verification such as an ultrasound, x-rays, a diagnostic peritoneal lavage
(DPL), a laparoscopy, basic blood cell count or hematological testing of
vomit,” among others. In this manner, they noted that given the lack of
information to justify the discharge of a patient with “[Mr.] Pedro Miguel Vera
Vera's medical history and the clinical findings,” such as laboratory results or
physical signs, the discharge of Mr. Pedro Miguel Vera Vera on April 13, 1993,
from that institution “constituted gross medical negligence.” 57
54.
Given the foregoing, the Court considers that Mr. Vera Vera was
discharged without having received appropriate examinations or diagnostic
tests given the nature of his lesions (supra paras. 48 to 49).
B.2.3. Care in the Provisional Detention Center of Santo
Domingo de los Colorados
55.
This Court notes that on April 13, 1993, Mr. Vera Vera was transported
to the Provisional Detention Center of Santo Domingo.58 The next day, Mr.
Vera Vera rendered a statement before the Eleventh Criminal Prosecutor of
Pichincha,59 and the Chief of the Office of Criminal Investigations of Santo
Domingo de los Colorados took Mr. Vera Vera before the President of the
Sorting Chamber.60 Moreover, on that day, Mr. Vera Vera was treated by the
doctor of the Police Unit, who certified that the alleged victim “had a wound
caused by a firearm, on his left hemithorax, apparently without major
complications and incurred before his detention.”61 The same doctor clinically
monitored Mr. Vera Vera at all times at the Provisional Detention Center of
Santo Domingo. Pursuant to the statement of that doctor rendered before the
National Directorate of Investigations of the National Police, “under the same
57
Expert testimony of Messers. Hans Petter Hougen and Önder Özkalipci (case file of
Merits, tomo I, folio 572).
58
Cf. Official letter addressed to the Subsecretary of International Bodies of the Ministry of
Foreign Affairs, signed by the Subsecretary of the Police of the Ministry of the Interior, on
December 15, 1995 (case file of annexes to the application, annex 5, folio 14); police report 93343 of the National Office of Investigations, on April 14, 1993 (case file of annexes to the
application, annex 2, folio 7); police report 95-P2-34-SDC of the National Office of Investigations,
of December 11, 1995 (case file of annexes to the application, annex 7, folios 19 and 20); police
report 95-P2-33-SDC of the National Office of Investigations, addressed to the Chief of the
Command of Rural Services of Pichincha No. 1, of December 4, 1995 (case file of annexes to the
application, annex 19, folio 69); statement of Dr. Luis Fernando Lara Yáñez, Chief of the Medical
Unit of the Provisional Detention Center, addressed to the National Office of Investigations on
November 15, 1995 (case file of annexes to the application, annex 10, folio 29), and certificate
issued by Doctor Luis Fernando Lara Yáñez, on April 14, 1993 (case file of annexes to the brief of
pleadings and motions, annex 3, folio 545).
59
Cf. statement rendered by Mr. Pedro Miguel Vera Vera before the Eleventh Criminal
Court of Pinchincha, on April 14, 1993 (case file of annexes to the application, annex 12, folios 43
and 44).
60
Cf. official letter 93-686-OID-SDC-CP-1 of the Chief of the Office of Criminal
Investigations de Santo Domingo de los Colorados addressed to the President of the Chamber of
Sorteos, on April 14, 1993, and police report 93-343 of the National Office of Investigations, on
April 14, 1993 (case file of annexes to the application, annex 2, folios 5 a 7).
61
Certificate issued by Dr. Luis Fernando Lara Yáéz, on April 14, 1993 (case file of annexes
to the brief of pleadings and motions, annex 3, folio 545).
23