27 and the little girl.159 agreement.”160 The judicial authorities convened a conciliation meeting without reaching “any 130. On July 12, 2005, the Sixth Civil Court of Cuenca ruled that the suit filed by TGGL’s mother was groundless. The Sixth Court relied on Articles 117 and 118 of the Civil Procedural Code providing that each party must prove the facts they allege.161 Relying on the outcome of the criminal trial, it invoked Article 2241 of the substantive Civil Code which provides: “whoever has committed an offense or quasi-offense causing damage to another shall be obliged to provide reparations: without prejudice to the sentence imposed by law for the offense or the quasi-offense.” 162 Based on this provision, the Sixth Court indicated that in order to rule on the obligation to pay compensation it must be established whether the person committed the offense, and therefore there ought to be a trial and an enforceable criminal sentence. Given the dismissals ordered in the criminal proceedings, the Sixth Court rejected the civil suit.163 131. TGGL’s mother filed an appeal against the Sixth Court’s decision, and therefore the case was officially referred to the Superior Court of Justice of Cuenca on July 22, 2005.164 On September 2, 2005, TGGL’s mother provided further grounds for her appeal. In support of her appeal, she indicated that it referred to all the elements of the judgment, including the reasoning and the findings. She added that the compensation claim was independent from the criminal trial because it seeks compensation for a tortious act even without a criminal sentence. She relied on Article 14 of the Children and Young Persons Code on the interpretation of the superior interest of the child and emphasized the discrimination of TGGL in several areas of her life.165 132. On September 12, 2005, one of the defendants filed a brief disputing the claim that the civil action was independent from the criminal proceedings, on the basis of Articles 31 and 41 of the Code of Criminal Procedure. Additionally, it was argued that it had not been proven in the criminal proceedings that the infection was due to the blood transfusion received at the Red Cross, and that this allegation had affected the institution’s prestige.166 On November 23, 2005, TGGL’s mother requested that a decision on the appeal be issued.167 133. On May 18, 2006, the First Chamber of the Superior Court of Justice of Cuenca annulled “all steps taken as from the acceptance of the suit”, and referred the case file to the original court. This decision was based on Article 41 of the Code of Criminal Procedure which provides that “there shall be no claim for civil compensation deriving from a criminal offense whilst there is no enforceable criminal sentence.” The 159 Annex 1. Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Decision of the First Chamber of the Superior Court of Justice of Cuenca of May 18, 2006. Folios 17 – 20. 160 Annex 1. Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Decision of July 12, 2005 of the Sixth Civil Court of Cuenca. Folios 6-9. 161 Annex 1. Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Decision of July 12, 2005 of the Sixth Civil Court of Cuenca. Folios 6-9. 162 Annex 1. Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Decision of July 12, 2005 of the Sixth Civil Court of Cuenca. Folios 6-9. 163 Annex 1. Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Decision of July 12, 2005 of the Sixth Civil Court of Cuenca. Folios 6-9. 164 Folio 10. Annex 1. Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Request of July 22, 2005. 165 Annex 1. Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Further grounds for appeal, September 2, 2005. Folio 13. 166 Annex 1. Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Brief of Dr. Claudio Arias of September 19, 2005. Folio 14. 167 Annex 1. Court File. Civil Action No. 323 05. Superior Court of Justice of Cuenca. First Chamber. Request to issue judgment of November 23, 2005. Folio 16.