A. The petitioners
13. The petitioners, in handwritten submissions to the
Commission, report the facts of which their father was allegedly a
victim: Mr. Vinicio Antonio Poblete Vilches (hereinafter the alleged
victim). They state that on January 17, 2001 they called an ambulance
because the alleged victim, 76 years of age, had problems with
breathing. The ambulance, which according to them was late in arriving,
took the alleged victim to the emergency unit of the Complejo
Asistencial Doctor Sótero del Río [Dr. Sótero del Río Medical Complex], a
public hospital in Santiago, Chile (hereinafter “Sótero del Río Hospital”
or “the hospital”).
14. According to the petitioners, the alleged victim was kept in
the Intensive Care Unit of the aforementioned hospital, until January 22,
2001, when he was moved to one of the hospital’s wards. The
petitioners, who personally accompanied Mr. Poblete Vilches during his
stay in the hospital, maintain that the alleged victim received degrading
treatment in the hospital. In particular, they complain that Mr. Poblete
Vilches went hungry; that he was kept in a drugged state and
unconscious; and that he was naked and his hands and legs were tied,
which prevented blood circulation. They state that the hospital
physicians were overbearing with the petitioners and other next of kin of
Mr. Poblete; they were humiliated by the doctors when they asked for
information on the alleged victim’s state of health, they were kept from
viewing the medical record to learn about the treatment he was
receiving, and even restricted family visits.
15. The petitioners claim they informed the hospital that the
alleged victim suffered from two types of diabetes, and therefore he
could not undergo surgery. They state that on January 26 the alleged
victim underwent surgery without his next of kin having been informed
or without requesting their authorization. In fact, they report that in said
clinic an authorization was forged to carry out the operation: the alleged
authorization appears as written and signed by Blanca Margarita Tapia
Encina, who did not know how to read or write. Moreover, the medical
record shows Ms. Tapia Encina authorizing surgery for her father, when
Mr. Poblete Vilches was in fact her husband. They further contend that
they were informed after surgery had been performed “to determine if
he had fluids in the heart” but after the operation they found three large
wounds on the right side of his waist, to which a drainage tube was
attached.
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