71. On September 20 that year, the First Criminal Court of Guayas declared that the action had prescribed. 111 Consequently, on September 22, Melba Peralta Mendoza asked the said Court to fine the judge of the case. 112 On November 10, the First Criminal Court of Guayas denied Melba Peralta Mendoza’s petition, merely indicated that “the request was not admissible […].” 113 72. Furthermore, the evidence provided by the State reveals that, owing to the administrative proceedings conducted by the Ecuadorian Council of the Judicature, the acting Criminal Judge in the proceedings was suspended from exercising his functions and subsequently dismissed. 114 D. The Minchala Clinic 73. The evidence in the case file reveals that, on May 8, 2002, the Ecuadorian press announced that the Minchala Clinic had been closed following an inspection made by the Guayas Health Control Unit, on verifying that “[the clinic] had between four and five patients in each ward, owing to lack of space for recovery. In the laboratory area, [forty] reactive agents were seized that had expired more than a year before.” 115 Furthermore, on October 14, 2007, the Ecuadorian press announced that the Minchala Clinic “had been closed by the Provincial Health Department because its operating permit was out of date and owing to poor conditions of hygiene. It would remain closed until the necessary requirements and adjustments were made; […] [nevertheless,] this measure [was] not applied owing to supposed medical malpractice.” In both situations, there was no information on the dates for re-opening. 116 Article 101 of the Penal Code in force at the time of the facts stipulates: “Every criminal action prescribes in the time and under the conditions established by law. In exercising the right established by prescription, the following rules shall be observed: In the case of offenses for which a public action is in order, and offenses subject to private action, above all, it shall be observed whether or not, once the offense has been committed, the prosecution has been initiated. If there is no prosecution, in the case of offenses punished by imprisonment (reclusion), which are subject to pubic action, the action to prosecute them shall prescribe in 10 years; in the case of offenses punished with special imprisonment of more than 10 years, the action to prosecute them shall prescribe in 15 years. In the case of offenses punished with imprisonment (prisión), the action to prosecute them shall prescribe in five years. The time shall be calculated as of the date the offense was perpetrated. In the case of offenses subject to public action, if prosecution is started before these time frames expire, the action to continue the case shall prescribe within the same time frames, calculated from the date of the court order to open the investigation of the offense […]”. 111 Cf. Decision of the First Criminal Court of Guayas of September 20, 2005 (file of annexes to the Merits Report, folios 206 and 207). 112 209). Cf. Brief submitted by Melba Peralta on September 22, 2005 (file of annexes to the Merits Report, folio 113 Decision of the First Criminal Court of Guayas (Decision 136/2005) of November 10, 2005 (file of annexes to the Merits Report, folio 211). 114 On April 30, 2007, the acting Criminal Judge in the proceedings was suspended from the exercise of his functions for 30 days, and on September 18, 2007, and July 29, 2008, he was sanctioned with a fine. On September 4, 2011, he was reprimanded, and on February 7, 2012, his dismissal was decided; a decision which became final on May 16 that year. Cf. Executive summary of memorandum No. DNA J-2012-1761 (file of annexes to the State’s answering brief, folio 2243). 115 Article in the newspaper “El Universo” of May 8, 2002, entitled “Dos clínicas clausuradas por el Ministerio de Salud” [Two clinics closed by the Health Ministry] (file of annexes to the Merits Report, folio 9). 116 Article in the newspaper “El Universo” of October 14, 2007, entitled “Más muertes por atención médica fallida” [More deaths from deficient medical care] (file of annexes to the Merits Report, folio 12). 22