a diagram was made of the scene 35 ; medical reports were done on the wounded 36 ; and the body was
examined. 37 In addition, expert ballistics and chemical tests were done on the AK weapons 38 and bullet
markings, which established the connection between the weapons and the casings. Finally, tests were done on
the blood and hair found in the van,39 which showed that they belonged to the migrants.
C.
Regarding Patricio Roche Azaña’s lack of participation in the proceedings
34.
The Code of Criminal Instruction indicated that the first steps in a criminal inquiry—which
include gathering all the evidence to determine whether or not a crime has been committed and establishing
whether or not the defendants are responsible—must conclude within a peremptory period of 10 days from
the time the resolution was issued initiating the criminal proceedings; otherwise, the accused could be released
on grounds of illegal detention.40
35.
Based on these criteria, it was ordered ex officio, as part of the investigation, that statements
be taken from the individuals hospitalized at Hospital España and that they be notified that they could intervene
in the proceedings. In this context, Maribel Quispe and Nora Doza Samaniego joined the case, providing their
respective statements.41
36.
However, when the authorities went to the hospital to take the statement of Patricio Roche
Azaña, they were unable to do so because of the medical condition of the alleged victim, who was in a coma.42
According to the State, “the absence of the offended party’s testimony was justified because of his state of health
and was not essential for the purposes of the proceedings.”43
37.
Finally, the decisions made in the case were notified only to the individuals who actively
intervened in the proceedings as complainants or private accusers, pursuant to the domestic laws of the
Nicaraguan State. The case file shows that the offended parties Nora Doza Samaniego and Maribel Quispe
Pomahuanare were notified by means of a posting left up on a notification board.44 This is because at that time,
both women had already returned to Peru.
38.
Due to the foregoing, no judicial decision handed down in this case was notified to Patricio
Roche Azaña or his family members. The first he learned of the judicial ruling was in August 1998, when his
mother informally received a copy of the judgment issued by the Chinandega District Criminal Jury Court from
an official at the Ecuadorian Foreign Ministry.
Annex XX. Case File. Diagram of the Scene, p. 11.
Annex XX. Case File. Legal Medical Reports on Patricio Roche Azaña, Maribel Quispe Pomahuacre, Nora Doza Samaniego, Adolfo Castillo
Sarmineto, and Marcelo Cajamarca Riulova, pp. 88-99.
37 Annex XX. Case File. Report on Inspection of Corpse. Legal Medical Report on Pedro Roche Azaña, pp. 85-88.
38 Annex XX. Case File. Expert Report related to ballistics chemical tests; expert ballistics report on 22 AK weapons; expert report related
to ballistics chemical tests on 12 AK weapons; expert report related to chemical test of metal; expert report related to chemical test of
paint; expert report related to ballistics tests (chemical) on 6 firearms; expert ballistics report on 6 AK weapons; expert report related to
chemical ballistics tests on 6 AK weapons; expert ballistics report on 6 AK weapons; expert report related to chemical ballistics tests on 14
AK weapons; expert ballistics report on 14 AK weapons; expert report on 5 casings, pp. 210-249.
39 Annex XX. Case File. Expert Report on Blood and Hair, p. 220.
40 Communication from the State of October 26, 2009.
41 Annex XX. Case File. Statement of Nora Doza Samaniego, 616, Statement of Maribel Quispe, p. 570.
42 Annex XX. Case File. Judgment of First District Criminal Court of Chinandega. May 6, 1996, p. 631
43 Annex XX. Communication from the State of October 26, 2009 on the merits of the case, para. 16.
44 Annex XX. Case File. Notifications of the judgment of the First District Criminal Court of Chinandega, p. 665; Notifications, p. 689.
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