area, a wound to the front face of the right forearm, and two wounds in the right
pectoral area.
16.
As for domestic proceedings, the petitioners indicated that on the same day,
January 6, 2003, the Cuerpo de Investigaciones Científicas, Penales y Criminalísticas
(Scientific and Criminal Investigation Force, “CICPC”) launched an investigation. The
CICPC carried out some formalities, such as conducting police inspections of the
scenes, interviewing Bladimir Lenin Díaz Loreto, interviewing the physicians on duty at
the aforementioned hospitals the day the events occurred, and reviewing the autopsy
protocols which determined that the cause of death of the three alleged victims was
injury by firearm.
17.
The petitioners indicated that the investigations concluded within six months
and were remitted to the Ninth Prosecutor’s Office of the Public Ministry in the Aragua
State District (hereinafter “Ninth Prosecutor’s Office”). However, the following
evidence which the petitioners consider to be of forensic interest was not
gathered: reconstruction of the facts; hematological examination of the blood found in
the wastewater canal; sight inspection of that scene; examination of the water
extracted from the lungs of Robert Ignacio; examination of the flannel clothing he was
wearing; statement of the sister of the alleged robbery victim; expert testimony on
firearms from staff of the police unit in the La Segundera subdivision; inventory of the
weapons stock of the police unit; evidentiary analysis of traces from shots fired by
officers acting in the police operation; ballistics trajectory; collection and examination
of blood shed by Robert Ignacio while he was being transported; collection of blood
samples at the scene of the execution and from the vehicle in which David Octavio and
Octavio Ignacio were transported; examination of the officers’ uniforms; expansion of
the autopsy protocol to verify the time of death; examination of the bullets extracted
from the bodies of David Octavio and Octavio Ignacio; conduct record and history of
the officers involved in the operation; and the number of motorcycles involved, as well
as their license plate numbers.
18.
The petitioners alleged that the Ninth Prosecutor’s Office, “acting in blatant
complicity by objective omission” remained silent about the lack of the aforementioned
evidence and proceeded to file charges against seven CSOPA officers for alleged
intentional homicide and improper use of a firearm
19.
According to the petitioner’s narrative, on June 13, 2003 the Tribunal Quinto
de Control del Circuito Judicial Penal del Estado Aragua (Fifth Oversight Tribunal of the
Aragua State Criminal Judicial Circuit, hereinafter “the Fifth Oversight Tribunal”)
entered the charges and disqualified the government staff person in charge of that
court. In August of 2003 during the preliminary hearing, the Eighth Oversight Tribunal
of the Aragua State Criminal Judicial Circuit (hereinafter “the Eighth Oversight
Tribunal”) completely admitted the charges with the evidence offered, agreed to issue
arrest warrants on the seven defendants, and forwarded the file for the holding of an
oral and public trial.
20.
The petitioners indicated that after several judges were disqualified, on April
11, 2006 the file was finally remitted to the Fifth Trial Court of the Criminal Judicial
Circuit (hereinafter “Fifth Trial Court”), where it is still awaiting oral arguments in the
public trial which began on January 18, 2007. They added that on January 25, 2007
the second hearing of the trial was held in which experts and witnesses testified. On
February 1, 2007 the third hearing was held with testimony from a ballistics
4