39. Regarding the motives of the violence, several inmates and media outlets said it was retaliation against the prison population for the strike; that “the massacre was premeditated.”77 The inmates stated that “those killed were normal inmates. Goyo was the spokesman during the strike.”78 2. The version of the National Guard, the prison guards, and other prison employees 40. According to the National Guard members whose partial statements are included in the case file, they were in the detachment barracks next to the prison when at approximately 7:20 in the morning, they heard the sound of shots coming from the prison. 79 Captain Cárdenas Trillo soon informed them that the Director requested their intervention, so they got out the riot control equipment and headed for the prison.80 They entered, but stayed to one side until the shooting stopped; then, they went on in and found the seven dead men and the wounded men. They proceeded to call the roll and search the cell blocks, confiscating a number of firearms.81 They stated that they did not see any soldiers fire any guns that were not riot control guns,82 and that they assume the dead were killed by other inmates during a fight over control of the inside of the prison.83 According to the prison guards whose statements are included in the case file, they remained outside the prison on orders of the National Guard and did not witness the facts, nor did they have any knowledge of how the alleged victims died.84 3. Version of Intervention Director Alfredo Veloz 41. Alfredo Veloz stated that the soldiers entered the prison before the shooting stopped: “When the National Guard entered, you could still hear shots inside the prison, and when they went further inside, the shooting increased. The National Guard entered with helmets, shotguns, riot control gear, [and] were also firing with their rifles. After […] they entered, the shooting increased and lasted a little while longer […] During what happened, only the National Guard was inside. I gave instructions to withdraw the guard and administrative staff from the administrative area, as the area was extremely unsafe at that time. Once the situation was contained, a roll call was conducted….”85 D. DOMESTIC PROCEEDINGS 1. Investigation of the facts 42. The investigation began on the same day of the facts.86 The evidence listed in the summary of the Public Prosecutor’s case file provided by the State includes the following evidence-gathering activities: approximately 145 interviews and 18 statements collected as evidence produced before trial; visual inspections; seven autopsies conducted on 11/11/2003; seven interviews with relatives of the deceased; two medical forensic examinations conducted on injured prison guards; a service order for the prison dated 11/10/2003; copy of the logbook, list of personnel stationed with Detachment No. 81 of the National Guard, and list of firearms assigned to them; expert examinations of firearms, bullets, and projectiles, and ballistics exams; forensic medical examinations of the injured inmates; requests to exhume the alleged victims and Annex 18. Statement of Carlos Durán. Annex to the initial petition. Annex 11. Statement of Deivis Romero; likewise, Annex 18. Statement of Carlos Durán. Also see Annex 17. Statement of Arón Palacios. Annex to the initial petition. 79 Brief on the merits from the State, section IV, September 20, 2013 (see, for example, the statements of Luís Beltrán (second in command of Detachment No. 81), Salvador Franchi Rincones, Gustavo Puerta, Belisario) 80 Brief on the merits from the State, section IV, (see, for example, the statements of Luís Beltrán, Gustavo Puerta, Belisario). 81 Brief on the merits from the State, section IV, (see, for example, the statements of Salvador Franchi Rincones, Gustavo Puerta). 82 Brief on the merits from the State, section IV, (see, for example, the statements of Luís Beltrán, Salvador Franchi Rincones, Gustavo Puerta). 83 Brief on the merits from the State, section IV, (see, for example, the statements of Luís Beltrán, Salvador Franchi Rincones, Gustavo Puerta). 84 Brief on the merits from the State, section IV. 85 Brief on the merits from the State, September 20, 2013. 86 Initial petition. Also see brief on the merits from the State (confirms the case was unsealed). 77 78 9