61.
Another four members of the Eastern Fire Department arrived on the scene and entered the
apartment via repel. At first they tried to remove Linda Loaiza López via the balcony “using ropes.” Later, the
apartment owner came with the keys and opened it. Then the 33rd Prosecutor of the Office of the Public
Prosecutor arrived,33 along with a delegation from the Municipal Institute for Cooperation and Healthcare led
by Doctor Luis Esparragoza to attend to Linda Loaiza López. He ordered her transported by ambulance to
Hospital Clínico Universitario in Caracas.34
62.
Linda Loaiza López was admitted to the University Hospital of Caracas on July 20, 2001,
where she received emergency treatment initially from two doctors on duty who noted in her medical record
that she said she “had been attacked by the son of the rector of the university in San Bernardino [...]”35
According to the aforementioned medical record:
On admittance, a physical examination revealed the presence of multiple traumas:
cranioencephalic, facial, thoracic, abdominal, extremity wounds thought to be bite wounds,
burns, and contusive trauma. A cranioencephalic injury was observed on the left parietal
region, scabbed over with no active bleeding; facial injuries included bilateral palpebral
hematoma, contusive injury to the nasal septum, and deformity of both lips with some
missing and both ears. Thoracic injuries involved burns and bite marks on both breasts and
costal margins painful to the touch, with restricted thoracic expansion. Abdomen is in pain,
with abdominal guarding and peritoneal irritation, no sign of contusive trauma.
Gynecological examination; genitals show no sign of injury, tactile vaginal exam, no flow or
pain on manipulation of the cervix, nonpalpable adnexal tumors. Tactile rectal exam, no
evidence of bleeding or tumors.
Paraclinical tests:
1. X-ray of thorax: evidence of multiple rib fractures, with some healing.
2. X-ray of abdomen found low air-fluid levels.
3. AP and lateral X-ray of cranium: Ascending ramus fracture in lower right jawbone.
4. Pelvic ultrasound: no evidence of injuries in uterus, not pregnant, no injuries to ovaries.
5. Intake lab test: hemoglobin: 5g/dL.36
33 According to testimony from the officers who were present, the 33rd Prosecutor ordered that Linda not be removed from
the apartment until the owner arrived with the keys, which took an hour from the time the first officer entered via the balcony. See:
Annex 4. Decision of the Twentieth First Instance Trial Tribunal of the Caracas Metropolitan Area. Case No. 20.-253. November 5, 2004.
Testimony of Officer Giovanny José Chicco Salas and Firefighter José Miguel Calzadilla Itriago, pgs. 126-133. 126-133. Annex D of the brief
from the petitioners, July 14, 2009
34 Linda López stated during the hearing on the merits before the IACHR that her transfer to the hospital was delayed by
approximately five hours. Regarding this, the petitioners explained that it “would take a maximum of 10 minutes” to cover the distance
between the El Rosal neighborhood and the University Hospital in Caracas. The Commission notes that according to the testimony of one
of the doctors who was on duty at the time, Linda Loaiza López arrived to the hospital at approximately midnight. The corresponding
medical report indicates she was attended to on July 20, 2001. See: Hearing on the Merits No. 17, Case of Linda Loaiza López Soto and
relatives (Venezuela), 154th Period of Sessions, March 2015. Statement of Linda Loaiza López Soto. Available at:
http://www.oas.org/es/cidh/multimedia/sesiones/154/default.asp; Annex 4. Decision of the Twentieth First Instance Trial Tribunal of
the Caracas Metropolitan Area. Case No. 20.-253. November 5, 2004. Statement of Officer Giovanny José Chicco Salas, Dr. Robert Ángel
Lam Leung, Surgeon General of the University Hospital of Caracas, and Police Report of July 19, 2001, No. 2001-1540, pgs. 126-131, 159162. Annex D of the brief of the petitioners of July 14, 2009; and Annex 6. Decision of the Seventh First Instance Trial Tribunal of the
Caracas Metropolitan Area. Case File No. 313-05. May 22, 2006, pg. 131. Annex E of the brief from the petitioners, July 14, 2009; and
Annex 10. Medical report on Linda López Soto. University Hospital of Caracas. Department of Surgery, September 4, 2001. Annex 4.A of
the brief of the petitioners of July 14, 2009; and brief of the petitioners of June 20, 2014, pg. 25.
35
Brief from the State, October 22, 2014, pg. 2.
36 Annex 11. Medical exam of Linda López. Signed by Dr. Freddy Sánchez Rivero. University Hospital of Caracas. Department of
Surgery. December 7, 2001. Annex “Folder No. 6 Informes médicos” from the initial petition of November 12, 2007; and Annex 11.
Medical report prepared by Dr. Robert A. Lam. Surgery Service II, University Hospital of Caracas, September 4, 2001, pgs. 122-123. Annex
A-4 of the brief from the petitioners, July 14, 2009.