33
important to mention that the criminal judicial officers are deemed responsible as
from the moment they have acquired knowledge of the crime, that is[,] as from
1995, the year in which the Attorney General acquired such knowledge."
96.
Given that the State acquired knowledge of Laura Alban’s death on August 3,
1995, it should have instituted investigation proceedings in order to clarify the
events as from that date. However, the investigation has not been initiated until
fifteen months later, as it has already been proven (supra, para. 81). On this matter,
this Court considers that the aforementioned fact indicates that State authorities did
not seriously process, with the due guarantees, the complaint filed by Laura Albán’s
parents. Therefore, the Court considers that the State has infringed Articles 8(1) and
25(1) of the American Convention for not having instituted the investigation on Laura
Albán’s death in a timely manner.
2)
Order issued by the Sixth Chamber of Quito’s Superior Court of Justice
97.
As previously stated, the Sixth Chamber decided in its order dated December
13, 1999, to dismiss the criminal action against Dr. Ramiro Montenegro-López on the
grounds that such action was time-barred, and to set the case for trial against Dr.
Fabián Espinoza-Cuesta (supra, para. 84). The Court shall now refer to the
investigations conducted by the State in each of these cases.
98.
Ecuador’s Criminal Code establishes that whoever, without the intention to
cause the death, willfully administers substances that may severely affect the health
or cause the death of another person commits a crime punishable by three to six
years of incarceration (Article 456) (supra, note 35). The intention to cause death is
presumed if the person administering said substances is either a physician, a
pharmacist or a chemist, or if that person possess knowledge of said professions,
even if not the holder of the required titles or degrees to practice them (Article
457).102 On the other hand, Article 459 sets forth a type of manslaughter, which
punishment is established in Article 460: three months to two years of prison and a
fine of fifty to two hundred sucres (supra, note 34).
99.
Article 101 of the Criminal Code establishes that actions to prosecute crimes
punishable by incarceration are barred by the statute of limitations after ten years
and that a five-year statute of limitations applies to crimes punishable by prison
(supra note 95).
100. It has been proven that the Pichincha State’s Attorney accused Drs.
Montenegro-López and Espinoza-Cuesta before the Sixth Chamber “as perpetrators
of the crime defined and punished in [Articles] 456 and 457 of the Criminal Code,
considering that, in its decision the Chamber should overturn the Lower court’s
decision and issue the corresponding decision setting the case against [the
aforementioned physicians] for trial.”103
101. The Court notes that Article 351 of the Code of Criminal Proceedings
applicable to the instant case established that judges who had jurisdiction over a
102
Article 457 of the Criminal Code establishes that “[r]egarding the crime established in the
previous Article, the intention to cause death shall be presumed if the person administering said
substances is either a physician, a pharmacist, or a chemist; or if he or she has knowledge of said
professions, even if not a holder of the corresponding title or degree in order to practice them.”
103
Cf. brief of the Pichincha Fifth Criminal Prosecutor, supra note 78.