expert. The petitioners mentioned that this hearing was suspended because one piece
of ballistics evidence had mysteriously disappeared from the file. The judge ordered
that this evidence be produced by February 7, 2007, the date on which the oral and
public arguments would continue. According to the petitioners, the aforementioned
trial has not yet concluded, and therefore, the alleged perpetrators of the extrajudicial
executions remain unpunished.
21.
The petitioners indicated that they were victimized throughout the
investigation when they attempted to exercise their rights, while their requests
remained unheeded. On May 16, 2003 Mr. Luís Aguilera, attorney for the victims, filed
a brief with the Ninth Prosecutor’s Office in which he explained his dissatisfaction with
the closing of the investigation. He also listed each piece of evidence which he deemed
necessary to clarify the facts. The petitioners further indicated that on August 6, 2003
Ms. Juana Emilia Díaz Pérez, wife and mother of the deceased, filed a complaint with
the Fifth Oversight Tribunal requesting that the arrest warrants be executed and
requesting discovery of several pieces of evidence. According to the petitioners, no
reply has been received on any of these requests.
22.
The petitioners indicated that after the deaths of Robert Ignacio, David
Octavio, and Octavio Ignacio, some members of the Díaz Loreto family continued to be
subjected to threats and harassment, as explained in the following paragraphs.
23.
According to the petitioners, at 11 pm on April 10, 2003, four police officers
posted themselves around the home of the family of Jairo Alexis Díaz Loreto, brother
and son of the deceased, who was with his wife, Alexandra Gualdrón de Díaz. When
Ms. Alexandra Gualdrón—who has been active in reporting the deaths of her husband’s
relatives to the authorities and the media—opened the door, the police asked her for
someone named Steven. She responded that she knew no such person, which led the
police to then accuse her of “concealing criminals.”
24.
The petitioners added that on April 26, 2003, Miguel Angel Diaz Loreto,
another brother and son of the deceased was travelling by bicycle accompanied by his
nephew when the two were intercepted by a police unit. The officers rudely demanded
that he dismount his bicycle and show his identity documents. When Ms. Dinorah
Mar��a Díaz Loreto and Ms. Alexandra Gualdrón de Díaz, Miguel Angel’s sister and aunt,
respectively, learned what had happened, they went to the place where a police officer
had told them that Miguel Angel was being detained. According to their account, this
occurred without any arrest warrant. Thus, when the women tried to enter the squad
car, they were pulled out by their arms. The petitioners indicated that as the women
began to leave, one of the officers threatened to kill Jairo Alexis Díaz Loreto, who had
come to help the women. After receiving this threat, Jairo Alexis screamed that the
officers were abusive, which caused one of them to exit the vehicle in a rage “with
weapon in hand,” screaming improprieties. The petitioners state that the officer then
entered Ms. Dinorah María’s residence, put his gun to Jairo Alexis’ head, and
threatened to arrest him. After a heated argument, the police officers finally carried
Miguel Angel away in the squad car.
25.
The petitioners indicated that once at the police station, the relatives were
not told the reasons for the arrest; the police simply indicated that they should wait
until the following Monday. Also, once Miguel Angel was released, he told them he had
been beaten in the head and in the calves while the police interrogated him about the
business his sister Dinorah was conducting with the prosecutor’s office regarding the
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