meters from the police checkpoint, in front of the first house in the Cooperativa Pedro Joaquín Chamorro.13 The
visual inspection of the vehicle on April 18, 1996, found six bullet holes: two in the front, two in the back, one
on the left side, and another in the right door .14
23.
In their testimonies, the migrants said that they had repeatedly asked the driver to stop the
vehicle, as some people had been wounded as a result of the gunshots. However, the driver continued on to
Marimboro, where he went off onto a dirt road, traveling approximately nine kilometers to a community known
as Jucote, where he stopped and got the migrants out of the vehicle, abandoning them there while he continued
to flee.15
24.
According to the migrants’ testimonies, when the vehicle stopped everyone scattered into the
scrub for fear of being arrested. There were five individuals who were injured and Pedro Bacilio Roche Azaña,
who was suffering in agony and later died. Some of the migrants helped the wounded to a nearby shack, where
local campesinos attended to and helped them.16
25.
Around midnight, Mr. Pedro Bacilio Roche Azaña died of the gunshot wound. The legal medical
report states: “It is clear that citizen Pedro Bacilio Roche Azaña died due to external violence, consisting of a
penetrating wound caused by a firearm projectile, that this projectile was found to be the type known as AK (a
weapon of war).”17 On April 27, 1996, the procedures to preserve and prepare the body were carried out at the
morgue in the Hospital España in Chinandega, so that the body could be transported to the Republic of
Ecuador.18
26.
According to the migrants’ testimony, some of them helped the wounded, carrying them to a
small farmhouse located about 40 meters from the place where the vehicle had stopped. They stayed there,
helped by Mr. Ruperto Méndez Méndez, who obtained the assistance of Mr. Luis Guerrero to take them in his
personal vehicle to the health-care center in Villanueva. Given their serious condition, an ambulance later
arrived and took them to the Hospital España for treatment.19
27.
According to the medical report, Patricio Roche Azaña was gravely wounded, having suffered
a perforation of the pelvic floor and an intestinal perforation. He also had an ischiorectal hematoma, perforation
of the colon, and due to his serious condition, he underwent another surgery on April 21, 1996. There was also
a fracture of the left femur, and it was determined that he was at imminent risk of death.20 In addition, five
other individuals received gunshot wounds to different parts of their bodies.21
Annex XX. Case File. Criminal Inspection Report regarding the Case of Homicide followed by grievous bodily harm and abuse of authority.
April 14, 1996, p. 207.
14 Annex XX. Case File. Visual Inspection Report on Vehicle. April 18, 1996, p. 12.
15 Annex XX. Case File. Statements of: Segundo Juan Izquierdo, Marcos Vicente Querevalú Samaniego, Edith Dora Samaniego, Clarisa
Samaniego Soria, Germán Teodoro Campos, Luis Mario Tenecela Naranjo, Edgar Raúl Arévalo Tenecela, Nelly Quinto Flores, Mónica Isabel
Yunga Quito, Julio Medrano Peralta Rodríguez, Roberto Huaman Poma, Edison Fernando Camacho Pantonsín, Carlos Ángel Gutiérrez, Luis
Alberto Palacio Donaire, María Cecilia Chimbo Ayala, Liliana Palomino Mendoza, Tito Cuero Pertocarrero, Miluzca Pamela Chávez Parreño,
Adolfo Castillo Sarmiento, Ana Lucía Villa Cuesta, Ángel María Yupamgui, Daniel Henry Samame Alquisal, José Valdez Ayala, María Rosa
Junga Guaman, Pio de Usúa Mendoza Sarmiento, Rosario Cajamarca Ruviola, Ángel Bolivar Tenempaguay, Maribel Quispe Pomahuacra,
Rómulo Eulogio Gutiérrez Pezante, Marcelo Cajamarca, and Nora Doza Samaniego, pp. 12-81.
16 Annex XX. Case File. Statements of: Segundo Juan Izquierdo, Marcos Vicente Querevalú Samaniego, Edith Dora Samaniego, Clarisa
Samaniego Soria, Germán Teodoro Campos, Luis Mario Tenecela Naranjo, Edgar Raúl Arévalo Tenecela, Nelly Quinto Flores, Mónica Isabel
Yunga Quito, Julio Medrano Peralta Rodríguez, Roberto Huaman Poma, Edison Fernando Camacho Pantonsín, Carlos Ángel Gutiérrez, Luis
Alberto Palacio Donaire, María Cecilia Chimbo Ayala, Liliana Palomino Mendoza, Tito Cuero Pertocarrero, Miluzca Pamela Chávez Parreño,
Adolfo Castillo Sarmiento, Ana Lucía Villa Cuesta, Ángel María Yupamgui, Daniel Henry Samame Alquisal, José Valdez Ayala, María Rosa
Junga Guaman, Pio de Usúa Mendoza Sarmiento, Rosario Cajamarca Ruviola, Ángel Bolivar Tenempaguay, Maribel Quispe Pomahuacra,
Rómulo Eulogio Gutiérrez Pezante, Marcelo Cajamarca, and Nora Doza Samaniego.
17 Annex XX. Case File. Medical Report of the Chinandega Coroner. April 26, 1996.
18 Annex XX. Case File. Procedure for the Preparation and Preservation of the Corpse. April 27, 1996, p. 551.
19 Annex XX. Case File. Statements of Antonio Alejandro López Ríos, José Adrián Madrigal García, Ruperto Méndez Méndez, Martina Alcira
Reyes Rocha, Juan Reyes Cruz, and Rigoberto Leonel Morales, pp. 100-106
20 Annex XX. Case File. Medical Report, Patricio Roche Azaña. April 27, 1996
21 Annex XX. Case File. Medical Reports on Maribel Quispe Pomaguanare and Nora Doza, April 17, 1996; and on Adolfo Castillo Sarmiento
and Marcelo Cajamarca Ruviola, April 18, 1996.
13