16
(NN) Dermott Martínez (f)
8 months
31-12-2001
Enterocolitis
17
(NN) Dermott Larrosa (f)
5 days
08-2001
Anemia
18
(NN) García Dermott (f)
1 month
2000
Pertussis
19
Adalberto González López
(m)
1 year and
2 months
2000
Pneumonia
20
Roberto Roa Gonzáles
55 years
2000
Tuberculosis
3 days
1999
Hemorrhage
9 days
1998
Tetanus
Stillborn
1998
Undetermined
1 day
1996
Fetal distress
2 years
1996
Enterocolitis –
dehydration
1996
No information
23
(NN) Ávalos or Rios Torres
(m)
(NN) Ávalos or Rios Torres
(m)
(NN) Dermott Ruiz (m)
24
(NN) Dermott Ruiz (m)
25
Mercedes Dermott Larrosa
(f)
26
Sargento Giménez (m)
No
information
27
Rosana Corrientes
Dominguez (f)
10 months
28
(NN) Wilfrida Ojeda Chávez
(f)
21
22
8 months
265
1993
01-05-1994
Pertussis
Enterocolitis –
dehydration
No information
Received MA in
the Filadelfia
Hospital
Did not receive
MA
Did not receive
MA
Did not receive
MA
Did not receive
MA
Did not receive
MA
No information
Did not receive
MA
Received MA,
volunteer nurse
Did not receive
MA
Received MA in
25 Leguas Health
Center
Did not receive
MA
227. The Court clarifies that the fact that the State is currently providing emergency
assistance (supra paras. 191 to 194 and 198) does not relieve it of its international
responsibility for having failed to take measures in the past to prevent the risk of a
violation of the right to life occurring. Consequently, the Court must examine which of
the deaths can be attributed to the State for failing in its obligation to prevent them.
This examination will be based on an approach that permits the situation of extreme
and special vulnerability, the cause of death, and the corresponding causal connection
between them to be related, without imposing on the State an excessive burden for
overcoming an indeterminate or unknown risk.
228. Regarding the specific cases of death, in their list, the representatives indicated
the name of (NN) Corrientes Domínguez, stillborn, who died from fetal distress, and
(NN) Dermott Ruiz, stillborn, who died in 1998 from unknown causes. In this regard,
the Court notes that the representatives and the Commission have not presented
arguments regarding the alleged violation of the right to life of the “unborn,” so that,
given the absence of grounds, the Court lacks facts on which to form an opinion as to
the State's responsibility in these cases.
229. In relation to Luisa Ramírez Larrosa, Rosa Larrosa Domínguez, (NN) Jonás
Avalos or Jonás Rios Torres (m), Rosa Dermott (f), (NN) Ávalos or Rios Torres (m),
and Sargento Giménez (m), regarding whom the cause of death is unknown or they
died from natural causes or accidents, the State cannot be considered responsible for
their deaths, because there is no evidence to determine State responsibility and a
causal connection between the presumed cause of death and the vulnerable situation
of the members of the Community has not been shown.
230. With regard to the deaths of Felipa Quintana, who died of septic shock in May
2008, at 64 years of age, and received medical attention; Gilberto Dermott Quintana,
265
In the lists presented by the Commission, the date of death is 1993 with the following clarification:
“[i]n the Report on Merits, a Rossana Corrientes of 10 months is included, who died of whooping cough in
1996; possibly this is the same person” (merits file, tome I, folio 33, note 78).
53
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