operation was conducted in response to a report of an armed robbery in sector 01 of La Segundera, Cagua. On arriving at the scene of the incident – and the person who had reported the robbery having identified the presumed authors of the offense – the police officers had proceeded to order those present not to move. In response the presumed offenders had fired on the officers and their vehicle; consequently, the latter were faced with the “absolute necessity of repelling this action and an exchange of gunfire ensued.” As a result, “two of the men were able to escape by nearby streets,” while “one of them fell to the ground seriously wounded”;43 it had therefore been necessary to take him to the nearest health clinic. 42. According to this version, the operation had continued in order to capture the other two alleged authors of the offense who had confronted the police detail and who had escaped in a car. The statements indicated that one of them fired his gun at the police detail through the car window, until the police were able to hit the car’s back tire. The driver of the car then got out, while the two passengers again offered armed resistance, firing at the police officers and their vehicles; they were both severely wounded and then taken to the hospital. Also, according to this version, following this incident, three firearms were found near where the events took place and, as stated by one of the officers, these allegedly corresponded to those used in the confrontation. C. Investigations and judicial proceedings conducted into the death of the Díaz Loreto brothers and their father, Octavio Ignacio Díaz Álvarez 43. During the investigation into the facts of the case, a series of evidentiary procedures were ordered,44 and statements were taken from several police officers, neighbors, witnesses 2003 (evidence file, folios 91 and 92); Statement by officer J.R.M.F., CICPC, of March 11, 2003 (evidence file, folios 94 and 95); Statement by officer J.M.A., CICPC, of May 28, 2003 (evidence file, folios 97 and 98); Statement by officer E.T.U., CICPC, of May 28, 2003 (evidence file, folios 100 and 101); Statement by officer E.G.T.U, CICPC, of March 14, 2003 (evidence file, folios 103 and 104); Statement by officer G.J.C., Police chief and Head of Central Aragua Region, CICPC, of June 6, 2003 (evidence file, folios 106 and 107), and Statement by officer F.J.P.L., Corporal attached to Police Chief R.U. of the Aragua State Security and Public Order Corps, CICPC, of June 6, 2003 (evidence file, folios 109 and 110). 43 Police record of interview of officer S.R.R.M, CICPC, of March 14, 2003, (evidence file, folios 57 to 60). These were: (i) forensic identification, recovery of serial numbers and ballistic comparison of three firearms, two bullets, thirteen shotgun shells, one spent shotgun cartridge, and one unused shotgun cartridge. Cf. CICPC. Forensic Laboratory, Aragua Region, of February 15, 2003 (evidence file folios 129 to 132); (ii) planimetric mapping of the Cagua-La Segundera highway, Cagua, Aragua state. Cf. Memorandum CICPC. Forensic Laboratory, of February 26, 2003 (evidence file, folio 135); Memorandum CICPC, Forensic Laboratory, of February 26, 2003 (evidence file, folios 137 and 138); (iii) expert appraisal of the bullet flight path at the scene of the incident identified as “La Segundera, public street.” Cf. Report on the bullet trajectory, CICPC, of February 4, 2003 (evidence file, folios 140 to 143); (iv) On January 14, 2003, forensic identification and ballistic comparison of four bullets was requested. Cf. Ballistics appraisal, CICPC. Forensic Laboratory of February 22, 2003 (evidence file, folios 147 and 148); (v) On February 20, 2003, the CICPC requested an expert appraisal for the forensic identification, mechanics and design, and recovery of serial numbers of seven firearms and three magazines related to the investigation. Cf. CICPC expert appraisal, Toxicology and Forensic Laboratory, of February 27, 2003 (evidence file, folios 151 to 156); (vi) On the following February 25, the planimetric mapping of white vehicles belonging to the Aragua state police was requested and of any bullet flight paths. Cf. CICPC, February 26, 2003 (evidence file, folio 158), and CICPC, Forensic Laboratory, February 25, 2003 (evidence file, folios 160 to 164); (vii) A technical inspection was conducted of Sector 1, street 40, Rafael Urdaneta residential area. Cf. Indictment of the Ninth Prosecutor of the Judicial Circumscription of Aragua state of June 13, 2003 (evidence file, folio 17); (viii) Also, another technical inspection was conducted “on the highway between Cagua and Rafael Urdaneta residential area, Cagua, Aragua state.” Cf. Indictment of the Ninth Prosecutor of the Judicial Circumscription of Aragua state of June 13, 2003 (evidence file, folio 17). The purpose of these procedures was: (i) to determine the firearm that shot the bullet extracted from Robert Ignacio Díaz Loreto’s corpse; (ii) to determine to which officer who had taken part in the operation the firearm belonged, and (iii) to summon and interview a doctor from the Cagua Medical Center, two officers of the Aragua Police and the sister of the person who had reported the respective robbery. Cf. Investigation record, CICPC of June 3, 2003 (evidence file, folios 166 and 167). 44 -14-

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