On March 10, the complaint was remitted to the Second Prosecutor’s Office and information was also requested regarding the requirement of protection measures. 36 33. Finally, in the record there appear several press releases of that time, in which Jimmy Guerrero publicly reported “harassment on the part of security forces.”37 D. The deaths of Jimmy Guerrero and Ramón Antonio Molina in the events that took place between March 29 and 30, 2003. 34. The night of March 29, 2003, Jimmy Guerrero and members of his family traveled from Coro to Punto Fijo to attend the funeral of a relative. Along the way, their vehicle was stopped by a “police commission” that asked them about their destination, and subsequently let them continue. 38 In the middle of the night, Jimmy Guerrero, Ramón Molina and José Hernández went to do some shopping and were victims of the abovementioned attack. According to the CICPC, Jimmy Guerrero’s body was found in Girardot Extension, specifically in the service station Santa Irene, in Punto Fijo, Falcón State. 39 According to the autopsy protocol, the cause of death was “hypovolemic shock, massive hemoperitoneum, arterial injury due to a bullet shot by a firearm.” The detailed ballistic trajectory expertise recognizes three shots in the body, indicating that the trajectory of the head shots was descendant, from left to right. 40 In addition, his body presented: (...) Head: there appear two holes due to the entrance of bullets of firearms, (...) provoking a minor left epicraneal hematoma, fracturing the left parietal bone and the right upper part of the orbit, injuring the parietal and frontal lobes. (...), fracturing the squamous left temporal lobe, injuring left temporal and parietal lobes, (...). Mouth: Abrasions in left labial corner (...) Thorax: Symmetric. There appear large abrasions produced by dragging in all the surface of the chest with a large amount of skin loss. Abdomen: (...) there appear large abrasions in the abdomen with a large amount of skin loss.41 35. The body of Ramón Molina was found in front of a liquor store in the Buenos Aires passage of Santa Irene Urbanization, in Punto Fijo, Falcón state. According to the autopsy protocol, the cause of death was “hypovolemic shock, hemomediastinum, serious heart damage due to a bullet shot by a firearm.” According to such report, he presented several “holes due to the entrance of bullets of firearms” in the thorax. 42 The ballistic trajectory expertise presents a shot with a descendent trajectory, from the front to the back, and from right to left.43 36. The Commission observes that there were different versions and public information regarding the circumstances in which the events took place. First, in the record before the IACHR there appear several press releases which referred to the deaths of Jimmy Guerrero and Ramón Antonio Molina. Some of these notes related statements by police officials and their version that it had been a confrontation between gangs. In this way, it appears that the chief superintendent of the Delegation of the CICPC of Falcón state publicly declared that “one of the individuals who was shot dead on Saturday night in front of the “Rodriguez” Distributor of Punto Fijo [Jimmy Guerrero] had criminal records for several offenses and was also a member of a criminal gang dedicated to the theft and robbery of houses. [...] This was a highly dangerous subject.” 44 Annex 16. Ombudsman. Remits statement by Jimmy Guerrero. March 10, 2003. Annex to the initial petition. Annex 17. Ombudsman. Remits copy of the press release entitled: Reports harassment on the part of Security Forces. November 07, 2002. Annex to the initial petition. 38 Initial petition and IACHR. Testimony of Jean Carlos Guerrero Meléndez in the Hearing of April 4, 2016. 39 Annex 18. CICPC Body Removal Report. March 30, 2003. Annex to the communication of the State from October 6, 2011. 40 Annex 19. Ballistic Trajectory Report (N°9700-029-) from May 1, 2006. Annex to the communication of the State from October 6, 2011. 41Annex 20. Autopsy protocol of Jimmy Guerrero. April 3, 2003. Annex to the communication of the State from October 6, 2011. 42Annex 21. Autopsy Protocol of Ramón Molina from April 3, 2003. Annex to the communication of the State from October 6, 2011. 43 Annex 19. Ballistic Trajectory Report (N°9700-029-) from May 1, 2006. Annex to the communication of the State from October 6, 2011. 44 Annex 22. Press release. El Falconario newspaper, J.J. López, Jimmy Guerrero had criminal records of April 3, 2003. Annex to the initial petition; Annex 23. Press release. El Falconario newspaper, J.J. López, Two persons were riddled before a liquor store. Annex to the initial petition. ( “when the physicians were preparing to provide assistance to the patients, approximately 20 persons arrived and started throwing rocks at the important medical center, provoking serious material damages [...] and yelling at the medical staff not to assist those two patients because they were bad people”). 36 37 7

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