75. On August 27, 1999, the Office of the Third Military Prosecutor of San Cristóbal agreed to allow the parents of Johan Alexis Ortiz to become involved in their “capacity as victims” in the case, “to review the proceedings contained” in the case file of case No. 008-98, as provided for under the Organic Criminal Procedural Code.72 76. Additionally, the parents ofJohan Alexis Ortizdenounced to the Office of the Prosecutor of the State of Tachira and Office of the People’s Ombudsman that on September 30, 1999, the home of the father was the target of a gunshot. As was described in the press, the father received an anonymous call on the same day that he was threatened and he was cautioned that he “would be warned.” Additionally, he denounced that the incident occurred when he was at the residence his wife and childrenand minor nieces and nephews.73 77. On February 28, 2000, the Office of the Military Prosecutor filed charges with the Military Court of Guasdualito against National Guard officers Lieutenant Coronel Rafael Antonio Rijana Lucero, Lieutenant Coronel Alexander Flores Lamus, Captain Eddi Ruben Villasmil Antunez, Second Lieutenant Rafael Antonio Villasana Fernández and Second Lieutenant Fidel Camilo Rodríguez Barroyeta, for the crimes of “joint liability for military negligence in the negligent homicide” of Johan Alexis Ortiz and “subsidiarily” for the military crime of disobeying orders and, against National GuardsmanJean Carlos Malpica,for the crime of negligent homicide.74 78. The basis for the prosecutorial charges is that the officers did not take adequate security and prevention measures, as directed in the instructions of the Operations Order forthe combat training exercise in which Johan Alexis Ortizdied and the recklessness and negligence of the displayed by the exercise instructor in handling a flexible gas machine gun. Regarding the circumstances in which he was shot, the Office of the Military Prosecutorestablished that when he came to obstacle No. 5 and the instructor fired the machine gun, “the fired projectile hit one of the ones [projectiles] that had been fired into the ground and accumulated [there] breaking up and causing two fragments or pieces of shrapnel, and said fragments bounced up towards the body of the student at a distance of approximately one meter to one meter and a halffrom where they [the projectiles] hit,[…] causing the two wounds.”75 79. On March 3, 2000, the Military Court notified the parents that they were to appear for the preliminary hearing set for March 28 of that year, in their capacity as victims in the case.76 On March 17, 2000,the parents brought a private criminal complaint in the Military Court against several National Guardsman for the crime of aggravated intentional homicide, cover-up of the crime of aggravated intentional homicide, staginga criminal act and the crime of disobeying military orders.77 72As appearing in Annex 53. Official letter No. FM3-066 of August 27, 1999, addressed to Mr. Edgar Ortiz, by Third Military Prosecutor of San Cristóbal Captain [Army] Lisandro Bautista Landaeta. Annex to petitioners’ submission received on June 16, 2000. 73Annex 54. Press article from the daily newspaper Diario La Nación, Dispararon contra vivienda del padre de Johan Alexis[‘Johan Alexis’s father’s residence target of shooting’], of October 2, 1999. Annex to petitioners’ submission received on June 16, 2000. The IACHR does not have any information available about the steps taken in the investigation regarding these complaints. 74Annex 13. Charging document of the Third Military Prosecutor’s Office of San Cristóbal of February 28, 2000, before the Standing Military Trial Court of Guasdualito. Annex to petitioners’ submission received on June 16, 2000. Johan Alexis’s parents were notified on that same date of the decision, according to Annex 55. Official Letter No. 178 of the Third Military Prosecutor’s Office of San Cristóbal. Annex to petitioners’ submission received on June 16, 2000. 75Annex 13. Charging document of the Third Military Prosecutor’s Office of San Cristóbal of February 28, 2000, before the Standing Military Trial Court of Guasdualito. Annex to petitioners’ submission received on June 16, 2000. 76Annex 56. Return receipt of notification of March 3, 2000 from the Standing Military Trial Court of Guasdualito. Annex to petitioners’ submission received on June 16, 2000. 77As is noted in Annex 57. Motion for appeal on cassation of the private defense attorney against the decision of the Court Martial of the Republic of May 29, 2000. Annex 2 to petitioners’ submission of August 28, 2000.