Guard members stopped him and shot him right there next to us. We heard six shots, they shot him in the chest and in the face. He was shot by a member of the National Guard, there had been one named Belisario.”65 35. Regarding all these facts, the Public Prosecutor’s theory of the case is that National Guard member Franchi killed Orlando Olivares; National Guard member Belisario killed Pedro Chaurán; Captain Campos killed “Goyo;” and National Guard member Puerta killed Orangel Figueroa.66 The State reported that the investigation carried out so far “has found a group of members of the National Guard under the Second Company of Detachment No. 81 to be responsible,” which was made up of the aforementioned officers plus “twenty-five soldiers.” Likewise, “evidentiary elements have emerged indicating that [the four individuals charged] are criminally responsible.”67 36. A news item specified that “Marichales, who took the pictures of the dead inmates on November 10 in the prison, [said] [...] ‘I thought it was strange that they were naked. I have seen what it’s like when bodies from riots are transferred, and they are always dressed. I also noticed the number of marks from the peinilla and shotgun pellets on all the bodies, and that's what I tried to photograph. Pretty soon I thought this could not have been a gang conflict.”68 The mentioned photographs are not available. 37. That afternoon, transfers of the surviving inmates to other prisons began.69 Several reported that the violence continued: “transfers began [...] to Puente Ayala and La Pica. They put us in the sun naked, where we were kicked and struck with peinillas. They put a rifle to my neck and were going to kill me but changed their mind, I don’t know why, maybe it was God that stopped them.”70 Several inmates said they feared for their lives after the incidents, as they and their relatives had been threatened by the National Guard— specifically, by lieutenants Puerta and Franchi and Captain Campos. For this reason, they also expressed fear when giving their statements.71 One even stated, “My family had to leave Bolívar” because of the threats they received.72 They also stated that no forensic medical examinations were conducted until a week later.73 38. Regarding the main perpetrators, the inmate witnesses stated that the person who gave orders that day was “a captain who had been removed after the [strike]. He had left, and when the massacre took place, he was the one giving orders in the facility.” 74 The IACHR understands this to refer to Captain Campos. They further indicated that “lieutenants Puerta, Franchelli, and another who was there before the strike were involved in the massacre. Another person who was involved was [prison guard] Julio.”75 One inmate stated that “about 30 officials [participated...] captains, second lieutenants from the [National Guard] [gave orders during the search], the prison guards did whatever they wanted.”76 Annex 11. Statement of Deivis Romero. Annex to the initial petition. Annex 9. Decision of the Criminal Court of Appeals of Ciudad Bolivar (3/6/04). Pg. 3 Annex to the initial petition. 67 Brief on the merits from the State. 68 Annex 12. Without date or issue. Office of the Public Prosecutor orders protection for witnesses. Annex to the initial petition. 69 Annex 10. Statement of Alcides Alcazar; Annex 15. Statement of Luis Enrique Figueira; Annex 11. Statement of Deivis Romero. Annex to the initial petition. 70 Annex 11. Statement of Deivis Romero. Annex to initial petition. 71 Annex 10. Statement of Alcides Alcazar; Annex 15. Statement of Luis Enrique Figueira; Annex 17. Statement of Arón Palacios; Annex 18. Statement of Carlos Durán; Annex 9. Decision of the Criminal Court of Appeals of Ciudad Bolivar (3/6/04). Annex to the initial petition. In this regard, “a [National Guard member] told me I had three [options:] one, release from prison; two, that they put me in prison in a different [city]; or three, tell my relatives to buy me a grave site.” Annex 16. Statement of Andi Bermúdez; also see Annex 19. Letter from the OVP to the Public Ministry (7/12/04). Annex L9 to the initial petition (reporting that 29 inmates who witnessed the facts and had been transferred to the Barcelona prison were transferred back to Vista Hermosa and “request help from our organization to lobby the competent authorities to ensure their physical safety”). 72 Annex 18. Statement of Carlos Durán. Annex to initial petition. 73 Annex 10. Statement of Alcides Alcazar; Annex 18. Statement of Carlos Durán. Annex to the initial petition. 74 Annex 15. Statement of Luis Enrique Figueira. Annex to the initial petition. 75 Annex 17. Statement of Arón Palacios. Annex to the initial petition. 76 Annex 15. Statement of Luis Enrique Figueira. Annex to the initial petition. 65 66 8