10
39
voiding of the proceedings. On August 30, 2001, Dr. Guerrero challenged the prosecutor’s ruling and
40
asked the judge to void the proceedings.
44.
In September 2001, Wilson Minchala was summoned to give a statement to the
41
investigation and on September 13, 2001, the complainant presented a document and requested the
42
closure of the investigation, given that the deadline for its completion had passed. On September 19,
2001, the judge ruled the investigation concluded because the reopening period of the case had
43
expired. On September 25, 2001, the complainant formalized her accusation against Emilio Guerrero as
the perpetrator of the crime and against Wilson Minchala as his accomplice and accessory after the
44
fact.
45.
On October 11, 2001, the First Criminal Judge of Guayas ordered the reopening of the
45
investigation for a period of 10 days in order for Drs. Guerrero and Minchala to give their statements. On
October 12, 2001, the First Criminal Prosecutor of Guayas requested that the investigation be reopened
46
to receive statements from the two physicians. On October 18, 2001, the complainant lodged a
document expressing her disagreement with the reopening of the proceedings, seeing in it the wish of the
47
accused to delay the process indefinitely.
46.
On October 19, 2001, Wilson Minchala gave his statement to the investigation, in which
he stated that he rented the operating theater to Dr. Jenny Bohórquez, Dr. Guerrero’s partner, because it
48
was an emergency surgery, as indicated in medical record No. 975. On October 24, Emilio Guerrero
49
requested that a date be set for his statement and that of Dr. Bohórquez to be taken. On October 29,
2001, the complainant spoke of Dr. Minchala’s statement and requested that the investigation be
50
extended to Dr. Jenny Bohórquez.
39
Annex 22. Presentation document of Wilson Minchala, dated August 23, 2001. Annex 1 to the initial petition received on
February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 70. Annex 23. Application for voiding of the proceedings by
Wilson Minchala, dated August 29, 2001. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial
Inquiry No. 2316-2000 pp. 85 to 88
40
Annex 24. Application for voiding of the proceedings by Emilio Guerrero, dated August 30, 2001. Annex 1 to the initial
petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000 pp. 89 to 91.
41
Annex 25. Summons for testimony of Wilson Minchala. Annex 1 to the initial petition received on February 23, 2006,
Case file in Prosecutorial Inquiry No. 2316-2000, p. 92.
42
Annex 26. Complainant’s submission of September 13, 2001. Annex 1 to the initial petition received on February 23,
2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 94.
43
Annex 27. Declaration of conclusion of investigation, September 19, 2001. Annex 1 to the initial petition received on
February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 102.
44
Annex 28. Formal accusation against Emilio Guerrero and Wilson Minchala, document of September 25, 2001. Annex 1
to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 105.
45
Annex 29. Reopening of investigation, October 11, 2001. Annex 1 to the initial petition received on February 23, 2006,
Case file in Prosecutorial Inquiry No. 2316-2000, p. 106. On September 19, 2001, Wilson Minchala informed the judge that he had
been unable to appear to give his statement on account of health reasons (Annex 30. Submission by Wilson Minchala, September
19, 2001. Annex 1 to the initial petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 101).
46
Annex 31. Request for reopening of investigation, October 12, 2001. Annex 1 to the initial petition received on February
23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 108.
47
Annex 32. Document dated October 18, 2001. Annex 1 to the initial petition received on February 23, 2006, Case file in
Prosecutorial Inquiry No. 2316-2000, p. 115.
48
Annex 33. Statement to the investigation of Wilson Minchala, October 19, 2001. Annex 1 to the initial petition received
on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 116. Annex 34. Medical record No. 975 of Melba del
Carmen Suárez Peralta at the Minchala Clinic, pp. 71 to 77.
49
Annex 35: Application by Emilio Guerrero of October 24, 2001. Annex 1 to the initial petition received on February 23,
2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 118.
50
Annex 36. Request for investigation to be extended to Jenny Bohórquez, October 29, 2001. Annex 1 to the initial
petition received on February 23, 2006, Case file in Prosecutorial Inquiry No. 2316-2000, p. 104. There is nothing in the case file
cont.