B.2. Disputed facts
38.
Regarding the other specific facts surrounding the death of the Díaz Loreto brothers
and their father, Octavio Ignacio Díaz Álvarez, the Court notes that the evidence and the
arguments provided reveal that there are two versions of what took place.38
39.
On the one hand, the version of several witnesses and also family members of the
alleged victims39 according to which, on January 6, 2003, after warning the neighbors to go
back into their homes, several police officers broke into the home of the Díaz Loreto family,
“pulled Robert out,” and one of them, “without any explanation, shot him twice.”40 According
to this version, after they shot him, the police prevented the members of his family from
giving Robert any type of assistance while he lay on the ground, despite his pleas for help.
The police officers allegedly told the neighbors and the family that they would take him to the
nearest health facility. However, when placing him in the patrol car, they allegedly shot him
again and then delayed taking him to the facility. In this regard, a neighbor saw the police
patrol car that was transporting Robert drive past “the street several times with its siren
blaring.”41
40.
According to these statements, Octavio Díaz and David Díaz, respectively Robert’s
father and brother, asked a neighbor to drive them in his car to look for Robert. On the way,
they were intercepted by a police detail that fired a bullet into one of the car’s tires in order
to stop them. When they got out of the car, the police allegedly shot David Octavio Díaz Loreto
and Octavio Ignacio Díaz Álvarez. The police then took them to the hospital where they were
pronounced dead on arrival.
41.
On the other hand, a second version, revealed by the police records and interviews
with CSOPEA officials,42 indicates that, on January 6, 2003, at around 6.30 p.m. a police
For example, see indictment of the Ninth Prosecutor of the Judicial Circumscription of Aragua state of June
13, 2003 (evidence file, folios 12 to 49) and Judgment of the Criminal Trial Court of the Aragua state Criminal Judicial
Circuit of September 4, 2014 (evidence file, folios 6538 to 6582).
38
Cf. Statement by M.T.C.P. before the CICPC of Cagua, in relation to the indictment of the Ninth Prosecutor
of the Judicial Circumscription of Aragua state on June 13, 2003 (evidence file, folio 19); Statement by V.A.L.P.
before the CICPC on February 28, 2003 (evidence file, folios 112 and 113); Statement by E.J.U.M. before the CICPC
of February 3, 2003 (evidence file, folio 115); Statement by M.S.Z. in relation to the indictment of the Ninth
Prosecutor of the Judicial Circumscription of Aragua state on June 13, 2003 (evidence file, folio 18); Statement by
D.N.S.J. in relation to the indictment of the Ninth Prosecutor of the Judicial Circumscription of Aragua state on June
13, 2003 (evidence file folio 19); Statement by D.J.R. in relation to the indictment of the Ninth Prosecutor of the
Judicial Circumscription of Aragua state on June 13, 2003 (evidence file, folio 20); Statement by C.R.S.D. before the
CICPC on February 3, 2003 (evidence file, folios 117 and 118); Statement by N.M., doctor, at the José María Vargas
Hospital in Cagua, before the CICPC on February 2003 (evidence file, folios 120 and 121); Statement by Bladimir
Lenin Díaz Loreto and Dinora María Díaz Loreto in relation to the indictment of the Ninth Prosecutor of the Judicial
Circumscription of Aragua state on June 13, 2003 (evidence file, folio 20); Statement by A.T.G.P. in relation to the
indictment of the Ninth Prosecutor of the Judicial Circumscription of Aragua state on June 13, 2003 (evidence file,
folio 23); Statement by Jairo Alexis Díaz Loreto in relation to the indictment of the Ninth Prosecutor of the Judicial
Circumscription of Aragua state on June 13, 2003 (evidence file, folios 24 and 25), and Statement by Enmarya
Dayana Cava Orozco before the CICPC on January 24, 2003 (evidence file, folios 123 and 124).
39
Cf. Statement by M.T.C.P. in relation to the indictment of the Ninth Prosecutor of the Judicial Circumscription
of Aragua state on June 13, 2003 (evidence file, folio 19).
40
Statement by M.T.C.P. in relation to the indictment of the Ninth Prosecutor of the Judicial Circumscription
of Aragua state on June 13, 2003 (evidence file, folio 19).
41
Cf. Police record of interview of officer S.R.R.M, CICPC, of March 14, 2003 (evidence file, folios 57 to 60);
Police record of interview of officer L.D.C, CICPC, of March 14, 2003, (evidence file, folios 209 and 210); Statement
by T.A.V, CICPC, of February 27, 2003 (evidence file, folios 66 and 67; Statement by officer S.R.R.M, CICPC, of May
28, 2003, (evidence file, folios 69 to 72); Statement by officer J.L.A.H., of May 28, 2003. Cf. Ministry of the Interior
and Justice. CICPC. Aragua Region, Cagua Branch. Statement by officer J.F.M., CICPC, of May 28, 2003, (evidence
file, folios 78 and 79); Statement by officer R.A.A., CICPC, of May 28, 2003 (evidence file, folios 81 and 82);
Statement by officer R.A.B.A., CICPC, of March 11, 2003 (evidence file, folios 84 and 85); Statement by officer
L.D.C., CICPC, of May 28, 2003 (evidence file, folios 87 to 89); Statement by officer J.L.A.H., CICPC, of March 11,
42
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