2. Injured alleged victims 18. The parties identified “approximately 27 inmates injured” as a result of the facts of November 10, 2003.13 The petitioner identified the following 31 people as alleged victims of injury: Ramón Zambrano, Jovanny Palomo, Carlos Durán, Richard Vallez, Carlos Alberto Torres, Galindo Urrieta, Edwin David Díaz, Luis Filgueira, Oswal Sotillo, Rafael Vera Himi, Miguel Marcano, Marcos Pacheco, Alcides Rafael Alcaza Barreto, Jesús Manuel Amaiz Borrome, Rafael Villa Hermosa, Efraín Cordero, Carlos Alberto Martínez, Pedro de Jesús Montes Aguanes, Santa Jesús Gil Osuna, Omar Armando Vásquez, Getulio Piña Laya, Evelio Eugenio Martínez, Enrique José González, Javier Omar Lara, José Efraín Rosales Navas, Levis Simoza, Marco Antonio Ruíz Sucre, Angelo Barey Acevedo, Alexander Tejera Rodríguez, José Alberto González, and Wilmer José Brizuela Veras.14 There is evidence in the case file that the aforementioned persons—with the exception of Angelo Barey Acevedo, Alexander Tejera Rodríguez, José Alberto González y Wilmer José Brizuela Veras—were injured during the facts.15 B. Background: Events of October 2003 19. According to news items and testimony, the inmates of the Vista Hermosa Prison went on strike (also called “self-kidnapping”) on October 8-29, 2003, with support from their relatives. 16 The spokesman for this strike was José Gregorio Bolívar, also known as “Goyo.” 17 Other leaders of the strike included Pedro López Chaurán and Orlando Olivares, nicknamed “El Chileno.”18 A news item states that “all the witnesses say that the ones who were spokesmen or who signed the agreement [to end the strike] sealed their death sentences.” A photo of Goyo and Pedro Chaurán signing the agreement was included in the news item.19 Another news item stated that strikes and subsequent retaliation—including, among others, transfers far from relatives—tended to happen periodically in the prison.20 20. The case file indicates that entry of the National Guard into the prison was not exceptional. For example, the inmates knew the members of the National Guard who were implicated in the facts,21 and one of the strike’s demands was that the captain in charge at the prison be removed.22 There is also information on episodes of violence against the inmates perpetrated by the National Guard prior to the facts. According to one inmate, “a few days before, they [conducted a search] and they beat us up, you had to keep your mouth shut because if you opened it at all they’d give you five more licks.”23 Brief on the merits from the State, September 20, 2013. Petitioners’ “Additional comments on the merits of the admissibility report,” June 10, 2013. 15 In its brief on the merits, the State makes reference to “Forensic medical exam” and/or “Medical legal report” records for 26 of these inmates, although the details of their findings are not available. The brief also includes the testimony of Carlos Durán, who states that on the day of the facts, “a [National Guard member] named Nilson Cuenca beat me with a peinilla and a blunt object.” 16 Annex 8. La Nación, “Nunca imaginamos que lo iban a matar” (12/23/2003). Annex to the initial petition. 17 Annex 9, Decision of the Criminal Court of Appeals of Ciudad Bolivar (3/6/04). Annex to the initial petition. “Goyo” was also the spokesperson for the minimum security area. See Annex 10. Statement of Alcides Rafael Alcazar (3/2/04); Annex 11. Statement of Deivis Romero Lascano (3/16/04). Annex to the initial petition. 18 Annex 12. Without date or issue number. Office of the Public Prosecutor orders protection for witnesses: The spokesmen for the protest in the Vista Hermosa Prison that ended in October were murdered weeks later. Coincidence?; Annex 13. El Universal, “Versiones encontradas de un cruento episodio” (5/12/2004). Annex to the initial petition. 19 Annex 8. La Nación, “Nunca imaginamos que lo iban a matar” (12/23/2003). Annex to the initial petition. The news item states that the points of the agreement included respect for human rights during searches; respectful treatment of relatives on visits; improved hygiene and food; no retaliation against the inmates who went on strike; faster proceedings; review for the inmates who had requested benefits; and the removal of National Guard Captain Campos Lozada and prison Director Rosario del Valle Campos. 20 Annex 8. La Nación, “Nunca imaginamos que lo iban a matar” (12/23/2003); Annex 14. Testimony of Alexander Rodríguez (3/16/04). Annex to the initial petition. 21 See infra section III.C. Also see Annex 14. Testimony of Alexander Rodríguez (3/16/04). Annex to the initial petition (“The [National Guard] and the Police let guns into the prison if you pay them. Also drugs, drug sales is the only means of support”). 22 Annex 8. La Nación, “Nunca imaginamos que lo iban a matar” (12/23/2003); also see Annex 15. Statement of Luis Enrique Figueira Lizcano (3/2/04). Annex to the initial petition. (“A captain who they had been removed for our benefit because of a strike we did had left, and when the massacre happened he was the one giving orders in the facility”). 23 Annex 16. Statement of Andi Bermúdez Sifontes (3/16/04). Annex to the initial petition. 13 14 4