f)
From January 18 to 20, 2009, she was interned in the “Alcívar Clinic” in
Guayaquil, with symptoms of “lithiastic cholecystitis,” and underwent different
tests. 47 Also, from October 20 to 24, she was hospitalized again in this clinic,
where she underwent “laparoscopic resolution, which was complicated […] by the
adhesions present as a result of the previous operations.” She was diagnosed
with “Empyema in the gallbladder,” and prescribed antibiotics; 48
g)
In November 2010, in the same clinic she underwent the removal of adhesions, 49
and
h)
From April 22 to 24, 2012, Melba Suárez Peralta was interned in the Alcívar
Clinic with symptoms of colic, nausea and fever. 50
45.
According to Melba Suárez Peralta, these ailments had diverse financial, work-related
and personal consequences. Regarding the financial consequences, she had to request
several loans in order to cover the costs of the medical treatment she received. 51 She also
stated that she had to dispose of three vehicles and a property she owned. 52 Without
providing the final date, she also ended her commercial activities dedicated to the rental
and sale of vehicles, which she had been carrying out since 1998, although she was
registered in the Taxpayers Register as a company dedicated to hiring out cars with drivers
as of August 17, 2005. 53 Also, as she stated during the hearing, owing to her physical
ailments, she is now “unable to perform any type of economic activity.” 54
C.
The judicial proceedings regarding the facts of the case
46.
On August 2, 2000, Melba Peralta Mendoza, Melba Suárez Peralta’s mother, filed a
complaint before the First Criminal Court of Guayas, against Dr. Emilio Guerrero, “and any
possible perpetrators, accomplices and accessories.” 55 In response, on August 16, the First
Criminal Judge of Guayas (hereinafter “Criminal Judge”) issued a court order to investigate
the offense, thus opening the preliminary criminal proceedings. 56
47
Cf. Epicrisis form. Alcívar Clinic (file of annexes to the Merits Report, folio 276).
48
Documentation attached to the sworn statement made by Melba del Carmen Suárez Peralta on April 5,
2012 (file of annexes to the pleadings and motions brief, folio 1763).
49
Cf. Sworn statement made by Melba del Carmen Suárez Peralta on April 5, 2012 (file of annexes to the
pleadings and motions brief, folio 1811).
50
Cf. Medical certificate of April 22, 2012 (file of annexes to the pleadings and motions brief, folio 1653),
and answer to the Note by the Guayas Health Ministry (file of annexes to the answering brief, folio 2258).
51
Cf. Sworn statement made by Melba del Carmen Suárez Peralta on April 20, 2012 (file of annexes to the
pleadings and motions brief, folios 1711 to 1720); Sworn statement made by Luis Azanza Azanza on April 5, 2012
(file of annexes to the pleadings and motions brief, folios 1813 to 1820); sworn statement made by Stalin Xavier
Intriago Burgos on April 5, 2012 (file of annexes to the pleadings and motions brief, folios 1821 to 1826), and
sworn statement made by Melba del Carmen Suárez Peralta on April 5, 2012 (file of annexes to the pleadings and
motions brief, folios 1865 to 1874).
52
Cf. Sworn statement made by Melba del Carmen Suárez Peralta on April 5, 2012 (file of annexes to the
pleadings and motions brief, folios 1833 a 1849).
53
Cf. Sworn statement made by Melba del Carmen Suárez Peralta on March 30, 2012 (file of annexes to the
pleadings and motions brief, folio 1892).
54
Cf. Statement made by Melba del Carmen Suárez Peralta in the public hearing held in this case on
February 11, 2013.
55
Private accusation filed by Melba Peralta Mendoza on August 2, 2000 (file of annexes to the Merits Report,
folios 6 and 7).
56
Cf. Court order to investigate the alleged offense of August 16, 2000 (file of annexes to the Merits Report,
folios 26 to 28). The order required the following actions: “FIRST. Receive the preliminary testimony of the
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