13. Furthermore, the petitioners state that in the last few years in Venezuela there has been
an increase in acts of aggression against human rights activists – both male and female. They
claim that these acts of aggression range from attacks on lives and physical integrity, threats
and harassment, to more subtle ones such as smear or intimidation campaigns. They also
state that months before he was murdered, Joe Castillo had told his team that he feared for
his life and he was going to request UNHCR to provide more security in view of the danger he
was in. The petitioners allege that the State knew of the conflict unfolding in the state of Zulia,
was aware of the activities of paramilitaries and hired murderers in the area, and they add that
it was possible that agents of the State were participating in some of these groups. The
petitioners argue that even though the acts of violence in the Colombian/Venezuelan border
area were public knowledge, the State took no steps to prevent or avoid more attacks against
lives and physical integrity, such as those which directed against the alleged victims in this
case.
14. The petitioners state that the facts referred to in this petition took place in the context
described in the foregoing paragraphs and are described below.
15. On August 27, 2003, as Joe Luís Castillo was driving in his car to his home in the Tinaquillo
district of Machiques, in the state of Zulia, Venezuela, (bordering Norte de Santander,
Colombia), with his wife, Yelitze Moreno de Castillo, and his one and a half year old son, two
persons riding a motorbike overtook the car on the driver’s side, slowed down in order to
check the identity of those in the car, and a few meters further on fired thirteen shots at Mr.
and Mrs. Castillo. The petitioners state that Joe Castillo lost control of the vehicle and crashed
into the pavement. Of the thirteen shots, nine hit Joe Castillo and caused his death. The
gunshots also wounded Yelitze Moreno de Castillo and her son, and they both needed to be
taken to the emergency ward in the city of Maracaibo where they were operated on. Yelitze
Moreno de Castillo presented with entrance and exit gunshot wounds to the left forearm, the
left side of her thorax, and to the left shoulder. The child, Luís Cesar Castillo, presented with
entrance and exit gunshot wounds to his left forearm, his two shoulders, and to the left side of
his thorax.
16. The Machique sub-office of CICPC (the Criminal Investigation police) subsequently sent the
body of Joe Castillo for medical examination and legal autopsy, and a visual inspection was
carried out of both the body of Joe Castillo and the scene of the events.
17. With regard to the progress made in the investigation, the petitioners state that on August
28, 2003, the 20th Office of the Public Prosecutor of the Judicial Division of the State of Zulia
(Fiscalía 20), opened its investigation. On September 8, 2003, the State Attorney General
instructed the 83rd Office of the Public Prosecutor responsible for Fundamental Human Rights in
the Metropolitan Area of Caracas (Fiscalía 83) to take part jointly or separately with the 20th
Office in order to investigate the case and identify those responsible.
18. The procedures ordered by the prosecutors’ offices involved were: the certificate of the
removal of the body; medical examination and autopsy; interviews of those in the vicinity;
interviews of those who knew Joe Castillo; expert examination of his vehicle; ballistic and
other measurement in his car; forensic examination of Yelitze and her son; interviews with
Yelitze Moreno de Castillo; examination by Yelitze Moreno de Castillo of photographs of three
persons without identification of any of them. These procedures were performed until
September 2004.
19. The petitioners state that the following procedures have not yet been carried out:
identification by Yelitze Moreno de Castillo of another suspect, pending since December 2004;
comparative ballistic examination, pending since November 2004.
20. The petitioners complain that to date no one has been identified as responsible for the
punishable offenses in which Joe Castillo González was murdered, and Yelitze Moreno de
Castillo and Luís César Castillo were injured.
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