INTER - AMERICAN COMMISSION ON HUMAN RIGHTS COMISION INTERAMERICANA DE DERECHOS HUMANOS COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS COMMISSION INTERAMÉRICAINE DES DROITS DE L'HOMME ORGANIZACIÓN DE LOS ESTADOS AMERICANOS WASHINGTON, D.C. 2 0 0 0 6 EEUU January 26, 2012 Ref.: Case No. 12.683 Melba del Carmen Suárez Peralta Ecuador Mr. Secretary: I am pleased to address you on behalf of the Inter-American Commission on Human Rights in order to file Case No. 12.683 Melba del Carmen Suárez Peralta vs. the state of Ecuador (hereinafter “the State”, “the Ecuadorian State” or “Ecuador”) before the jurisdiction of the Honorable Inter-American Court of Human Rights, regarding the absence of guarantees and judicial protection in the criminal proceedings followed against to supposed people responsible of the medical malpractice alleged by Melba del Carmen Suárez Peralta. In July 2000, Melba del Carmen Suárez Peralta went to the private practice “Minchala” to undergo surgery for appendicitis, which provoked her severe and permanent sufferings. The criminal proceedings initiated in connection with the incident concluded without result. The lack of due diligence in conducting the process led to declare the prescription in 2005, after passed more than five years from the first court order process. In this regard, in its Merits Report 75/11, the Commission emphasized the absence of diligence by both the prosecution and the judge in charge, and considered that in the five years the necessary measures to clarify the complaint by the victim were not taken, despite repeated requests. On this matter, an effective investigation against the principal or on possible suspects in different responsibility degrees was not performed. The Commission considered that the criminal proceeding was characterized by absence of procedural impulse and of minimal guarantees of due diligence. The absence of response and delay in impelling and dealing with the process favored with impunity the process. Accordingly, the Commission considered that the State violated the right to due process of the victims. Furthermore, the Commission determined that the lack of motivation in response to the request of fine for the manager of justice for the prescription of the action due to the his lack of diligence, constituted a violation of the right to a fair trial. Pablo Saavedra Alessandri, Secretario Inter-American Court of Human Rights Apartado 6906-1000, San José, Costa Rica The Commission notes that since the surgery performed in 2000, the state of health of the victim has deteriorated. This has forced the victim to be hospitalized and operated on several occasions. At present, his health has worsened and continues to suffer severe symptoms that affect her permanently.