Human Rights Committee expressed its grave concern at “the many reports of extrajudicial
executions and the failure of the State party to react to them.”33
B. The deaths of Octavio Ignacio Díaz Álvarez and the brothers, David Octavio
and Robert Ignacio Díaz Loreto, on January 6, 2003
34.
According to the evidence provided by the parties and by the Commission, the Court
has verified that Robert Ignacio Díaz Loreto, David Octavio Díaz Loreto and Octavio Ignacio
Díaz Álvarez died on January 6, 2003, in La Segundera, Cagua, Aragua state. However, there
are two contradictory versions of the circumstances in which the events took place.
B.1. Facts that are not disputed
35.
David Octavio Díaz Loreto, 23 years of age, and Robert Ignacio Díaz Loreto, 22 years
of age, were sons of Octavio Ignacio Díaz Álvarez, aged 53 years at the time of the facts, and
Juana Emilia Loreto Pérez. The family resided in sector 01, street 40, No. 05, La Segundera
residential area, Cagua, Aragua state.
36.
On the afternoon of January 6, 2003, officers of the Aragua State Security and Public
Order Force (CSOPEA) went to La Segundera, Cagua, Aragua state. Thereafter, a series of
events occurred as a result of which Robert Ignacio Díaz Loreto was shot by those officers.
He was subsequently transferred to the Corinsa Social Security clinic in Cagua. Later, following
events that are disputed by the parties, David Octavio Díaz Loreto and Octavio Ignacio Díaz
Álvarez were shot by the police officers. They were then taken to the José María Vargas
Hospital in Cagua. The three alleged victims were left in the respective health centers by
police officers and died on the day of these incidents.34
37.
The autopsy report for Robert Ignacio Díaz Loreto indicated that he had: “[…] finely
granulated black inorganic material in ocular conjunctiva, oral mucosa, respiratory tract, lungs
and digestive system, without signs of asphyxiation, and three single-bullet wounds, with the
mortal wound penetrating the thorax and perforating the heart from side to side, producing
massive hemothorax. Cause of death: cardiac wound from a single bullet.”35 The autopsy
report for David Octavio Díaz Loreto indicted that he had: “[…] three single-bullet wounds,
penetrating the thorax, two of them caused severe cardiac injury with passive hemothorax
leading to death. Cause of death: massive hemopneumothorax from single bullet wound.”36
Lastly, the autopsy report for Octavio Ignacio Díaz Álvarez indicated that he had: “[…] a bullet
wound penetrating the thorax causing cardiac injury which led to death from hypovolemic
shock. Cause of death: hypovolemic shock due to bullet wound.”37
E/CN.4/2003/3/Add.1 of February 12, 2003, and E/CN.4/2004/7/Add.1 of March 24, 2004. In addition, United
Nations, Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions to the United Nations
General Assembly, A/55/288 of August 11, 2000, and Concluding observations of the Human Rights Committee:
Venezuela, CCPR/C0/71/VEN, April 26, 2001, para. 7.
United Nations, Human Rights Committee, Consideration of reports submitted by States Parties under Article
40 of the Covenant, April 26, 2001, CCPR/CO/71/VEN, para. 7.
33
Cf. Indictment by the Ninth Prosecutor of the Judicial Circumscription of Aragua state of June 13, 2003
(evidence file, folios 11 and 12).
34
35
Autopsy report No. 0147 of January 8, 2003 (evidence file, folio 6416).
36
Autopsy report No. 0177 of January 9, 2003 (evidence file, folio 6417).
37
Autopsy report No. 0146 of January 8, 2003 (evidence file, folio 6415).
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