www.reclamos.cl, in which there is reference to claims against Hospital Sótero el Río between 2011 and 2012 both, for medical negligence as well as bad conditions in such place 31. 51. Blanca Margarita Tapia Encina died on January 13, 2003. The cause of death was sepsis and gallbladder cancer with multiple metastases.32 4. Steps taken by the family with state agencies 4.1 Criminal complaints 52. On November 12, 2001, Blanca Margarita Tapia Encina and Cesia Leyla Poblete Tapia lodged a criminal complaint for the crime of culpable homicide with the First Court of Puente Alto (subsequently, “First Civil Court”) against “María Chacón Fernández, Ximena Echeverría Pezoa, Luis Carvajal Freire, Erick or Marcelo Garrido, Anuch, and Montesinos (…) in their capacity as physicians or interns at the Sótero del Río Hospital (…), who attended professionally to our relative, Mr. Vinicio Antonio Poblete Vilches, and who, through their actions, inexplicably and with absolute negligence and culpability, brought about his death.” 33 53. In that complaint they requested that the following formalities be pursued: (i) summon the defendants to give statements, together with Dr. Sandra Castillo Momtufar, the driver Nolberto Jesús Soto Gajardo, the nun Rosa Gazmuri M., and Cecilia Caniqueo Ralil, a nurse with the Hogar de Cristo; (ii) request the medical records of Mr. Vinicio Antonio Poblete Vilches; and (iii) order the exhumation of Vinicio Antonio Poblete Vilches’s body, in order to perform an autopsy to determine the real cause of his death.34 54. On that same date, the First Civil Court ruled itself incompetent because “the commission of the alleged crime (…) began on January 17, 2001, a date when the Third Criminal Court was on duty,” and it referred the proceedings to that court. 35 The Third Criminal Court declined jurisdiction and ruled itself incompetent on November 23, 2001, and returned the case to the original court.36 The First Court ruled itself incompetent anew on December 11, 2001, 37 and referred the proceedings to the Court of Appeal of San Miguel, 38 which, on February 6, 2002, ruled that the First Civil Court had jurisdiction.39 31 Annex 13. Newspaper article, “Medical negligence claim brought against Sótero del Río Hospital for mistreatment of nine-month-old-baby” (annex to the petitioners’ submission of November 28, 2012); Annex 14. Newspaper article of May 14, 2012, “Family reports medical negligence at Sótero del Río Hospital” (annex to the petitioners’ submission of November 28, 2012); Annex 15. Newspaper article of October 27, 2010, “Sótero del Río Hospital to conduct internal investigation into inutero death of baby” (annex to the petitioners’ submission of November 28, 2012); and Annex 16. Sótero del Río Hospital, full list of complaints made against the company (annex to the petitioners’ submission of November 28, 2012). 32 Annex 17. Death certificate of Blanca Margarita Tapia Encina, issued on January 14, 2003 (annex to the State’s submission of September 23, 2008). 33 Annex 6. Criminal complaint lodged with the First Civil Court by Blanca Margarita Tapia Encina and Cesia Poblete Tapia on November 12, 2001 (annex to the State’s submission of September 23, 2008). 34 Annex 6. Criminal complaint lodged with the First Civil Court by Blanca Margarita Tapia Encina and Cesia Poblete Tapia on November 12, 2001 (annex to the State’s submission of September 23, 2008). 35 Annex 18. First Civil Court, resolution of November 12, 2001 (annex to the State’s submission of September 23, 36 Annex 19. Third Criminal Court, resolution of November 23, 2001 (annex to the State’s submission of September 37 Annex 20. First Civil Court, resolution of December 11, 2001 (annex to the State’s submission of September 23, 38 Annex 21. First Civil Court, resolution of December 24, 2001 (annex to the State’s submission of September 23, 2008). 23, 2008). 2008). 2008). 39 Annex 22. Court of Appeal of San Miguel, resolution of February 6, 2002 (annex to the State’s submission of September 23, 2008). 10