32.
The State described records of evidence collection in the case file and “compelling
evidence”pertaining to the requirements and procedures for the appointment of instructors and assistant
instructors, as well as the name, rank and duties of the infirmary staff, who had been on duty during the antisubversive obstacle course combat training, in which the alleged victim died, and records of interviews
conducted during the investigation. It also noted that “expert soil and granule analysis” had been conducted
on the obstacle course where the incidents occurred.
33.
In its submission received by the Commission on August 11, 2008,5the State wrote that
during that year, the Ministry of Public Prosecution had also gathered evidence to obtain the particulars of
the members of the NG, whose testimony had proven to be useful to the investigation. It also explained that it
had reenacted the events at the scene of the crime, in the presence of the Ministry of Public Prosecution,
members of the NG who were present during the practice exercise in 1998, experts from the Corps of
Scientific, Criminal and Forensic Investigation, and officials assigned to the Office of Technical Scientific
Services of the same institution. Lastly, on said occasion, the State reported to the Commission that it had
handed over a single copy of the case file to Mr. Edgar Humberto Ortiz Ruiz, in response to his request filed on
September 12, 2007.
IV.
FINDINGS OF FACT
C.
Johan Alexis Ortiz Hernández and his death on February 15, 1998
34.
Johan Alexis Ortiz Hernández was born on June 26, 1978. His mother is Zaida Hernández
Hernández and his father,Edgar Humberto Ortiz Ruiz.6Mr. Ortiz entered the “Major General Víctor Anselmo
Fernández Escobar” National Guard Training Academy (ESGUARNAC), Cordero, State of Tachira, where he
was a student in the 28thCourse and was to graduate on April 3, 1998.
35.
On the morning of February 15, 1998, Johan Alexis Ortiz was transported along with his
classmates to the facilities of Outpost No. 19 of the Rural Commandos, Caño Negro, Municipality of Fernández
Feo (State of Táchira), to participate in the combat training exercise known as the “1st Anti-Subversive
Combat Training Course,” of the third and final phase of his training as a member of the National Guard.7The
alleged victim died that same day as a result of “hypovolemic shock [,] secondary internal hemorrhaging from
a bullet wound.”8
36.
There are several versions of the circumstances surrounding his death. For example, press
stories cite police sources as indicating it was a suicide9and a shot fired by a classmate.10
5 As noted supra II “Proceedings before the IACHR subsequent to the admissibility decision,” the IACHR did not receive any
further communications from the State after August 11, 2008, despite the requests it made to this end.
6 Annex 1. Birth certificate of Johan Alexis Ortiz Hernández. Annex to petitioners’ submission received on June 16, 200, page
38. In the proceedings before the IACHR, there is documentation in the case file in which reference is also made to Mrs. Zaida Hernández
de Arellano to refer to his mother.
7 Annex 2. Report M-4. Official Letter No. 003, addressed to the Lieutenant Coronel of the Student Corps of the ESGURNAC, by
the Lieutenant Commander of the First Company, Cordero, March 12, 1998. Annex to original petition of March 15, 2000. The “First AntiSubversive Combat Training Course” (held in coordination with the Outpost of Rural Commandos No. 19 of Regional Command No. 1 of
the National Guard) was to be organized, planned and executed from February 13 to 21, 1998” in order to instruct the future National
Guard in areas of Military and Special Operations […], and in non-operational actions […],” for which, a specific “Operations Order”
existed. Annex 3. Course of the MAJ GEN Víctor Anselmo Fernández Escobar National Guard Training Academy. Operations Order for the
First Anti-Subversive Course ESGURNAC – Cordero. Annex Ñ of petitioners’ submission received on February 25, 2002.
8 Annex 4. Death certificate No. 18 of the Police Station of the Municipality of Fernández Feo. Annex to petitioners’ submission
of June 16, 2000, page 39. Annex 5. Report of autopsy performed on February 15, 1998, at 4:05pm in the Office of the Coroner of San
Cristóbal. According to the forensic medical report of March 2, 1998. Official Letter. No. 001128. Annex to petitioners’ submission
received on June 16, 2000.
9
15, 2000.
Annex 6. Press article from Diario La Nación. San Cristóbal. Tuesday February 17, 1998. Annex to original petition of March