General.41Additionally, on March 31, 1998, the petitioners requested the Inspector General of the National
Armed Forces to order an investigation into the incidents to be opened.
55.
On April 1, 1998, the petitioners submitted to the authorities the slip of paper found in Johan
Alexis Ortiz’s clothes and stated that their son had mentioned to them that “he and another five students were
looking into the death of a student, which occurred the year before.” They reported that they had received an
anonymous phone call in which they were told that the death of their son “was linked to the death of that
student” and they requested that said information be taken into account within the investigation.42
56.
On April 3, 1998, the Human Rights Directorate of the Office of the Attorney General of the
Republic reported to the parents that, in response to their complaint of March 10, the Ministry of Defense had
been contacted to order an inquiry into the charges.43
57.
On April 6, 1998, the petitioners appeared in the Military Court and were informed by said
authority and the Prosecuting Attorney thatthe case had been a “regrettable accident.”44 On this occasion,
they made an oral request forthe body be exhumed. However, they were informed that it was not
recommendable since the body had already transitioned to the liquefaction phase and it would not longer be
possible to determine the trajectory of the projectiles. Additionally, they conveyed to the Judge and the
Military Prosecutor the information about the alleged affair of their son with the wife of a military officer, to
which, according to Mr. Ortiz’s report, he asked them “not to mention it to anyone.”45
58.
On April 29, 1998, the petitioners requested the Minister of Defense to appoint an
investigating magistrate and a special military prosecutor in the case, to remove the Military Prosecutor
heading the case because he is an officer of the National Guard, and that, in any case, the matter should be
investigated and heard in “another body and jurisdiction.”In this regard, they reported irregularities in the
investigation being conductedby the Military Court of Guasdualito, specifically that, “only 22 days after filing
the complaint,” the Court issued a ruling “without having the key and basic evidence to elucidate the case.”46
59.
Based on available information, in May 1998, the body was exhumed. In the IACHR case file,
there is no certificate of exhumation but only the petitioners’ communications, photographs and press articles
[… continuation]
Communication of March 15, 1999, addressed to the Sector Director General of Military Justice, Brigadier General Nerio Francisco
Cáceres Hernández, signed by Zaida Hernández and Edgar Ortiz. Annex to petitioners’ submission of June 16, 2000.
41Annex 29. Communication of March 27, 1998, addressed to Iván Darío Badell, Attorney General of the Nation, signed by
Edgar Ortiz and Zaida Hernández. Annex to petitioners’ submission of June 16, 2000.
42Annex 30. Communication of April 1, 1998, addressed to Lieutenant Coronel Gustavo Adolfo Henriquez, Military Judge of
Guasdualito, signed by Edgar Ortiz and Zaida Hernández. Annex to petitioners’ submission of June 16, 2000.
43Annex 31. Official Letter No. DDH-2-J-114/98/11432 of April 3, 1998 from the Director of Human Rights of the Office of the
Attorney General of the Republic. Annex to petitioners’ submission of June 16, 2000.
44Annex 15. Case report written by Edgar Ortiz and Zaida Hernández. Section titled “Details pertaining to the death of Johan
Alexis Ortiz,” pgs. 16 and 18. Annex to petitioners’ submission received on June 16, 2000; and Annex 16. Complaint brought by Edgar
Humberto Ortiz and Zaida Hernández before President of the Justice Foundation Elias Pernia, of May 5, 1998. Annex to original petition
of March 15, 2000.
45According to their account in Annex 22. Communication of May 25, 1998, addressed to Minister of Defense, Vice Admiral Tito
Manlio Rincón Bravo, by Zaida Hernández de Arellano and Edgar Humberto Ortiz. Annex to original petition of March 15, 2000; and
Annex 16. Complaint brought by Edgar Humberto Ortiz and Zaida Hernández before Justice Foundation President Elias Pernia, May 5,
1998. Annex to original petition of March 15, 2000.
46They referred to: Ballistics tests, expert examination of both the weapon involved and the uniform worn by Johan Alexis,
luminol testing, exhumation of body, key and contradicting testimony. Annex 32. Communication addressed to Vice Admiral Tito Manlio
Rincón Bravo, Minister of Defense, signed by Edgar Ortiz and Zaida Hernández, dated April 29, 1998. Annex to original petition of March
15, 2000.