39. According to the death certificate, Johan Alexis Ortiz died at San Rafael de El Piñal Hospital at 13:30 hours17and his body was transferred to the morgue of the Central Hospital of San Cristóbal by officers of the Technical Judicial Police.18According to the agent who removed the corpse, the alleged victim’s body did not have clothes [on him] and this agent asked for his clothes from a military soldier present at the hospital, he [the soldier] told him that “the victim’s clothes were removed at the time he was given first aid, and the whereabouts of his clothes were unknown.”19 40. At around 6:00 pm on February 15, NG Lieutenant Raúl Honorio Martínez Moreno informed the alleged victim’s parents about the “regrettable accident.” Said officer explained to the father that the death occurred at a “combat training exercise with blanks,” and when that assertion was called into question, he responded: “actually, they were not blanks but real bullets.”20 The explanation provided at that time was that when he went into the “rabbit hole” [obstacle], Mr. Ortiz “lifted himself above the barbed wire fence and was hit by bullet shots.”21 However, the Office of the Military Prosecutor and the Ministry of Public Prosecution claimed during the military and civilian criminal trials, respectively, that Mr. Ortiz was hit by shrapnel, as a result of fragmentation of one of the projectiles when it smashed into another projectile or object, and when he was wounded “he stood up” and other officials came to his aid. 41. Consequently, Johan Alexis Ortiz’s parents denounced that their son’s death was intentional.22Fifteen days prior to his death, Mr. Ortiz had mentioned to his father that he was having an affair [… continuation] Fernández Feo of the Judicial District of the State of Tachira at the main building of El PiñalHospital on August 27, 1998. Both documents attached to the petitioners’ submission received on June 16, 2000. 17See: Annex 13. Charging document of the Third Military Prosecutor’s Office of San Cristóbal February 28, 2000 before the Standing Military Trial Court Judge of Guasdualito. Annex to petitioners’ submission received on June 16, 2000; and Certificate of Death No. 18 of the Police Station of the Municipality of Fernández Feo of February 16, 1998. Annex to petitioners’ submission received on June 16, 2000, page 39. 18Based on the information appearing in the case file, it is not possible to establish the exact time when he was transferred. In this regard, the certificate of judicial inspection conducted on August 27, 1998, at the main building of El Piñal Hospital states that “[…] it is expressly on record that in the body registry log, there appears [a name of] the PTJ officer, badge 21065, illegible signature as the person who performed the removal of the corpse and the transfer thereof but it does not have an exact time of the transfer, only that it was in late afternoon.” Additionally, the report of the autopsy conducted at the morgue of the Central Hospital of San Cristóbal on February 15, 1998 asserts that it [the autopsy] was performed at 4:05pm. Said report only notes that the transfer was conducted by officers of the Technical Judicial Police. See: Coroner’s forensic medical report of March 2, 1998, written by Dr. Ana Cecilia Rincón Bracho and Dr. Nelson Jesús Báez Jordan. Official Letter No. 001128. Annex to petitioners’ submission received on June 16, 2000. In the sworn statement provided in 2003 by the officer of the Technical Judicial Police of Tachira, who is identified as the person who removed the body, he testifies that this was performed in the morgue of the rural coroner’s office of El Piñal on February 15, 1998, at 5:30 PM. Statement of Camilo Bonilla in the record of the interview of April 28, 2003, before the Office of the Seventh Prosecutor of the Judicial District of the State of Tachira. Cited in Annex 14. Prosecution’s indictment of February 27, 2013, pg. 90. Annex to petitioners’ submission of April 21, 2013. 19Sworn statement of Camilo Bonilla in record of interview of April 28, 2003 before the Seventh Office of the Prosecuting Attorney of the Judicial District of the State of Táchira. Cited in Annex 14. Prosecution’s indictment of February 27, 2013, pg. 90. Annex to petitioners’ submission of April 21, 2013. 20Annex 15. Case report written by Edgar Ortiz and Zaida Hernández. Section titled “Details pertaining to the death of Johan Alexis Ortiz”, pg. 16. Annex to petitioners’ submission received on June 16, 2000; and Annex 16. Complaint brought by Edgar Humberto Ortiz and Zaida Hernández with the President of the Justice Foundation, Elias Pernia, May 5, 1998. Annex to the original petition of March 15, 2000. 21Annex 8. Report of the Standing Committee on Human Rights of the Legislative Assembly of the State of Tachira on the death of Johan Alexis Ortiz Hernández, January 16, 1999. Summary of the facts that are the subject of the petition. Annex to the original petition of March 15, 2000. 22There are several newspaper articles in the case file before the IACHR describing in detail the public charges made by Johan Alexis’ parents regarding the death of their son. See for example: Annex 17. Press articles from Diario La Nación of March 30 and 31, 1998, and April 12, 1998 (partial copies). Annex to petitioners’ submission of June 16, 2000. Additionally, a report was submitted called “Report case death of Johan Alexis Ortiz Hernández” (Annex 15) with all of the information gathered by Mrs. Hernández and Mr. Ortiz on the case. Annex to petitioners’ submission received on June 16, 2000. Also see Annex 8. Report of the Standing Committee on Human Rights of the Legislative Assembly of the state of Tachira on the death of Johan Alexis Ortiz Hernández, of January 16, 1999. Annex to original petition of March 15, 2000.

Select target paragraph3