15
acquisition of language and increased capacity for expression through drawing and imagination, he has begun
to ask questions about the incident and his father. 60
5.
The investigation of the murder of Joe Luis Castillo González and the injuries caused to
Yelitze Moreno de Castillo and Luis César Castillo Moreno
66.
On August 27, 2003, the Chief of Machiques CICPC Office informed the Office of the 20th
Public Prosecutor for the Judicial District of the State of Zulia that, under Article 284 of the Organic Code of
Criminal Procedure (COPP),61 that he had opened a criminal proceeding ex officio for a crime against persons
to the detriment of Joe Luis Castillo González, Yelitze Moreno de Castillo, and Luis César Castillo Moreno.62
67.
On August 27, 2003, CICPC officers began initial investigation procedures, such as, two
inspections of the scene of the crimes where eight 9 mm cartridges were found, 63 an inspection of the corpse
of Joe Luis Castillo González,64 the removal of the corpse,65 and an interview of Bárbara Paternina Montoya,
who said that she heard five shots fired. 66 On August 28, 2003, CICPC officers interviewed Rafael José Velazco
Acosta67 and Juan Carlos Morales.68 Furthermore, Machiques CICPC Office requested the Zulia Office to
instruct expert officials attached to the Criminalistics Unit to carry out a hematology test and scan on the
vehicle in which Joe Luis Castillo González and his family were traveling.69 This was carried out the same day,
as were planimetry and ballistics trajectory calculations at the scene of the attack.70 The CICPC also
requested the chief of that office’s Auto Unit to carry out an expert inspection and appraisal and of Joe Luis
Castillo González’ vehicle.71
60
Psychological and Social Assistance Unit, COFAVIC, Psychological Report, June 18, 2007. Annex 1 of the petitioners’
brief on merits received at the IACHR on July 13, 2007. Not contested by the State.
61
Article 284 of the COPP: “Police investigation. If notice is received by the police authorities they shall inform the Office
of the Attorney General within 12 hours and shall only carry out such procedures as are necessary and urgent. Necessary and
urgent procedures are those designed to identify and locate the principals and other parties to the offense as well as to secure the
objects connected with its perpetration.
62
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, Official letter
9700-218 from Machiques CICPC Office, August 27, 2003, p. 1. Annex to the petitioners’ brief received at the IACHR on June 3,
2008. Not contested by the State.
63
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, inspection
0243, pp. 3, 7, and 8. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the State.
64
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, inspection
0244, p. 4. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the State.
65
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, record of
removal of corpse, p. 5. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the State.
66
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, record of
interview with Bárbara Paternina Montoya, August 27, 2003, pp. 10 and 11. Annex to the petitioners’ brief received at the IACHR on
June 3, 2008. Not contested by the State.
67
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, record of
interview with Rafael José Velazco Acosta, August 28, 2003, p. 12 and record of interview with Juan Carlos Morales, p. 19.
Annexes to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the State.
68
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, record of
interview with Juan Carlos Morales, August 28, 2003, pp. 10 and 11. Annex to the petitioners’ brief received at the IACHR on June
3, 2008. Not contested by the State.
69
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, memorandum
of August 28, 2003, p. 13. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the State.
70
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, memorandum
of August 28, 2003, p. 14. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the State.
71
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, memorandum
of August 28, 2003, p. 15. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the State.