the judge of the First Court of Puente Alto explained that the proceedings had been delayed to some extent because letters rogatory had to be used to summon and notify the accused, given that they lived outside the court’s jurisdiction. 29. It added that the petitioners took more than nine months to file legal action and that they had proper legal counsel, and so the requirement of “diligence on the part of the complainant” was not fulfilled. IV. C. ANALYSIS OF THE MERITS Proven facts 30. Before embarking on an analysis of the evidence available regarding the facts in the case at hand, the Commission would like to note that the documents from the Sótero del Río Hospital are mostly illegible. In its examination of the facts set out below, the Commission will include those sections of the medical file from which legible parts can be extracted. 1. Regarding Mr. Vinicio Antonio Poblete Vilches 31. Mr. Vinicio Antonio Poblete Vilches was born on May 22, 1924, and, at the time of his death, was 76 years old.3 According to the petitioners’ narrative, Mr. Poblete Vilches lived with his wife, Mrs. Blanca Tapia Encina, and their three children, Cesia Leyla, Vinicio Marco Antonio, and Gonzalo, all surnamed Poblete Tapia. In addition, the Commission has information on two grandchildren of Mr. Vinicio Antonio Poblete Vilches: Jorge Alejandro Fuentes Poblete and Alejandra Marcela Fuentes Poblete. Mrs. Blanca Tapia Encina died on January 13, 2003, and Gonzalo Poblete Tapia died on December 4, 2011. 32. The petitioners presented documentation indicating that Gonzalo Poblete Tapia, born on January 10, 1976, had brain damage and was physically an invalid as a result of a chronic ailment of his spine, which deformed his body. In addition, he did not master verbal or written language, his limitations prevent him from communicating and from mobility, he had no sphincter control and had no schooling because of his state of health. 2. First admission of Mr. Vinicio Antonio Poblete Vilches to the Sótero del Río Hospital 33. On January 17, 2001, Mr. Poblete Vilches was admitted to the Sótero del Río Hospital, a public institution in Santiago de Chile, for severe respiratory failure,4 where he was hospitalized for five days in the Medical Intensive Care Unit. 5 According to his family’s narrative, on January 22 he was admitted to the Surgical Intensive Care Unit, where he was tied down with sensor cables and kept sedated.6 3 Annex 1. Death certificate of Vinicio Antonio Poblete Vilches, dated March 9, 2001 (annex to the State’s submission of September 23, 2008). 4 Annex 2. Statement given to the First Civil Court by Marcelo Adán Garrido on March 3, 2006 (annex to the State’s submission of September 23, 2008); and Annex 3. Statement given to the First Civil Court by Cesia Leyla Siria Poblete Tapia on September 14, 2006 (annex to the State’s submission of September 23, 2008). 5 Annex 4. Statement given to the First Criminal Court by Vinicio Marco Antonio Poblete Tapia on April 6, 2006 (annex to the State’s submission of September 23, 2008); and Annex 5. Statement given to the First Civil Court by Jorge Alejandro Fuentes Poblete on June 12, 2007 (annex to the State’s submission of September 23, 2008). 6 Annex 4. Statement given to the First Criminal Court by Vinicio Marco Antonio Poblete Tapia on April 6, 2006 (annex to the State’s submission of September 23, 2008); and Annex 5. Statement given to the First Civil Court by Jorge Alejandro Fuentes Poblete on June 12, 2007 (annex to the State’s submission of September 23, 2008). 5