21. The State indicated that on the day of the facts, the prison was being visited by an external evaluation council “there to assess its shortcomings and resolve [the prison’s] issues.” 24 In this regard, the summary of the judicial case file provided by the State indicates the existence of a “Report of the Intervention of the Vista Hermosa Judicial Prison, dated 11-6-2003, prepared by T.S.P. Alfredo Veloz” and others. 25 The report’s contents are unknown. C. The facts of November 10, 2003 22. Preliminarily, the Commission observes that the State did not offer a definitive version of the circumstances in which the deaths and injuries of the alleged victims on November 10, 2003, took place. However, as indicated in the section on the positions of the parties, the State indicated that the actions of the National Guard can be characterized as extrajudicial executions, and the pleading of absence of international responsibility is not based on the justification of said actions but on the argument that domestic investigations remain ongoing. The implications of this will be discussed in the analysis of law. 23. On this point, the IACHR notes that the statements found in the case file offer approximately three versions: 1) the version of the inmates and the media, that there was no fight on the day of the facts but rather a plan agreed upon with the National Guard whose goal was the death of the deceased alleged victims and approximately 27 injured alleged victims; 2) the version of the National Guard members, that the alleged fight among the inmates that day left a number of them injured and dead, with the soldiers entering the penitentiary only after the situation had calmed; 3) the version of the Public Ministry and the Intervention Director, that in response to the fight, the National Guard intervened, causing injuries and deaths. 24. As noted, the IACHR understands that the State accepts the version of the Public Ministry as true (that the four men accused are the ones responsible), but it underscores the lack of a final court judgment assigning criminal responsibilities. Thus, in the IACHR’s understanding, legal determinations aside, in terms of the facts, the State recognizes that on the day of the facts, the National Guard intervened in the Vista Hermosa Prison and “as a result of this procedure,” seven victims died and approximately 27 more were injured. 25. The IACHR has a variety of evidence—including forensic reports, interviews, judicial rulings, and news items, as well as publicly-known information—the relevant parts of which will be described below. 1. The version of the inmates who witnessed the facts 26. According to inmate witnesses, at approximately 7:30 AM, the prison was calm after the morning's roll call,26 carried out by the National Guard. They stated that the cellblocks were not fighting among each other at that time.27 They reported that suddenly, the National Guard entered the prison firing shotguns loaded with buckshot, pistols, and light automatic rifles, which left bullet holes in the bars and walls of the prison.28 They took the inmates out of their cells to the prison’s internal yard29 and ordered them to face the Brief on admissibility from the State, November 12, 2008; also see Annex 17. Statement of Arón Cirilo Palacios (3/16/04); Anexo 14. Statement of Alexander Rodríguez. Annex to the initial petition. (“The guard says we’re going to kill each other, the new director wants to fix the prison, the prison is a disaster [...] the only thing I can say is that bullet for bullet, there are crazy people in there and unfortunate things can happen”). 25 Brief on the merits from the State, section IV. 26 Annex 15. Statement of Luis Enrique Figueira; Annex 10. Statement of Alcides Alcazar; Annex 17. Statement of Arón Palacios. Annex to the initial petition. It should be noted that several inmates state they were waiting for the roll call. See Annex 11. Statement of Deivis Romero; Annex 18. Statement of Carlos Durán García (3/16/04). Annex to the initial petition. 27 Annex 17. Statement of Arón Palacios; Annex 15. Statement of Luis Enrique Figueira; Annex 16. Statement of Andi Bermúdez. Annex to the initial petition (stating in particular that there was no fight between “el Vereco,” “Mato Mataguardia,” and “Goyo”). Also see Annex 11. Statement of Deivis Romero; Annex 10. Statement of Alcides Alcazar. Annex to the initial petition. 28 Annex 15. Statement of Luis Enrique Figueira; Annex 10. Statement of Alcides Alcazar; Annex 18. Statement of Carlos Durán; Annex 14. Statement of Alexander Rodríguez; Annex 13. El Universal, “Versiones encontradas de un cruento episodio” (5/12/2004). Annex to the initial petition. 29 Annex 15. Statement of Luis Enrique Figueira (stating, among other things, that “The National Guard members entered firing, the guards stopped people and took them out. They said we had guns”); Annexes 10, 16, 18, 14. Statements of Alcides Alcazar, Andi Bermúdez, Carlos Durán, and Alexander Rodríguez; Annex 13. El Universal, “Versiones encontradas de un cruento episodio” (5/12/2004). Annex to the initial petition. 24 5