Ombudsman. The Commission considers that this event, in addition to demonstrating that there was a previous persecution to Jimmy Guerrero on the part of the police, constitutes a strong sign on the way the police acts, by means of the intervention of persons driving vehicles, to later remain under the State’s custody, as it was effectively the case a bit more than a month before the deaths. 68. Third, the Commission finds that there are two relevant contexts to be considered in the analysis of Jimmy Guerrero’s death. Therefore, on the one side, as already mentioned, at a national level there was a context of state police violence and complaints filed for extrajudicial executions against persons with Jimmy Guerrero’s profile in the Venezuelan State, characterized by their lack of investigation and their relation to the participation of police agents in their commission, or that are explained as a “settling of scores” appealing to criminal records that has already been verified by the Commission and the Court. On the other hand, the Commission also advises that the most specific context of the effect of this problem exists in the Falcón State, in which the events of the case coincide temporally and geographically with the actions carried out by the State Police of such state and that, again, coincides with the profile of the victim of this case, with some of the elements that surrounded his death, and with the city in which it occurred. 69. Fourth, the Commission observes that there exists a suspicious level of cooperation of the State Police with the bodies in charge of the investigation. In this terms, from the record it is understood that the books of the events and the inventory of the weapons depot, important evidence that could shed a light on the participation of state agents in the deaths of Jimmy Guerrero and Ramón Molina, were never remitted by the police forces nor by the CICPC or the General Prosecutor’s Office, in spite that they were requested many times since the year 2003, informing in 2015 that said books no did no longer exist since the year 2010. These lack of cooperation from the police in the investigation, understood in connection with the abovementioned context, cannot be appreciated by the Commission as a fortuitous event, as in concrete terms, the refusal to send these documents generated the concealment of the possible state participation in the deaths. 70. Fifth, the Commission considers the public statements from authorities as another indicative element, among them, the one from the Superintendent of Falcón state who discredited Jimmy Guerrero in the media for dedicating to theft, robbery and who indicated that his death was a settling of scores between criminal gangs. It is worth highlighting that the only arrest warrant issued in the context of the investigation was against the person who uttered these comments. The IACHR recalls that the characterization of the victims as criminals is one of the elements of the modus operandi identified in the section of context. 71. Sixth, the IACHR also notes that Yarelis Mercedes Guerrero, in her statements before the Regional Command No. 44, Judibama Command, from April 2, 2003, indicated that, in conversation with Mr. Hernández, she learnt that police officer Rojas had been in the place of the events, against whom an arrest warrant was issued. In the same way, Mr. Hernández, in his statement, described the attackers as uniformed persons and associated their clothes to the police uniform. Moreover, the Commission also considers the statements that indicate that in the route between Coro and Punto Fijo, the vehicle that was carrying Jimmy Guerrero and members of his family to the funeral was intercepted by a police commission, who asked them what their destination was, allowing them to leave after a while. 72. Seventh, without evaluating the detailed analysis of the due diligence that will be carried out later, the Commission finds that the judicial investigation has still not achieved the determination of the perpetrators, and that there are pieces in the record that indicate that a great part of the evidence was lost. Therefore, the Commission can also observe, prior to the analysis of due diligence, that the investigation has not provided any results, and that there are no duly clarified alternative hypothesis, apart from the one provided by the person with an arrest warrant, according to whom Jimmy Guerrero’s death was a settling of scores. 73. In conclusion, the Commission finds that the records of harassment and violence, their coincidence and temporal closeness with the deaths, the State’s indifference towards the complaints filed for these records, as well as the above-mentioned contexts, the lack of police cooperation in the investigation as well as the signs of concealment, the public discrediting comments against Jimmy Guerrero, the events that relate State agents to the deaths under consideration, and the lack of judicial determination of the perpetrators, as a whole, are 15

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