and family members of the alleged victims. 45 In addition, autopsies were performed on the
three deceased alleged victims.46 For their part, the alleged victims’ family members took a
series of steps to clarify the facts and, also, with regard to the threats and harassment they
reported having received.47
C.1. First judicial proceedings
44.
On June 13, 2003, the Ninth Prosecutor of the Public Prosecution Service of the Judicial
Circumscription of Aragua state filed an indictment before the Fifth Supervisory Judge of the
Aragua state Criminal Circuit against seven officers of the Aragua State Security and Public
Order Force for the crime of the intentional homicide of the alleged victims.48 He asked that
measures should be ordered to deprive them of liberty, to prohibit them from leaving the
country, and to separate them from their policing functions. 49
45.
On August 6, 2003, Juana Emilia Loreto, wife of Octavio Ignacio Díaz Álvarez and
mother of Robert and David Díaz Loreto, filed a complaint before the Fifth Supervisory Court
of the Criminal Judicial Circuit of Aragua state (hereinafter “the Fifth Supervisory Court”)
against the CSOPEA officers identified by the prosecutor, and asked that a series of evidentiary
Cf. Indictment of the Ninth Prosecutor of the Judicial Circumscription of Aragua state of June 13, 2003
(evidence file, folios 9 to 59).
45
Cf. Autopsy reports Nos. 0146 and 0147 of January 8, 2003, and No. 0177 of January 9, 2003 (evidence
file, folios 6415 to 6417).
46
These consisted, above all, in complaints filed before the Ninth Prosecutor of the Public Prosecution Service
of Aragua state requesting clarification of the events that occurred on January 6, 2003, and that a series of
investigation measures be taken. They also referred to other alleged acts of persecution and harassment that were
committed subsequently against other members of the family. Specifically, the initial petition referred, among other
matters, to a complaint filed on May 2, 2003, by Alexandra Gualdrón and Enmary Dahiana Cava owing to “the
constant persecution and harassment to which they were subject” by the police force involved, and the events that
occurred on April 26, 2003, when their homes were invaded, and they were subjected to verbal aggression,
threatened with a firearm, and Miguel Ángel Díaz Loreto was unlawfully deprived of his liberty. Also, the complaints
of May 5, 2003, by Dinorah María Díaz Loreto, Bladimir Lenin, Miguel Ángel, Jairo Alexis, Alexandra Gualdrón and
Enmary Cava reporting the events of January 6, 2003, and that they had not been able to access the case file; and,
on May 16, 2003, filed by Luis Aguilera, requesting that several measures be taken, including reconstruction of the
events, taking statements from witness and experts who were aware of the case, and regarding the failure to
investigate the events that occurred on April 26, 2003. Cf. Initial petition before the Commission dated March 14,
2007 (evidence file, folios 255 to 266).
47
In this regard, the indictment describes the following accusations: (1) S.R.R.M., Chief Inspector of the Police
Station of La Segundera, Cagua, for the crime of the intentional homicide of Robert Díaz Loreto, “which is proved by
the result of the expert ballistic comparison appraisal, which concluded that the bullet provided as incriminating
evidence and which was extracted from the dead man’s corpse […] was fired by the weapon: Glock 9 mm caliber
pistol, serial number EMS616, which […] is the service firearm assigned [to the officer] and with which he acted on
the day of the events. And also the crime of complicity in the intentional homicide” of David Octavio Díaz Loreto and
Octavio Díaz Álvarez; (2) R.A.B.A., Chief Inspector assigned to the Motorized Brigade, for the crime of “immediate
collaborator in the intentional homicide” of Robert Ignacio Díaz Loreto, and the crime of “complicity in the intentional
homicide” of David Octavio Díaz Loreto and Octavio Díaz Álvarez; (3) L.D.C., Second Corporal of the Cagua Police
Station, for the crime of “immediate collaboration in the intentional homicide” of Robert Ignacio Díaz Loreto, and the
crime of “complicity in intentional homicide” of David Octavio Díaz Loreto and Octavio Díaz Álvarez; (4) J.F.M.A., first
class corporal of the Security and Public Order Force detailed to the Cagua Police Station, for the crime of “immediate
collaboration in the intentional homicide” of Robert Ignacio Díaz Loreto, and the crime of “complicity in the intentional
homicide” of David Octavio Díaz Loreto and Octavio Díaz Álvarez; (5) J.L.A.H., First Corporal assigned to the Cagua
Motorized Brigade, for the crime of “immediate collaboration in the intentional homicide” of Robert Ignacio Díaz
Loreto, and the crime of “complicity in the intentional homicide” of David Octavio Díaz Loreto and Octavio Díaz
Álvarez; (6) E.G.T.U., First Corporal, for the crime of “immediate collaboration in the intentional homicide” of Robert
Ignacio Díaz Loreto, and the crime of “complicity in the intentional homicide” of David Octavio Díaz Loreto and Octavio
Díaz Álvarez; and (7) J.R.F.M., Deputy Inspector assigned to the La Segundera Police Station, for the crime of
“immediate collaboration in the intentional homicide” of Robert Ignacio Díaz Loreto, and the crime of “complicity in
the intentional homicide” of David Octavio Díaz Loreto and Octavio Díaz Álvarez. Cf. Indictment of the Ninth
Prosecutor of the Judicial Circumscription of Aragua state of June 13, 2003 (evidence file, folios 9 to 59).
48
Cf. Indictment of the Ninth Prosecutor of the Judicial Circumscription of Aragua state of June 13, 2003
(evidence file, folio 49).
49
-15-