rejects the alleged violation of articles 4 and 5 of the American Convention, as the domestic investigation and trial remain ongoing. It argued that “although the alleged perpetrators were initially identified, the Public Prosecutor still does not have the evidence necessary to bring them to trial.” 14. It reported that on June 3, 2004, the four members of the National Guard accused were ordered placed in pretrial detention. It stated that the accused individuals filed several appeals “in order to ensure facts that could perfectly be characterized as extralegal, arbitrary, or summary executions remained in impunity and to prevent being convicted of them under our justice system.” It reported that on May 20, 2005, precautionary measures in lieu of pretrial detention were granted to the four accused. 15. It recognized that the Public Ministry exceeded the amount of time provided by law to present the “conclusive act” of the investigation in order to begin the trial phase, but argued that this was due to the investigation’s “reasonable degree of complexity.” It rejected the alleged violation of articles 8 and 25 of the Convention, arguing that the relatives had been heard during the investigation process and had been guaranteed a simple and quick remedy. It cited practical difficulties in securing the cooperation of the inmates who witnessed the facts and who remained in the custody of the State bodies allegedly responsible, who had been transferred to other prisons, or who had been released. It argued that the State could not be treated as “guilty” as long as final criminal responsibility had not been assigned through a court judgment, as this would violate the principle of the presumption of innocence. III. ESTABLISHED FACTS A. Alleged victims and their relatives 1. Deceased alleged victims 16. Orlando Edgardo Olivares Muñoz (born December 29, 1965, in the Republic of Chile3); Joel Rinaldi Reyes Nava (born June 12, 19824); Orangel José Figueroa (born October 7, 19825); Héctor Javier Muñoz Valerio (born October 16, 19816); Pedro Ramón López Chaurán (born in 19787); José Gregorio Bolívar Corro (born on May 19, 19758); and Richard Alexis Núñez Palma (born on May 28, 19789) were inmates at the Vista Hermosa Prison in Bolívar State and died there on November 10, 2003.10 17. The Commission has the names of the following relatives: Lorenza Josefina Pérez de Olivares, wife of Orlando Olivares11; Elizabeth del Carmen Cañizales Palma, sister of Richard Nuñez; Elías José Aguirre Navas, brother-in-law of José Gregorio Bolívar; Yngris Lorena Muñoz Valerio, sister of Héctor Muñoz; José Luis Figueroa, brother of Orangel Figueroa; Jenny Leomelia Reyes Guzmán, sister of Joel Reyes Nava; and Johamnata Martínez Coralis, wife of Pedro López Chaurán12. Annex 1. Death certificate. Annex A4 to initial petition. Annex 2. Death certificate. Annex A1 to the initial petition of October 16, 2007. The names and surnames of the alleged victim are also written as “Jhoel”, “Ronaldy”, “Ronaldo”, “Rolando,” and “Navas” at different points in the documentation on this case. As it is understood that this is the same person, but unclear which is the correct version of his name, the Commission will use the spelling indicated above. 5 Annex 3. Death certificate. Annex A7 of the initial petition. 6 Annex 4. Death certificate. Annex A2 of the initial petition. The alleged victim was initially identified by the petitioners as “Héctor José Muñoz Valero;” the Commission uses the name from the death certificate. 7 Annex 5. Death certificate. Annex A6 of the initial petition. The date and month of birth are illegible. The alleged victim was initially identified by the petitioners as “Pedro Antonio López Chaurán;” the Commission uses the name from the death certificate. 8 Annex 6. Death certificate. Annex A3 of the initial petition. 9 Annex 7. Death certificate. Annex A5 of the initial petition. 10 Annexes 1-7. Death certificates. Annex A1-A7 to the initial petition. 11 Annex 8. La Nación, “We never thought they were going to kill him. Lorenza Pérez, wife of Orlando Olivares, murdered in the Vista Hermosa Prison massacre, thought the retaliation for the self-kidnapping would be a transfer” (12/23/2003). Annex to the initial petition. 12 Identified in the brief on the merits from the State, Section IV, September 20, 2013. 3 4 3