references suggest that this was a common practice in Venezuela's prisons in general. 110 This view was contradicted by the young inmates interviewed, who maintained that, although the possession of cigarettes and matches in the cells was common, there were not and had never been fires during their time in the INAM.111 54. The Public Ministry requested the exhumation of the alleged victims in December 2005. 112 It made this request based on statements indicating that a man working at the mortuary where they were taken "said that the boys smelt of paint thinner [...] that’s what burned them," and Rafael Parra’s mother "said that what happened was an execution arranged between the teachers, and the warden." 113 The new autopsies did not reveal additional findings on the alleged victims’ cause of death. 114 The Commission observes that the exhumation certificate of José Gregorio Mota indicated that the corpse was already in an advanced state of decomposition. 115 Regarding the allegations that the victims smelled of paint thinner and that Mota had suffered a chest wound before his death,116 the authorities interviewed the individuals present at the autopsies, who maintained that the bodies smelled only of "charred meat",117 and that Mota's body "showed no other injuries of violence."118 55. Complaints were made about alleged irregularities in the investigation of these events, including unjustifiable delays in collecting evidence. In this sense, for example, the report of the Fire Department on the events was released in May 2007, with "apologies for the delay in the delivery of the request, hoping not to have delayed proceedings."119 Likewise, the delay in carrying out a reconstruction of the events made it impossible to carry it out effectively, since the facilities of INAM-San Félix were completely altered in the year after the events.120 5.2 Judicial Proceedings 56. José Luis Chirinos, Francisco Gómez and Nerio Romero were informed that they had been indicted in the case in April 2006121 and a public defender appointed for them. 122 Media reports stated that they had been indicted for culpable homicide under Article 455 of the Organic Code of Criminal Procedure. 123 The indictment of the alleged perpetrators, issued in September 2008, indicated that that afternoon: there was an attempted riot between the adolescent inmates of cell number two (02) and the young adults of cell number four (04), which was brought under control, by [the accused], as a result of this attempt, and as a defense mechanism [the victims] set light to several mattresses near the access door to cell [number 04], trying thereby to prevent the teenagers from cell number 02 from entering cell number four; on observing that the flames were out of control, the young adults shouted for help and assistance, this call being heard from the outside of the premises, by the relatives of the detainees who just before had been at the corresponding visit, See, for example, Annex 37. Correo del Caroní, “Prosecutor indicts former Warden of INAM for intentional homicide” (9.5.2006). Annex to the original petition (indicating that Humberto Prado [petitioner in the present case], “added that this same situation has occurred in many detention centers in Venezuela where the inmates die from being burnt”. The petitioner has not referred to the alleged existence of this practice in its briefs in the present case); Annex 72. National Assembly (Press Communiqué), “Investigation in the deaths of 5 youths burnt in the INAM detention center.” (27.7.2005). Annex U1 to the original petition (“the fact of burning another human being has become a recurring practice”). 111 Annex 55. Interview by Jhorwis Machado (12.8.2005). Annex 39 to the additional brief; see also Annexes 20, 49, 50. 112 Annex 58. Exhumation Request (5.12.2005). Annex 55 to the additional brief. 113 Annex 58. Exhumation Request (5.12.2005). Annex 55 to the additional brief. 114 Annex 59. Post Exhumation Examination Report (25.1.2006). Annex 56 to the additional brief. Results of the exhumation and autopsy of Rafael Parra unavailable. 115 See Annex 7. Order for Exhumation (25.1.2006). Annex Q5 to the original petition. 116 See supra para. 7; accord., Annex 42. Interview of Osmely Mota (8.7.2005). Annex 25 to the additional brief. 117 Annex 60. Statement of Orlando Rondón (31.8.2005). Annex 53 to the additional brief; Annex 61. Statement of Alexander López (31.8.2005). Annex 54 to the additional brief. 118 Annex 62. Statement of Marlene López (18.10.2005). Annex 52 to the additional brief; see also Annex 20. 119 Annex 63. Letter of Héctor Morillo, Chief Fire Fighter, to Francisco Ávila, Prosecutor (31.5.2007). Annex I2 to the original petition. 120 Annex 64. Report on Reconstruction of Events. Annex 63 to the additional brief. 121 Annex 65. Proof of Service on José Luis Chirinos, Francisco Gómez and Nerio Romero (6.4.2006).Annexes M1-M3 to the original petition. 122 Annex 66. Appointment of Public Defender for the three accused, (28.4.2006). Annex M4 to the original petition. 123 Annex 37. Correo del Caroní, “Fiscalía imputa por homicidio intencional a ex director of the INAM” (9.5.2006). See also Annex 67. Nueva Prensa, “Imputan a ex director and maestros por muerte de 5 jóvenes en el INAM”, (9.5.2006). Annexes to the original petition. 110