22 107. On April 18, 2001, Pablo Arturo Monsalve made a statement, this time to deliver preliminary investigation testimony.126 108. On May 16, 2001, TGGL’s mother filed a private prosecution action against Claudio Arias (President of the Provincial Committee of the Azuay Red Cross), Pablo Arturo Monsalve, Edith Alexandra Orellana, Mariana Ramírez and Bertha Regalado for the crime of infection with a contagious disease.127 On the same day, the private prosecution proceedings were admitted and summary proceedings were extended against Claudio Arias and Edith Alexandra Orellana.128 109. On June 14, 2001, TGGL’s mother requested that the Fourth Criminal Court order a date and time for the inspection of the Red Cross facilities. 129 110. On June 22, 2001, doctors Ruth Rosas and Gabriel Tenorio took over the role of expert witnesses in order to investigate the procedures and equipment used at the Red Cross blood laboratory. During this procedural step they concluded that the qualitative methods used were unreliable since the tests had to be crosschecked by reference methods such as Western Blot and Micro- ELISA, which were unavailable at the facilities.130 111. On May 10, 2001, two affidavits were received from the Provincial Council of the Azuay Red Cross stating that Dr. Pablo Monsalve did not receive blood donations, did not perform serum tests, did not deliver the blood and platelets to TGGL and that the foregoing were requested by a doctor of the Pablo Jaramillo foundation. In addition, the working hours were said to finish at 17:00 hours. 131 112. On June 27, 2001, Claudio Arias, Pablo Arturo Monsalve, Bertha Regalado and Edith Orellana sent a brief to the Fourth Court setting out a list of questions for the expert witnesses Peralvo and Vivar. 132 It was ordered that they should respond to the questionnaire within six days. 133 126 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 Monsalve of April 18, 2001. Folio 139, before and following unnumbered. 127 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. Private Prosecution of May 16, 2001. Folios 145 and 146. 128 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 May 16, 2001. Folio not numbered between 146 and 147. 129 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. Brief of TGGL’s mother of June 14, 2001. 130 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. Record and Results of Inspection of Blood Bank of June 22, 2001. Folio 153. They added that there were circumstances such as: low levels of antibodies, below the test detection limits; infection with a virus varient which did not react with the specific antigens used or manipulation of the results leading to a loss of the multivalency of HIV antibody, which could give false negative results, as is described in the bibliography of proceedings used at the Blood Bank. 131 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. Certifications of May 10, 2001. Folios 156 and 157. 132 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. Brief received on June 27, 2001. Folio 159. The questions posed were the following: 1. Do you have an accredited qualification as an infectologist, virologist or molecular biologist?; 2 Do you know whether there is in Cuenca any organ recognized as belonging to the Public Health Ministry of to any other official entity capable of resolving problems relating to AIDS?; 3 – Is it true or not that there are various horizontal avenues for transmission of the HIV virus, including accidental or unintentional ways, by contaminated needles in household use, by the using shared toothbrushes or razors, or at hairdressers or the dentist’s office?; 4 –Do you know of the existence in our city of special doctors linked with the diagnosis and treatment of AIDS?; 5 – It turns out there is no other transmission route, and that the girl TGGL only could have been infected by blood transfusion or by vaginal sexual relations?; 6- Can you confirm whether two individuals can have the same virus and do you believe that this cannot be found in other infected individuals from the same source?; 7- If an individual infects various persons, will these latter have the same virus or not?; 8- Do you know the different strains or varieties existing with the HIV virus, and could you indicate the basis for classification within the same strain or family?; 9- Blood refrigerated to temperatures between 2-8 degrees centigrade and left still, does it have active platelets or not?; 10- Do you believe that it is impossible to prepare platelets in double funds?; 11 – Do you agree with the report sent by the University of Louvain that it is irrefutable as evidence confirming that the HIV infection came from a blood transfusion originating at the Azuay Red Cross, and that another means of infection is impossible?’ 12 – Can thrombocytopenic purpura be triggered by the HIV virus