Castillo Momtufar, who ordered that he be taken immediately to the hospital 15 after diagnosing a complicated fever, septic shock, and bilateral bronchopneumonia. 16 3. Second admission of Mr. Vinicio Antonio Poblete Vilches to the Sótero del Río Hospital 40. That same February 5, 2001,17 Mr. Vinicio Antonio Poblete Vilches was again taken to the Sótero del Río Hospital, where he was admitted to the Emergency Service. According to the family’s statements, once there Dr. Luis Carvajal Freire informed them that their father had a “simple bronchopneumonia.”18 41. According to the family’s statements, Mr. Vinicio Antonio Poblete Vilches remained in the Surgical Intensive Care Unit, where a doctor informed his son that he needed a mechanical ventilator and while that facility did not have one, there was one available in the Medical Intensive Care Unit. 42. When Vinicio Poblete Tapia asked one of the doctors about the artificial respirator, he was told that “they would gain nothing by connecting him to one, since he was only going to last another week.”19 The family claim they called to different tv channels and that a journalist informed to them that they got the respirator and informed that to a doctor, but they are unaware what happened with it.20 43. The key aspects of the family’s narrative of what happened during the second admission are consistent with the legible sections of the medical case file in the IACHR’s possession. 44. Thus, under February 6, 2001, it indicates the following: Released 3 days ago from the medical (illegible), after being in medical (illegible) for APE and cellulitis of left leg. Presented pericardial and pleural effusion drained by video (illegible). Also presented progressive compromised general conditions with coughing, expectoration, and irregular consciousness. Patient received in very serious (illegible) acute respiratory failure. (…) 15 Annex 10. Statement given to the First Civil Court by Sandra Zoraida Castillo Momtufar on December 3, 2003 (annex to the State’s submission of September 23, 2008); Annex 11. Prescription issued by Sandra Castillo Momtufar on April 2, 2001 (annex to the State’s submission of September 23, 2008); and Annex 4. Statement given to the First Criminal Court by Vinicio Marco Antonio Poblete Tapia on April 6, 2006 (annex to the State’s submission of September 23, 2008). 16 Annex 6. Criminal complaint lodged with the First Civil Court by Blanca Margarita Tapia Encina and Cesia Poblete Tapia on November 12, 2001 (annex to the State’s submission of September 23, 2008), and Annex 7. Complaint filed with the First Civil Court by Vinicio Marco Antonio Poblete Tapia on October 7, 2005 (annex to the State’s submission of September 23, 2008). 17 Throughout the file there are inconsistent references as to whether the second admission occurred on February 3 or February 5. From a comprehensive analysis of the available information, the IACHR concludes that it occurred on February 5, 2001. 18 Annex 4. Statement given to the First Criminal Court by Vinicio Marco Antonio Poblete Tapia on April 6, 2006 (annex to the State’s submission of September 23, 2008) and Annex 3. Statement given to the First Civil Court by Cesia Leyla Tapia Poblete Tapia on September 14, 2006 (annex to the State’s submission of September 23, 2008). 19 Annex 4. Statement given to the First Criminal Court by Vinicio Marco Antonio Poblete Tapia on April 6, 2006 (annex to the State’s submission of September 23, 2008). 20 Annex 4. Statement given to the First Criminal Court by Vinicio Marco Antonio Poblete Tapia on April 6, 2006 (annex to the State’s submission of September 23, 2008). 7

Seleccionar párrafo de destino3