20
Joe Luis Castillo González and injuries to Yelitze Moreno de Castillo and their son Luis César Castillo Moreno,
and from whom firearms were seized. On November 2, 2004, the Office of the 83rd Public Prosecutor for
Metropolitan Caracas requested the Office of the 20th Public Prosecutor for the State of Zulia to forward
“photographic prints of […] Orlando Suárez […] so that they might be duly examined by the victim, citizen
Yelitze Moreno de Castillo [...].��101
82.
The IACHR notes that on April 21, 2005, the organization Red de Apoyo por la Justicia y la Paz
[Justice and Peace Support Network], which represented Yelitze Moreno de Castillo at the domestic level,
requested a ballistics comparison test of the projectiles removed from the body of Joe Luis Castillo Moreno
with the weapons captured from Orlando Antonio Peña Luzardo.102
83.
On August 10, 2005, the Office of the 20th Public Prosecutor for the Judicial District of the
State of Zulia forwarded to the Office of the 83rd Public Prosecutor for Metropolitan Caracas a color
photograph of Orlando Antonio Peña Luzardo, who is under investigation in case G-694.743, as well as the list
captured from the citizens killed on November 20, 2003, who are under investigation in case 24-F20-117903.103 That same day the Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia
requested the Police Chief for the Zulia Region of the CICPC, State of Zulia, to appoint ballistics experts to
conduct a forensic examination, examination of marks left by erased serial numbers in metal, and ballistics
comparisons of the firearms captured from the citizens killed in the confrontation of November 20, 2003,
with the bullets that struck Joe Luis Castillo González and were recovered by the CICPC.104 Furthermore, the
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia requested the Police Chief for
the Zulia Region of the CICPC, State of Zulia, to appoint ballistics experts to conduct a forensic examination
and ballistics comparisons of the firearms captured from Orlando Enrique Peña Luzardo with the bullets that
struck Joe Luis Castillo González and were recovered by the CICPC.105
84.
There is nothing in the record in the possession of the Commission to suggest that a
photographic examination of Orlando Antonio Peña Luzardo by Yelitze Moreno de Castillo was conducted;
that photographs while alive of the citizens who were killed in the confrontation of November 20, 2003, were
collected so that Yelitze Moreno de Castillo might carry out an examination, or that the ballistics comparison
tests were performed.
85.
On November 28, 2006, the Office of the 20th Public Prosecutor, invoking Article 315 of the
Organic Code of Criminal Procedure (COPP), 106 presented its decision to conclude and ordered the archive of
the proceedings in the investigation opened by the Machique CICPC Office against as-yet unknown persons
101
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, Official letter
DF-83-1978-2004, November 2, 2004, p. 152. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested
by the State.
102
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, Official letter
Red67/2005, April 21, 2005, p. 175. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the
State.
103
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, Official letter
ZUL-F20-1774-05, August 10, 2005, p. 204. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested
by the State.
104
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, Official letter
ZUL-F20-1776-05, August 10, 2005, p. 206. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested
by the State.
105
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, Official letter
ZUL-F20-1780-05, August 10, 2005, p. 208. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested
by the State.
106
Article 315 of the COPP: “Case Closure by the State Prosecutor. Where the outcome of an investigation is insufficient
to bring charges, the Office of the Attorney General shall order the proceedings closed, without prejudice to their reopening should
new facts come to light. The victim in the proceeding shall be notified of this measure. All provisional measures issued against the
accused in whose favor the decision to close is made shall cease. The victim may at any juncture request the reopening of the
investigation, indicating the relevant investigative procedures.”