48.
On November 27, 2001, Mr. José Pacheco, brother of the alleged victim, filed a complaint
with the Attorney General's Office for the killing of his brother Ángel. 58 In that complaint, he requested that
the facts involved in Ángel Pacheco’s death be clarified and that all persons responsible be investigated. 59
49.
On November 30, 2001, the Court of First Instance issued a report indicating that the blood
found in the car of Messrs. Estrada and Vigil matched Mr. Pacheco’s blood type. 60 Because of this the Court
issued a warrant for the imprisonment of Hector Estrada and Alberto Vigil as possible suspects for the crime
of killing Ángel Pacheco León.61 The court also pointed out that “as the merits were insufficient” Jerhing
Maldonado should be released.62
50.
On December 7, 2001, Olga García, employee of the Ministry of Security, and Dennis Castro,
forensic advisor to the Judiciary, appeared before the Court of First Instance of Nacaome, Valle. 63 They
indicated that, in the case of Mr. Ángel Pacheco’s death, the chain of blood sample studies was not followed in
accordance to domestic law, nor were steps taken to adequately pack evidence that was submitted. 64 As for
the State, it recognized that Mr. Pacheco’s blood sample obtained during his autopsy was destroyed because
“the engine of the cold storage room where the sample was located broke down because of the blowout of an
electric power transformer in the building.”65
51.
On December 20, 2001, the DGIC submitted an investigative report. 66 It indicated that after
Mr. Pacheco’s death, the following was carried out: i) identification of the body; ii) an onsite visual inspection
of the crime scene to gather evidence, which was sent to the laboratories; iii) the mapping of the crime scene;
and iv) interviews with persons who knew Ángel Pacheco “from which no positive result was obtained to
identify those responsible.”67
52.
The report pointed out that, in line with the statements that were taken, Mr. Pacheco “on
various occasions received death threats from persons who belonged to his own political party” such as Raúl
Pino, Benjamín Cárdenas, and Salvador Cárdenas. 68 It was mentioned that “these gentlemen accosted the
victim on various occasions and threatened to kill him.” 69
58 Criminal complaint. Pages 43-44 of court proceedings. Annex to the communication from the petitioners received by the
IACHR on August 27, 2004.
59 Criminal complaint. Pages 43-44 of court proceedings. Annex to the communication from the petitioners received by the
IACHR on August 27, 2004.
60
Order of imprisonment. Page 37. Annex to the communication from the petitioners received by the IACHR on August 27,
61
Order of imprisonment. Page 37. Annex to the communication from the petitioners received by the IACHR on August 27,
62
Order of imprisonment. Page 37. Annex to the communication from the petitioners received by the IACHR on August 27,
2004.
2004.
2004.
63 Appearance. Issuance of ruling of December 7, 2001. Annex to the communication from the petitioners received by the
IACHR on August 27, 2004.
64 Appearance. Issuance of ruling of December 7, 2001. Pages 2-3. Annex to the communication from the petitioners received
by the IACHR on August 27, 2004.
65
State Communication of May 18, 2007.
66 Investigation report of December 20, 2001. Pages 123-125 of the court case file. Annex to the communication from the
petitioners received by the IACHR on August 27, 2004.
67 Investigation report of December 20, 2001. Pages 123-125 of the court case file. Annex to the communication from the
petitioners received by the IACHR on August 27, 2004.
68 Investigation report of December 20, 2001. Pages 123-125 of the court case file. Annex to the communication from the
petitioners received by the IACHR on August 27, 2004.
69 Investigation report of December 20, 2001. Pages 123-125 of the court case file. Annex to the communication from the
petitioners received by the IACHR on August 27, 2004.