26 (…) The behavior of the accused Monsalve Toral and Orellana Quezada identifies them in the context of the summary evidence as accessories to the proven offense. Their alleged culpability is unquestionably proven by their repeated lies.152 126. On October 29, 2001, the Fourth Court issued a decision declaring that the occurrence of the offense had been proven and ordering the opening of plenary proceedings for the alleged commission of the crime under Article 436 of the Criminal Code by Mariana Ramírez. It ordered the provisional dismissal of proceedings and a definitive dismissal in favor of the rest of the suspects under investigation.153 127. On December 18, 2001, the First Chamber of the Superior Court decided the issue raised by the Fourth Court with respect to the dismissals, as well as the appeal lodged by the Public Prosecutor alleging that Pablo Arturo Monsalve and Edith Orellana should have been tried as being responsible for a cover up. The Chamber’s decision was to uphold the definitive dismissal in favor of Claudio Arias and Bertha Regalado; and to modify the definitive dismissal with respect to Pablo Arturo Monsalve and Edith Alexandra Orellana to a provisional dismissal.154 128. The Commission has no access to the documentary elements introduced into the criminal file after this date. However, in its brief of December 4, 2008, the State of Ecuador indicated that on February 28, 2005, the Second Criminal, Collusive and Traffic Chamber of the Honorable Superior Court of Justice of Azuay “ruled that the trial be time barred” in light of the legal requirements”. G. Regarding the Civil Trial 129. On September 26, 2001, TGGL’s mother filed a “legal aid amparo” before the Civil Court of Cuenca.155 On subsequent days, two individuals made statements as to the precarious situation of TGGL’s mother.156 On December 5, 2001, her legal aid amparo was granted so that she could file a civil suit for damages, in accordance with Articles 905 and 906 of the Code of Civil Procedure. 157 On March 5, 2002, proceedings were begun at the request of TGGL’s mother against Claudio Arias and Pablo Monsalve, 158 who opposed the action, arguing the it was not proven that the infection was caused by the blood obtained from the Red Cross, nor that the samples sent to the Catholic University of Louvain had been taken from the donor 152 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Prosecutor’s opinion of September 23, 2001. Folios 315 – 319. 153 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Decision of the Second Criminal Court of October 29, 2001. Folios 244 - 247. 154 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Decision of the First Chamber of the Superior Court of December 18, 2001. Folios 250 – 254. 155 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Request for legal aid amparo of September 26, 2001. Folios 221 and 222. 156 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Statements in support of the legal aid amparo. Folios 227 and 228. 157 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Decision on the legal aid amparo of December 5, 2001. 158 Annex 1. Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Decision of July 12, 2005 of the Sixth Civil Court of Cuenca. Folios 6-9.