16 68. On August 28, 2003, the Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia ordered an investigation opened for the crimes of intentional aggravated homicide 72 of Joe Luis Castillo González and thwarted intentional aggravated homicide73 of Yelitze Castillo de Moreno and Luis César Castillo Moreno.74 69. The Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia was in charge of the investigation and responsible for conducting the inquiries that it deemed pertinent to clarify the facts and responsibilities. Furthermore, on August 29, 2003, the Common Crimes Department of the Office of the Prosecutor General of the Republic ordered the Office of the 20th State Prosecutor, either jointly with or separately from the Office of the 11th State Prosecutor with full nationwide jurisdiction to take part in the inquiry into the murder of Joe Luis Castillo González.75 That order was vacated on October 7, 2003, after the Office of the Prosecutor General assigned follow-up of the case to the Human Rights Protection Department.76 Furthermore, on September 8, 2003, the Office of the Prosecutor General instructed the Office of the 83rd Public Prosecutor for the Judicial District of Metropolitan Caracas 77 to assist in these investigations.78 70. On August 29, 2003, and interview was held with Yerson José Rodríguez López, who witnessed the incident.79 On August 29, 2003, a forensic examination was performed on Yelitze Moreno de Castillo and the child Luis César Castillo Moreno.80 72 Article 407 of the Criminal Code of the Bolivarian Republic of Venezuela: “Anyone who intentionally kills another person shall be punished with 12 to 18 years of imprisonment.” Article 408(1) of the Criminal Code of the Bolivarian Republic of Venezuela: “The following penalties shall be applied in the below-listed cases: 1. 15 to 25 years of imprisonment for anyone who, with malice aforethought or for trifling or ignoble reasons, or in the course of perpetrating any of the offenses provided in Articles 453, 454, 455, 457, 460, and 462 of this Code, commits homicide by means of poison, fire, drowning or any other of the offenses provided in Title VII of this book.” 73 Article 407 of the Criminal Code of the Bolivarian Republic of Venezuela: “Anyone who intentionally kills another person shall be punished with 12 to 18 years of imprisonment.” Article 408(1) of the Criminal Code of the Bolivarian Republic of Venezuela: “The following penalties shall be applied in the below-listed cases: 1. 15 to 25 years of imprisonment for anyone who, with malice aforethought or for trifling or ignoble reasons, or in the course of perpetrating any of the offenses provided in Articles 453, 454, 455, 457, 460, and 462 of this Code, commits homicide by means of poison, fire, drowning or any other of the offenses provided in Title VII of this book.” Article 80 of the Criminal Code of the Bolivarian Republic of Venezuela: “In addition to a consummated offense and omission, also punishable are the attempted commission and thwarted commission of a crime. Attempted commission exists when with the purpose of committing a crime someone has initiated its execution by the appropriate methods but, for reasons beyond their control, has not done everything necessary to consummate it.” Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, order to open the investigation, August 28, 2003, p. 22. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the State. 74 Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, order to open the investigation, August 28, 2003, p. 22. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the State. 75 Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, Official letter DDC-R-38816, August 29, 2003, p. 57. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the State. 76 Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, Official letter DDC-R-47140, October 7, 2003, p. 138. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the State. 77 The IACHR did not have access to a copy of the record of the case processed by Office of the 83rd Public Prosecutor for the Judicial District of Metropolitan Caracas, despite having requested said record from both parties (from the State on December 26, 2007, and from the petitioners on September 18, 2008). The IACHR knows for a fact that the petitioners requested copies of the records of the investigation in the domestic jurisdiction on August 24, 2005 and September 25, 2008, and that, to date, these have not been released. 78 Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, Office of the 83rd Public Prosecutor for the Judicial District of Metropolitan Caracas, interview with Yelitze Lisbeth Moreno Cova, September 10, 2003, pp. 101-106. The record of the interview indicates that the order was given to the Office of the 83rd Public Prosecutor by official letter DPDF-7-F-4446-03-6687-03-40479 of September 8, 2003. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the State. 79 Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, record of interview with Yerson José Rodríguez López, August 29, 2003, pp. 34 and 35. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the State. 80 Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, police report, August 29, 2003, p. 38. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the State.