36. Regarding the State’s objection to the Commission’s offer of the expert opinion of Laura Pautassi, the Court reiterates that this objection was decided in the Order of the President of December 20, 2012, 22 in which it was found pertinent to receive and incorporate the said evidence. Consequently, it is found in order to admit the opinion of Ms. Pautassi, which was provided during the public hearing before the Court. 37. Lastly, regarding the statement of presumed victim Melba del Carmen Suárez Peralta and the content of the expert opinion of Laura Pautassi, provided during the public hearing, the Court finds them pertinent only insofar as they are in keeping with the purpose defined by the President in the Orders requiring them (supra para. 9). In addition, in accordance with the Court’s case law case, the statement made by the presumed victim cannot be assessed in isolation, but rather within the whole body of evidence of the proceedings, because it is useful to the extent that it can provide further information on the presumed violations and their consequences. 23 VI PROVEN FACTS A. Background information and surgical operation 38. Melba del Carmen Suárez Peralta (hereinafter “Melba Suárez Peralta”), an Ecuadorian national, 22 years of age at the time of the facts, is the mother of three children. She is the companion of Dennis Edgar Cerezo Cervantes (hereinafter “Edgar Cerezo”), who, at the time of the facts, worked for the Guayas Traffic Commission as a traffic supervisor. 24 39. On June 1, 2000, the Guayas Traffic Commission issued General Order No. 1977, in which it offered medical services to its employees and their family members, provided by two Cuban doctors in the Polyclinic of the said Traffic Commission, 25 as follows: This is to inform the personnel of the Surveillance Unit that the Cuban doctors will be providing their services in the Institution’s Polyclinic until Friday, June 30, 2000, […] Dr. Emilio Guerrero Gutiérrez in General Surgery [and] Dr. Rafael Amador in Trauma and Orthopedic Surgery. […] The medical services will also be provided to family members. 40. On June 28, 2000, Melba Suárez Peralta consulted Emilio Guerrero Gutiérrez, in the Polyclinic of the Guayas Traffic Commission, for symptoms of abdominal pain, vomits and 22 Case of Suárez Peralta v. Ecuador. Order of the President of the Court of December 20, 2012, supra, tenth and fourteenth considering paragraphs. 23 Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43, and Case of García and family members, supra, para. 46. 24 Cf. Sworn statement provided by Dennis Edgar Cerezo Cervantes of February 8, 2013 (merits file, folio 734); statement made by Melba Suárez Peralta at the public hearing held in this case on February 11, 2013, and identity card of Melba del Carmen Suarez Peralta (file of annexes to the pleadings and motions brief, folio 1164). 25 Cf. Documentation added to the sworn statement of Luis Humberto Córdova Ramos (merits file, folio 592). Article 1 of the Law on the Rights and Protection of the Patient indicates that “Polyclinics” are considered to be health centers that belong to the public or private health services system established by law to provide comprehensive health care on an outpatient and hospitalized basis (file of annexes to the answering brief, folios 2388 to 2391). Also, according to Article 98 of the Law on personnel of the Surveillance Unit of the Traffic Commission of the province of Guayas, “The members of the Surveillance Unit in active service, as well as their family members, shall enjoy medical assistance, laboratory and X-ray services, in the establishments of the Guayas Traffic Commission, under the pertinent regulations.” 12