authorities.19 Therefore, the criminal proceeding constituted the adequate remedy to clarify the facts. The Commission also understands that in the context of Ecuadorian domestic law such proceedings were a requirement to pursue civil remedies as confirmed by the judgment rendered on May 18, 2006. In light of the above, the Commission considers that the petitioner’s claim satisfies the requirement set by Article 46(1)(a) of the American Convention. 2. Deadline for Submitting the Petition 29. Article 46(1)(b) of the American Convention establishes that in order for a petition to be admissible by the Commission, it will have to be submitted within a period of six months of the date when the alleged injured party was notified of a final decision. In the instant case, the petition was received on June 26, 2006 and the last decision adopted in the domestic jurisdiction was notified on May 18, 2006. Therefore, the Commission finds the admissibility requirement regarding the deadline for submission must be considered to have been met. 3. Duplication and res iudicata 30. The file does not indicate that the subject of the petition is pending another international proceeding or that it reproduces a petition already examined by this or any other international organization. Therefore, it is appropriate to consider the requirements established in Articles 46(1)(c) and 47(d) of the Convention to have been met. 4. Characterization of the Alleged Facts 31. The State has rejected the attribution of responsibility for the events that surrounded the infection of the female child TGGL with the HIV/AIDS virus and its connection with the use of the blood banks of the Ecuadorian Red Cross. It claims not have any responsibility for the actions of that institution. 32. The Commission notes that TGGL was allegedly infected with the HIV/AIDS virus through blood supplied by the Red Cross of Cuenca in the Province of Azuay. The legislation then in force provided that the Ecuadorian Red Cross was exclusively responsible for the supply and use of blood and blood derivatives, and the regulatory control and coordination of the blood banks and deposits of the Ministry of Health and other State institutions. 20 The responsibility of organizing the supply of blood in the country 21, and testing each and every one of the units collected for the blood banks to the effect of “tracking irregular components”22, was delegated on the National Red Cross by the State. Also, the Supreme Court of Ecuador has established that the Ecuadorian Red Cross provides a service of a public nature and that its attestations are equally valid to those of official institutions.23 Based on the delegated and direct powers of the State organs with respect to supervision and oversight of the provision of a service by the 19 Article 436 of the Penal Code establishes: “Physicians, pharmacists, or anyone else who, through a lack of precaution or care, prescribes, dispenses, or administers medications that seriously compromise health shall be punished with a prison term of six months to one year; if they have caused an illness that seems to be or is incurable, the term shall be one to three years; and if they have caused death, the term shall be three to five years.” Articles 14, 21, 23, and 428 of the Criminal Procedure Code in effect at the time of the events established: Article 14: “criminal action is public in nature. In general, it shall be conducted ex officio, and individual accusations may be admitted, but in the cases indicated in Art. 428 of this Code criminal action shall be carried out through individual accusation only” Article 21: “the Public Prosecutor’s Office shall encourage the respective judges to initiate criminal proceedings for the commission of crimes, basing that encouragement on information received.” Article 23: “the intervention of the Public Prosecutor’s Office shall be necessary in all criminal proceedings that, based on the commission of a crime, are initiated in the respective tribunals and courts, even when an individual accuser is acting in said proceedings, provided that such crime must be prosecuted ex officio.” 20 Law No. 54 of October 31, 1986, published on November 7, 1986. Article 1 of Law 54 was replaced through a reform introduced by the Organic Health Law (Law No. 2006-67), which provides that: “monitoring the control, supply, and use of blood and its derivatives in Ecuador shall be the responsibility of the national health service []”. 21 See Ecuadorian Red Cross, http://www.cruzroja.org.ec/programas/salud/redbansan.htm 22 Agreement No. 4.148, Manual of Rules for Blood Banks, Storage Facilities, and Transfusion Services, August 7, 1998. See also Ecuadorian Red Cross, http://www.cruzroja.org.ec/programas/salud/normativo_habilitacion.pdf 23 First Chamber for Civil and Commercial Matters, Ordinary Judgment 192-2001, Judgment 367-2001, Official Registry 490, January 9, 2002. 7