they met up with 30 other migrants, with whom they were transported in a van to the city of Chinandega, Nicaragua.2 The State did not dispute this information. 17. The IACHR notes that the visual inspection report on the vehicle shows that the migrants were in a van with a capacity for approximately 12 people. The vehicle also had tinted windows in front and the two front doors, as well as two small windows in the back. The sliding doors on the side were completely enclosed.3 18. On April 14, 1996, the van went through a first police checkpoint that was trying to intercept vehicles that were allegedly bringing illegal merchandise into Nicaragua. According to one testimony, 4 two pickups loaded with contraband had gone by Lieutentant Germán Pineda, who then notified Lieutenant Garmendia for them to be stopped. Lieutenant Garmendia, for his part, passed on those orders to patrol cars 0142 and 0143.5 19. According to testimony provided, the first patrol car, of which Officer Carlos Aguirre was in charge, took position at Villa Quince de Junio, before the bridge. When the van went by, Officer Isaac Melsiades Real, who situated himself at the side of the road, signaled with a traffic baton for the vehicle to stop, but the vehicle accelerated further and did not try to stop, and the police officer had to get out of the way. He asked that the patrol car’s lights be turned on, which enabled them to see that the vehicle was a white van. No shots were fired at this first checkpoint, nor was the vehicle pursued.6 Officer Carlos Aguirre notified Lieutenant José Carcache Yañez Pineda, who was in a police patrol car three kilometers toward the area of Somotillo, about the vehicle that had just passed and had refused to stop.7 20. The second checkpoint was some meters ahead, at the entrance to Las Mercedes, at kilometer 168. According to the police accounts, when they saw the vehicle approaching they signaled it to stop, but the driver made no attempt to do so. On that point, the police officers gave the following descriptions: Francisco Simón Ordoñez Nájera stated that he had fired two shots into the air 8; Ricardo Javier Salgado Ojeda stated that he had fired three shots into the air 9; Silvio Antonio Vanegas Blandon, one shot into the air10; José Marcelino Ramírez Vargas, three to four shots “without authorization” in the direction of the tires on the right side of the vehicle11; and José Reynaldo Pineda Silva maintained that he did not fire any gunshots when the vehicle chase began. 21. Specifically, José Marcelino Ramírez Vargas stated the following: We observed the lights of a vehicle that was traveling from south to north, so Ricardo and I immediately went out into the road, almost into the middle of the highway, to again use the signals to warn the vehicle to stop. When I’m doing the signals with the lamp and gloves I manage to see that it was a white ban [sic], without noticing the glass, and at the same time it’s not obeying the traffic signals and just about runs us over. By instinct and without authorization, I fired three to four shots in the direction of the tires on the right side of the vehicle, the same as Ricardo, the other policeman at the entrance to Las Mercedes.12 22. In the vicinity of the second checkpoint, one bullet casing was found along the edge of the lane going from south to north, seven casings along the edge of the north–south lane, and one at a distance of 1,500 Initial petition of December 23, 1998. Annex XX. Case File. Visual Inspection Report on Vehicle. April 18, 1996, p. 12. 4 Annex XX. Case File. Statement, Germán Pineda Dávila, p. 109. 5 Annex XX. Case File. Statement, Germán Pineda Dávila, p. 109. 6 Annex XX. Case File. Statement, Isaac Real Reyes, p. 120. 7 Annex XX. Case File. Statement, Fernando Antonio Carcache Pineda, p. 114. 8 Annex XX. Case File. Statement, Francisco Simón Ordoñez Nájera, p. 175. 9 Annex XX. Case File. Statement, Ricardo Javier Salgado Ojeda, p. 173. 10 Annex XX. Case File. Statement, Silvio Antonio Vanegas Blandon, p. 171. 11 Annex XX. Case File. Statement, José Marcelino Ramírez Vargas, p. 179. 12 Annex XX. Case File. Statement, José Marcelino Ramírez Vargas, p. 179. 2 3