18
83. On November 4, 1999, a reopening of summary proceedings was ordered “for the maximum time
provided by law”, and additional procedural steps were ordered, including those mentioned in the preceding
paragraph, and a requirement that the expert witnesses Vivar and Peralvo draw conclusions. 92
84. Neither in the Fourth Prosecutor’s request of October 19, 1999, nor in the reopening of summary
proceedings by the Fourth Court on November 4, 1999, was reference made to the possibility of undertaking
the specialized test suggested by the expert witnesses.
85. On November 26, 1999, the expert witnesses Juan Peralvo Román and Nardo Vivar Idrovo
addressed the Fourth Court indicating that the evidence produced thus far in the proceedings “does not
scientifically allow it to be established unequivocally what may have been the cause of the HIV infection”.
They repeated the suggestion of performing the specialized testing in the following terms: “at the end of our
report we suggested evidence which scientifically could provide a conclusive finding (genetic sequencing to
be undertaken in Europe as we pointed out in the prior report, but we have also ascertained that if done at
the Jackson Memorial Hospital of Miami (…); with the results of this test, we could state one or other
possibility.”93
86. On December 22, 1999, TGGL’s mother lodged a “private prosecution” action against Pablo Arturo
Monsalve, Edith Alexandra Orellana and Mariana Ramírez. 94 On January 5, 2000, TGGL’s private prosecution
action was rejected on the grounds that “summary proceedings were reopened so that the steps ordered be
undertaken (…) and the private prosecution is not an essential procedural step and should have been lodged
opportunely.”95
87. On February 9, 2000, Edith Alexandra Orellana made another statement reproducing her prior
statement and indicated that the person who delivered the blood was Mariana Ramírez and the person who
delivered the platelets was the intern Bertha Regalado. 96
88. On February 9, 2000, Pablo Arturo Monsalve again made a statement which repeated his earlier
testimony and replied to the question submitted that he was not present at the point in which the blood and
platelets were delivered.97
89. On February 9, 2000, Eulalia Catalina Dávalos and Luz Elena Dávalos again appeared in order to
provide statements.98
90. On February 10, 2000, Bertha Regalado provided a statement; she was an intern at the Red Cross
and she was on duty when the platelets were delivered.99
92 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 Reopening Summary Proceedings of November 4, 1999. Folio not numbered,
between 81 and 82.
93 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 witnesses’ communication received on November 26, 1999. Folio 83.
94 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. TGGL’s mother’s private prosecution of December 22, 1999. Folio 85.
95 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 January 5, 2000. Folio 86.
96 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. Statement of Edith Orellana of February 9, 2000. Folio 90.
97 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. Statement of Pablo Arturo Monsalve of February 9, 2000. Folio 91.
98 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. Statements of Eulalia Catalina Dávalos and Luz Elena Dávalos of February 9, 2000.
Folio 91.