protocols and the medical report or clinical record of José Hernández.65 On May 21, 2004, the CICPC issued a
memorandum requesting the practice of a hematologic expertise, blood type and determination of nitrites 66
and an expertise of ballistic comparison.67
47.
The Commission observes that throughout the investigation, for several years (2003, 2004, 2005) the
CICPC requested several documents to establish the connection of the crime committed with police agents.
With this aim, it requested the Commander of the Armed Forces of Falcón the delivery of news books, the list
of the the weapons depot, the list of the officials on duty, the list of names, hierarchies and location of the
officials on duty, corresponding to the moment in which the events took place. 68 The information was requested
in the year 2004, by the Sixth Prosecutor’s Office69; and, in the year 2014, by the Seventeenth Prosecutor’s
Office.70 Finally, in 2015, the police informed that the news books of the year 2003 were damaged by
precipitations in the year 2010 at the Police Coordination Centre No. 0271.
48.
On November 3, 2003, a legal expertise of a partially deformed copper bullet and a diskette was carried
out. They were guarded in the delegation of Punto Fijo. 72 According to the expert’s report, “the metallic piece
(...) belongs to a projectile, which was shot by a firearm, as it presents signs of the striations left by the passing
by the bore of the pipe of a firearm. It can be submitted to a ballistic test. The diskette (...) is observed as used
and in good structural condition.”73 On December 3, 2003, the sub delegation of Punto Fijo sent an urgent
memorandum to the chief of the State sub delegation Zulia reiterating the request for an expertise of ballistic
comparison.
49.
On November 20, 2003, the Sixth Prosecutor issued a communication to the CICPC requesting
information regarding the state of the criminal case 74 and by mid-2004, he requested the commander of the
CICPC the results of the Expertise of Ballistic Comparison 75 and the results of the practice of Planimetric Lifting,
Ballistic and Anatomic Trajectory.76 With the aforesaid, the Sub delegation of Punto Fijo issued several
memorandums77 to collect the requested expertise, but it indicated that it never received an answer. 78 Due to
the lack of results, on January 10, 2005, the Sixth Prosecutor’s Office reiterated its communications and ordered
to carry out the requested expertise once again. 79
50.
On December 9, 2005, the Sub delegation of Punto Fijo sent an urgent communication to the chief of
the Sub delegation of the State of Zulia, requesting the delivery of the expertise of ballistic comparison. 80 On
May 1, 2006, the Division of Analysis and Reconstruction of Events, Ballistic Trajectory Area carried out an
Annex 44. CICPC. Official Communication No. 9700-175-3477, Official Communication No. 9700-175-3481. April 1, 2003. Annex to the
initial petition.
66 Annex 45. CICPC. Official Communication No. 9700-175-3883 of May 21, 2004. Annex to the initial petition.
67 Annex 46. CICPC. Official Communication No. 9700-175-3883 of May 21, 2004. Annex to the initial petition.
68 Annex 47. CICPC. Official Communication No. 9700-1759836 (Record 11-F6-06.612-03, Section N° I, folio 96) from May 26, 2003. Annex
to the initial petition; Annex 48. CICPC. Official Communication No. 9700-175-3881 of May 21, 2004. Annex to the initial petition; Annex
49. CICPC. Official Communication No. 9700-175-05906 of August 17, 2004, Official communication No. 9700-175-05907 of August 17,
2004. Annex to the initial petition; Annex 50. CICPC. No. 9700-175-1085 of February 9, 2005; CICPC. Official Communication No. 9700175-1088 of February 9, 2005. Annex to the initial petition.
69 Annex 51. Sixth Prosecutor. Official Communication No. FAL-06-04-01.131 of July 22, 2004. Annex to the initial petition.
70 Annex 52. General Prosecutor’s Office No.17. Official communication FAL17-399-2014 of March 27, 2014. Annex to the Petitioners’
communication, April 24, 2017.
71 Annex 53. Police record regarding the destruction of the books. March 27, 2014. Annex to the Petitioners’ communication, April 24,
2017.
72 Annex 54. CICPC. Remission of evidence. Police Record of October 30, 2003. Annex to the initial petition.
73 Annex 55. CICPC. Official Communication No. 9700-175-ST-532 of November 3, 2003. Annex to the initial petition.
74 Annex 56. Sixth Prosecutor. Official Communication No. FAL-06-03-02.051. November 20, 2003. Annex to the initial petition.
75 Annex 57. Sixth Prosecutor. Official Communication No. FAL-06-04-01.153. July 26, 2004. Annex to the initial petition.
76 Annex 58. Sixth Prosecutor. Official Communication No. FAL-06-04-01.194. August 4, 2004. Annex to the initial petition.
77 Annex 49. CICPC. Official Communication No. 9700-175-05906 of August 17, 2004; CICPC. Official Communication No. 9700-175-05907
of August 17, 2004. Annex to the initial petition; Annex 59. CICPC. Official Communication No. 9700-175-05902 of August 17, 2004. Annex
to the initial petition; Annex 60. CICPC. Official Communication No. 9700-175-31 of August 18, 2004. Annex to the initial petition.
78 Annex 61. CICPC. Official Communication No. 9700-175-6010 of August 19, 2004. Annex to the initial petition.
79 Annex 62. Sixth Prosecutor. Official Communication No. FAL-06-05-01.00036 of January 10, 2005. Annex to the initial petition.
80 Annex 63. CICPC. Official Communication No. 9700-175-1140 of February 9, 2005. Annex to the initial petition.
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