17 indicated that they have been used in developing countries where the equipment or training has been lacking and concluded that, in general, they are reliable tests. 86 78. Concerning the question of how long it takes to detect the presence of the HIV virus after a blood transfusion and contaminated platelets, they indicated that it could be done by “virus quantification techniques within a relatively short period (from 1 to 3 weeks after exposure) with the said acute HIV infection. But the sero-conversion (…) generally takes from 6 to 12 weeks after transmission.” They added that it is variable from one subject to another and that in cases of blood transfusion antibodies may be detected within a shorter period than that of transmission by sexual means.87 79. In the final part of their experts’ report, they indicated the necessity for undertaking a viral genotype comparison test and a nucleotide sequence analysis, in the following terms: From a scientific standpoint, what may help to establish or eliminate the possibility that the blood transfusion caused the presence of HIV antibodies in the child [TGGL] is the identification and comparison of viral genotype and nucleotide sequential analysis of the HIV through hybridization techniques, on the blood of Mr. Henry Salazar and the child (…). This highly sophisticated technique (corresponding to molecular biology specialty) has not yet been fully implemented in this country, but, if necessary, contact could be made to send blood samples to the European Molecular Biology Bank (in Heidelberg, Germany). 88 80. On September 8, 1999, summary proceedings were closed and the Prosecutor was asked to issue an opinion within the legal timeframe.89 81. On September 14, 1999, TGGL’s mother requested that the Fourth Court reopen the summary proceedings, indicating that essential pieces of evidence needed to be produced, including those suggested by the expert witnesses.90 82. On October 19, 1999, the Fourth Prosecutor requested the reopening of summary proceedings in order to carry out the necessary procedural steps “to establish who was the person responsible” for the infection. These procedural steps included: i) amplification of Dr. Pablo Monsalve and Dr. Edith Orellana’s testimony, to ascertain “which person or employee of the Red Cross, on the night of June 22, 1998, received the blood or platelets” for TGGL’s transfusion; ii) amplification of the evidence provided by TGGL’s mother, and of Eulalia Dávalos and Luz Elena Dávalos; iii) the statement of Berta Regalado; and vi) the statement of HS’s cohabitee.91 86 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Expert witness report of August 16, 1999, of Drs. Juan Peralvo Roman and Nardo Vivar Idrovo. Folios 67 to 74. 87 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Expert witness report of August 16, 1999, of Drs. Juan Peralvo Roman and Nardo Vivar Idrovo. Folios 67 to 74. 88 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Expert witness report of August 16, 1999, of Drs. Juan Peralvo Roman and Nardo Vivar Idrovo. Folios 67 to 74. 89 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Order of September 8, 1999. Folio 75. 90 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Request to reopen summary proceedings of September 14, 1999. Folios 76-78. 91 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Request to reopen summary proceedings of October 19, 1999. Folio 81.

Seleccionar párrafo de destino3