aged 20, was very frightened and that when they had parked he got out of the
truck and started running, whereupon, for no reason whatsoever, Lt. Col.
(Infantry) Luis Raúl Morales Rodríguez fired 11 shots at him, one of which hit him
in the left femoral artery.2 They claim that Vidal Trueba and Jorge Jiménez
attempted to assist Mirey Trueba, but the soldiers did not permit them to do so
and one of them struck Jiménez in the face and ribs with a rifle, threatened their
lives, and accused them of being drug dealers.
16.
The petitioners claim that Mirey was losing blood, and so Vidal
Trueba asked the soldiers to allow him to go seek medical assistance at the local
clinic. After they gave him permission to do so they agreed that the soldiers would
then take him to the medical facility. They state that according to the statements
of the doctor on duty, Efren Royval, Capt. Raúl Ruiz Gómez asked him to go to the
scene of the incident to provide assistance to Mirey Trueba. The doctor reportedly
asked that the wounded man be brought to the unit due to the large number of
patients that he had. After waiting for 30 minutes, Jorge Jimenez, Vidal Trueba,
Capt. Raúl Ruiz, and four other soldiers arrived without the wounded man, saying
that he would arrive shortly. They say that after 40 or 50 minutes, upon noting
his failure to arrive, the local clinic doctor and Capt. Raúl Ruiz Gómez went to find
and assist him at the scene of the incident. However, the military vehicles that
surrounded the site denied them access, by which time the body of Mirey Trueba
had been abandoned for almost three hours without proper attention. The
petitioners draw attention to the fact that when the ambulance arrived, Capt. (1st
Class) Job Edilberto García Espinosa lifted up Mirey Trueba and found him
unarmed. Based on the foregoing, the petitioners claim that Mirey Trueba bled to
death for want of immediate medical assistance after he was wounded, in which
condition he remained for more than three hours.
17.
In the wake of Mirey Trueba’s death, his father Tomás Trueba Loera
filed a complaint with the deputy agent of the Public Prosecution Service in
Baborigame that same day. The petitioners state that on August 22, 1998, the
Military Prosecution Service began preliminary investigation 5ZM/4998 and, by
means of a resolution of August 24, 1998, filed criminal charges against infantry
Lt. Col. Luis Raúl Morales Rodríguez.3
18.
The petitioners claim that the State did not conduct an effective and
thorough investigation even though the authorities were aware of the facts based
on the complaints received. The foregoing is based on the fact that, to date, only
one person has been prosecuted and punished for the killing of Mirey Trueba, in
spite of the fact that other agents were present, who struck his companions when
2 Original complaint of July 31, 2001, received by the Executive Secretariat on August 2, 2007.
3 Original complaint of July 31, 2001, received by the Executive Secretariat on August 2, 2007.
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