the Security and Public Order Corps of the State of Aragua, headquartered in the city of Turmero,
identified as Gerardo Alcides Castillo Freites and Andrés José Castillo García, got out of their van
without identifying themselves and "with gun in hand and a threatening attitude" told the alleged
victim that he was under arrest because "otherwise he would be killed for accounts pending
before the courts".
17. The petitioners maintain that Mr. Igmar Alexander Landaeta Mejías decided to run away, and
that the police officers shot him in the back and subsequently, as he lay on the pavement, Officer
Gerardo Alcides Castillo Freites kicked him over and shot him in the face. The two officers then
transported the victim to the Ambulatorio II hospital of the city of Turmero, where he was
recorded as showing no vital signs.
18. Subsequent to this date, the then Technical Corps of the Judicial Police (now the Scientific,
Penal and Criminal Investigations Corps) of the zone opened an investigation, in which it
performed fraudulent tests such as an analysis of gunpowder traces on both hands of the
deceased victim, which produced a positive result. The petitioners argue that this test was
tainted because it was performed by the same officers who took Mr. Landaeta to the medical
center, and that they would have had the opportunity to place a weapon in his hand and fire it
so that the investigation would find gunpowder on his hands.
19. The petitioners argue that the Technical Corps of the Judicial Police committed the following
irregularities: it did not reconstruct the events; it took no steps to have the accused officers
identified by witnesses; it failed to conduct a gunpowder test on the two officers; it did not
perform a ballistics comparison of the weapons carried by the police; the scene was measured
off using information provided by the officers themselves; it did not investigate the origin of the
vehicle in which they were traveling; it did not request a certified copy of the journal kept by the
Turmero police headquarters to determine whether the officers were on duty at the time of the
events; it requested no information from the General Command of the Police of Aragua on the
duties assigned to the officers, their record of conduct and their criminal records; it did not ask
for the police record of a witness who, because of "debts outstanding with the justice system,"
may have been pressured by the officers to declare that the alleged victim had assaulted him
with a firearm; it did not question the owner of the truck in which Mr. Landaeta allegedly hid in
his flight; it failed to investigate the origin of the weapon that the victim was allegedly carrying;
it conducted no ballistics comparison of the bullet found near Mr. Landaeta's body; no
photographs were taken of the wall struck by the police bullets; no record was kept of the place
where a reddish-brown substance was found nor was a blood test performed there; and there
was no ballistics examination of the weapons carried by the officers.
20. With respect to the actions of the judiciary, the petitioners reported that, once the
investigations were concluded, the records were turned over to the Ninth Public Prosecution
Office of the Judicial District of the State of Aragua, which on November 27, 1996 sent the case
on to the corresponding court and asked it to initiate a “nudo hecho” information procedure
(intended to demonstrate the link between the alleged offense and a public official) against
Gerardo Alcides Castillo Freites and Andrés José Castillo García. That court returned the case to
the same prosecution office on January 16, 1997, which again brought it to the attention of the
court on February 24, 1997, accompanied by charges against those police officers for the crime
of premeditated murder and improper use of firearms.
21. With regard to this issue, the petitioners argued that the representative of the Attorney
General's office incurred in with grave remiss in failing to consider the offenses of abuse of
authority, simulation of a punishable act, and "taking justice into his own hands", as defined in
articles 204, 240 and 271 of the then-valid Penal Code.
22. According to the petitioners, the Sixth Criminal Judge, on October 1, 1997 confirmed a
previous decision of the municipal judge of San Mariño and Libertador, terminating the summary
inquiry. On October 10, 1997 the case was sent for consultation to the Third Superior Criminal
Judge of the same district, who on October 11, 1997 revoked the previous decision and ordered
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