expertise, concluding similarly in both cases that “the shooter is in front of the victim, firing with the barrel
muzzle of the firearm in a descending way, aiming at the implicated anatomic region.”81
51.
On May 31, 2006, the Ballistic Division of Identifiable-Comparative Criminalistics (División de Balística
de la Dirección de Criminalística Identificativa - Comparativa), sent a Report of Ballistic Comparison to the Chief
of the Sub delegation of Punto Fijo. It concludes that two of the analyzed elements of 40 caliber (complete
projectile and fragment) were shot by the same firearm, and that the projectile of 9 millimeters of caliber was
fired by another gun.82
52.
On July 18, 2007, the General Prosecutor reassigned the criminal case to the Seventeenth Prosecutor’s
Office of the Public Ministry of Falcón State (hereinafter “Seventeenth Prosecutor’s Office”). Likewise, it sent a
copy of the file opened for the criminal case to the First District Judge of the Criminal Judicial Circuit of Falcón
State, in order to be remitted to the Seventeenth Prosecutor of the Public Ministry, “who will analyze it in an
individual or joint way in this Office to carry out the respective conclusive action.” 83 In view of the foregoing,
on December 16, 2008, the Seventeenth Prosecutor’s Office requested the remittance of all the proceedings
carried out in the case to the CICPC and the Delegation of Punto Fijo. 84
53.
On March 23, 2009, the Seventeenth Prosecutor’s Office informed the Direction of the Protection of
Fundamental Rights that alleged officials related to the police were involved in the criminal case.85 On
September 14, 2011, the Seventeenth Prosecutor’s Office issued an urgent communication to the Direction of
Protection of Fundamental rights, in which it was informed that no disciplinary investigation had been opened,
as it had not been possible to individualize or demonstrate the participation of an official in the events.86
54.
On April 21, 2015, the Forty-Ninth Prosecutor’s Office with full jurisdiction at national level requested
the Seventeenth Prosecutor’s Office the delivery of informative notes with the las proceedings carried out in
the context of the investigation.87 On February 2016, the Seventeenth Prosecutor’s Office issued a
communication88 and requested a meeting to the Coordinator of the Criminalistics Unit against the Violation of
Fundamental Rights of the Public Ministry of the State of Lara (hereinafter, “the Criminalistics Unit”),
requesting its support to carry out several tests in the case under consideration.
55.
The Commission observes that during the first months of 2016, the Seventeenth Prosecutor’s Office
sent several communications to entities. In this way, it requested the Criminalistics Unit the confirmation of a
commission to carry out several proceedings 89; it asked the Director of the Police of Falcón State to provide the
registry of the guns assigned to Miguel Caldera, Felipe Rojas and the Sergeant Segundo Curia in 2003, the
delivery of certified copies of the designation of the gun or gun warehouses of the day of the events 90; and the
list of the guns of 9 mm and 40 mm which were in possession of such police body and which were assigned to
them91. It also communicated with the Chief of the Homicide Brigade of the CICPC of Falcón State, requesting
the remittance of all the original proceedings carried out and the certified copies of the record of their
disincorporation, destruction or remittance.92
Annex 19. Ballistic Trajectory Report (N°9700-029-) from May 1, 2006. Annex to the communication of the State from October 6, 2011.
Annex 64. CICPC. Official Communication No. 9700-018-B-2819 of May 31, 2006. Annex to the initial petition.
83 Annex 65. Public Prosecutor of the Republic, Official communication No. FAL-6-07-01.427 of July 18, 2007. Annex to the initial petition.
84 Annex 66. Prosecutor’s Office No.17. Memo 11F17-250-08. December 16, 2008. Annex to the Petitioners’ communication of April 24,
2017.
85 Annex 67. Prosecutor’s Office No.17. Memo. 11F17-0055-09. March 23, 2009. Annex to the Petitioners’ communication of April 24, 2017.
86 Annex 68. Prosecutor’s Office No.17. Official communication FAL17-1.141-2011. September 14, 2011. Annex to the Petitioners’
communication, April 24, 2017.
87 Annex 69. Prosecutor’s Office No.49. 00-F49-0102-2015. April 21, 2015. Annex to the Petitioners’ communication, April 24, 2017.
88 Annex 70.
Prosecutor’s Office No.17. Official communication FAL17-169-2016. February 02, 2016. Annex to the Petitioners’
communication, April 24, 2017.
89 Annex 71. Prosecutor’s Office No.17. Official communication FAL17-169-2016. March 11, 2016. Annex to the Petitioners’ communication,
April 24, 2017.
90 Annex 72. Prosecutor’s Office No.17. Official communication FAL17-191-2016. March 12, 2016. Annex to the Petitioners’ communication,
April 24, 2017.
91 Annex 73. Prosecutor’s Office No.17. Official communication FAL17-192-2016. March 12, 2016. Annex to the Petitioners’ communication,
April 24, 2017.
92 Annex 74. Prosecutor’s Office No.17. Official communication FAL17-193-2016. March 12, 2016. Annex to the Petitioners’ communication,
April 24, 2017.
81
82
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