11
supervening facts,16 in accordance with Article 44(3) of the Rules of Procedure.
Regarding the documents submitted by expert witness Ernesto Albán-Gómez at the
public hearing,17 the Court admits them into the body of evidence pursuant to Article
45 of the Rules of Procedure, since they are useful to this case.
31.
On the other hand, the Court adds to the body of evidence the documents
that were requested by the Court and submitted by the State, representatives and
Commission,18 as they are useful to the resolution of this case in line with Article
45(2) of the Rules of Procedure.
32.
The Court observes that the State only sent a part of the documentation and
information requested as evidence to facilitate adjudication of the case. In this
regard, the Court observes that the parties, and in this case, the State should
present the evidence and give all the supporting evidence requested, so that the
Court can have the most amount of facts with which to form a judgment.
33.
Regarding the affidavit by Bismarck Albán-Sánchez (supra para. 27(a)), the
Court deems that such deposition can contribute in determining the facts of and
reparations in the instant case, for which reason it admits it, to the extent that it
conforms to the purpose defined in the order of the President of March 15, 2007
(supra para. 8). Furthermore, the Court points out that, because of his status as an
alleged victim who holds a direct interest in the outcome of this case, his testimony
cannot be assessed by itself but only along with the rest of the body of evidence,
applying thereto the rules of competent analysis. The statements of victims or their
No. 010-97-AP, corresponding to folios 2102 to the 2161 of the file that consists in this Court. On the
other hand the State sent the following: the communication of August 21, 2007 filed by the State in which
the Metropolitan Hospital (CONCLINA C.A.) informed about the set of rules that regulate the custody and
administration of the clinical history and the contractual and labor relations of the professionals of the
health; the document named “Unique file for Clinical History, handling of the medical registry oriented by
problems, guides for the analysis, redesign of the basic forms” (Expediente único para la Historia Clínica,
manejo del registro médico orientado por problemas, guía para el análisis, rediseño de los formularios
básicos) from the National Health Council, Ministry of Public Health; the so-called Macro-process of
Planning (Macroproceso de Planificación).
16
The order of October 16, 2007 of the Fifth Criminal Court, the motion of appeal filed by the
parents of Laura Albán on October 25, 2007, and the official letter of the Fifth Criminal Court of October
29, 2007.
17
Namely: the decision of the Sixth Criminal Chamber of the Supreme Court of Justice, of
September 7, 1999, on the appeal for review filed in case No. 327-96-EP (file on merits, reparations, and
costs, Volume III, p. 305 to 306); and the decision of the Second Criminal Chamber of the Supreme Court
of Justice, of March 5, 2001, on the appeal for review filed in case No. 42-2001 (file on merits,
reparations, and costs, Volume III, p. 307 to 308).
18
List of documents: Law on the Rights and Protections of the Patient (Ley de Derechos y Amparo
del Paciente), Law no. 77 of February 3, 1995; Organic Law of Health (Ley Orgánica de Salud), Law no. 67
of December 22, 2006; Health Code (1971), which was revoked by Law no. 67 of December 22, 2006;
Organic Law of National Health System (Ley Orgánica del Sistema Nacional de Salud), Law no. 80 of
September 25, 2002; Regulation of the Organic Law of the National Health System (Reglamento de la Ley
Orgánica del Sistema Nacional de Salud), Executive Decree no. 3611 of January 28, 2003; Law of the
Ecuadorian Medical Federation (Ley de la Federación Médica Ecuatoriana). Supreme Decree no. 3576-A of
July 17, 1979; Regulation to the Law of the Ecuadorian Medical Federation (Reglamento a la Ley de
Federación Médica Ecuatoriana), Ministerial Agreement no. 1460 of February 26, 1980; Medical Ethics
Code (Código de Ética Médica), Ministerial Agreement no. 14660-A of August 17, 1992; Regulation of
Contests for the Filling of Medical Positions at National Level (Reglamento de Concursos para la Provisión
de Cargos Médicos a Nivel Nacional), Executive Decree no. 1082 of November 20, 1989; and the receipts
evidencing the disbursements the victims would have effected for costs and expenses.