oral trial.127The public oral trial hearing date had been set by the Standing Court Martial for December 3, 2001128and was suspended under the order of November 30, 2001, as a result of the decision of the Constitutional Chamber of November 9, 2001.129 106. On January 21, 2002, the hearing on the constitutional amparo relief petition was held before the Constitutional Chamber of the TSJ.130 On June 11, 2002, the Constitutional Chamber granted the amparo petition.131The examination of the Constitutional Chamber was mostly based on the provisions of the Venezuelan Constitution, which came into effect in 2000, regarding the jurisdiction of ordinary courts for “the commission of common crimes, human rights violations and crimes against humanity.”132 Consequently, the Chamber ordered that “all of the proceedings in the criminal case before the military court, except for those pieces of evidence that [cannot] be recreated” to be vacated and that the case file be sent to the Ministry of Public Prosecution to institute the proceeding as provided under the Organic Criminal Procedural Code.133 107. The case file was transferred to the Office of the Chief Prosecutor of the Ministry of Public Prosecution of the judicial district of the State of Tachira, and this office assigned the case to the Seventh Prosecutor’s Office, under the case number No. 20-F7-1222/02. On March 7, 2003, the Office of the Seventh Prosecutor ordered the investigation to be opened.134 In December 2003, the investigation was in the preparatory phase and the Seventh Prosecutor’s Office brought charges against National GuardsmanJean Carlos Malpica Calzadilla and “other officers” of the same institution.135 108. The Office of the Ombudsman of the State of Tachira made a number of fact-finding efforts on the basis of the complaint filed by the father, for which an inquiry was opened on May 31, 2000, and identified as complaint hearing form No. 0043.136 Additionally, it is on record that on May 17, 2009, the [… continuation] Villalobos, for the crime of “covering up criminal acts;” and against National Guardsman Jean Carlos Malpica Calzadilla for the crime of “covering up criminal acts and or staging a crime.” According to Annex 83. Official Letter No. 846 of the Standing Military Trial Court San Cristóbal, whereby the decision to proceed to trial in case No. 008-1998 is conveyed to the parents of Johan Alexis, October 8, 2001. Annex A to petitioners’ submission received on February 25, 2002. 127According to Annex 83. Official Letter No. 846 of the Standing Military Trial Court San Cristóbal, whereby the decision to proceed to trial in case No. 008-1998 is conveyed to the parents of Johan Alexis, October 8, 2001. Annex A to petitioners’ submission received on February 25, 2002. 128According to Annex 84. Notification issued by the Standing Court Martial of San Cristóbal to Mr. Edgar Humberto Ortiz, dated November 6, 2001. Annex L1 to petitioners’ submission received on February 25, 2002. 129According to Annex 85. Notification issued by the Standing Court Martial of San Cristóbal to Mr. Edgar Humberto Ortiz, dated November 6, 2001. Annex L2to petitioners’ submission received on February 25, 2002 130Annex 86. Record of the hearing on the constitutional amparo relief of Monday January 21, 2001. Constructional Chamber of the Supreme Court of Justice. Annex D to petitioners’ submission received on February 25, 2002. 131Annex 87. Decision of the Constitutional Chamber of the Supreme Court of Justice of June 11, 2002. Annex A to petitioners’ submission received on August 27, 2002. 132Article 261 of the Constitution of the Bolivarian Republic of Venezuela. Cited in the decision of the Constitutional Chamber of June 11, 2002. In said decision, the Chamber also ordered the provisions of the Organic Code of Military Justice assigning competence to the military jurisdiction for common crimes committed by military personnel, to not be enforced, including in the instances when the defendants are “charged simultaneously with common and military crimes […]”. 133Annex 87. Decision of the Constitutional Chamber of the Supreme Court of Justice of June 11, 2002. Annex A to petitioners’ submission received on August 27, 2002. 134As reported by the Agent of the State for human rights before the Inter-American and international systems to Mr. Edgar Ortiz, in a communication of February 14, 2006 (Annex 88). Said communication was provided as an annex to petitioners’ submission of February 25, 2006. 135As appears in Annex 89. Official Letter No. DP/DDET-02594-2003 addressed to the Seventh Prosecutor’s Office of the Ministry of Public Prosecution of the State of Tachira, dated December 30, 2003, by the Ombudsman of the State of Tachira. Annex D to petitioners’ submissions of April 7, 2004. 136See, among other things: Annex 90. Official Letter No. DP/DDET-O-0231/2004 addressed to the Chief Commissioner of the Police Substation of San Cristóbal, dated February 5, 2004, by the Office of the Ombudsman of the State of Tachira. Annex E to petitioners’ [continues …]