Balcázar confirms these assertions. Moreover, the Court notes that the
Register of the Eugenio Espejo Hospital on April 22, 1993, corroborates that
Mr. Vera Vera was admitted to surgery as of 21:10 hours (supra para. 68), as
indicated by his mother.
70.
The Court further notes that Mr. Vera Vera died at the Eugenio Espejo
Hospital on April 23, 1993, hours after the operation82 because of peritonitis
and hemoperitoneum [sic] due to the laceration of the mesenteric vessels and
bowel loops, caused by the penetration of a projectile from a firearm.” 83 The
collection and the autopsy of his body were carried out at the Eugenio Espejo
Hospital that same day by order of the Fifth National Commissioner. 84 The
autopsy indicated that he also "had several surgical stitches in mesentery,
necrotic bowel loops, with the presence of fibrin liquid and sero-purulent
material with hemoperitoneum remains [sic] of 600cc, kidneys in shock[, and]
an empty stomach with inflamed mucous[.]” It was not until the autopsy was
performed that the bullet was removed. 85 On May 4, 1993, the Eleventh
Judge declared the criminal proceedings against Mr. Vera Vera closed, in light
his death. The prosecutor, among others was served notice of the decision “in
his office.” 86
71.
The Court notes that the Eleventh Criminal Judge ordered the surgical
intervention of Mr. Vera Vera on April 16, 1993 (supra para. 60).
Nevertheless, Ecuadorian authorities did not carry out this procedure until
April 22, 1993, in the Eugenio Espejo Hospital of Quito (supra para. 68). In
this regard, the Court highlights that it was due to the actions of Ms. Vera
Valdez that her son was transferred to the Hospital Santo Domingo de los
Colorados and then to the hospital in Quito in order for him to undergo
surgery.
72.
Now, the experts noted that “the immediate cause of [Mr. Vera Vera's]
death was postoperative shock, but his condition prior to the surgery was
very poor due to the complications caused by the gunshot wound, which was
the underlying cause of his death.” The expert report also noted that “[t]here
is no doubt that the gunshot wound caused all the described lesions
(perforation of the diaphragm, spleen laceration, perforation of the intestinal
blood vessels and the left flexure of the large intestine). They also indicated
that sepsis, peritonitis, intraperitoneal hemorrhage and intestinal necropsies
were complications caused by the untreated gunshot wound in the chest and
abdomen.” The report concluded that if the alleged victim “had immediately
82
Cf. Official letter no. 93-1905-CP-1, of Coronel of Police of E.M., addressed to the
Eleventh Judge of the Criminal Court of Pichincha, on April 23, 1993 (case file of annexes to the
brief of pleadings and motions, annex 16, folio 585).
83
Autopsy Protocol 301-24-JI-PA-93 of the Medical Legal Services, of April 23, 1993 (case
file of annexes to the application, annex 1, folio 2).
84
Cf. Part addressed to the Chief of the Office of Criminal Investigations de Pichincha, on
April 23, 1993 (case file of annexes to the brief of pleadings and motions, annex 17, folio 589),
and report no. 2016-OIDP of the Office of Criminal Investigations, on April 4, 1993 (case file of
annexes to the brief of pleadings and motions, annex 17, folio 590).
85
Cf. Autopsy Protocol 301-24-JI-PA-93 del Medical Legal Services, of April 23, 1993 (case
file of annexes to the application, annex 1, folio 2).
86
Order of the Eleventh Judge of the Criminal Court of Pichincha, on May 4, 1993 (case file
of annexes to the brief of pleadings and motions, annex 20, folio 597).
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