(…) without finding the wounded man. (…) we headed back to the clinic of the ejido and
when we arrived we found that Mirey was lifeless.26
39.
Doctor Efrén Royval Simental claimed that when he saw the body of Mr. Trueba, he noticed
that “he had been dead for at least three hours, because the wound was in the left femoral artery, this wound
causes someone to bleed out in five minutes.”27
40.
For its part, the State contended in its submission of August 2004 that after he was shot, Mr.
Trueba was taken in an ambulance to the Clinica Ejidal of Baborigame and died on the way.28 In its
subsequent submission of June 2009, it claimed that Surgeon Lieutenant Juan Gálvez immediately
administered first aid to him applying a tourniquet to control the bleeding.29 It further argued that “the
characteristics of the wound called for specialized medical treatment, which could only be obtained in the city
of Chihuahua, which was located a little further than 300 kilometers away from where the events took place.”
C.
The investigation
41.
On August 22, 1998, Mr. Trueba’s father, Tomás Trueba Loera, filed a complaint with the
Office of the Public Prosecutor of Baborigame.30 That same day, the Assistant Prosecutor of the Office of the
Public Prosecutor opened initial investigation No. 23/98.31 The Assistant Prosecutor went to the clinic of the
ejido in order to conduct a visual inspection of the body of Mr. Trueba.32 The medical certificate read as
follows:
[Mirey Trueba] presents a gunshot wound with an entry orifice a the level of the left gluteus
at the height of the bottom of the thigh or external region (…) gunshot wound with exit
orifice in the internal anterior face of the left thigh.33
42.
The Office of the Public Prosecutor also conducted a visual inspection of the scene of the
crime.34 During this inspection, eleven firearm shell casings were found.35 The petitioners also maintained
that Captain Job Edilberto García testified that “we noticed that the wounded man had no gun at all, and also,
no gun was found in the immediate area of the location.”36
43.
Additionally, statements were taken from Vidal Trueba and Jorge Jiménez.37 At a later time,
members of the Office of the Public Prosecutor went to the military base located at Baborigame in order to
take the statement of Lieutenant Coronel Luis Morales, the person allegedly responsible for firing the shots.38
A military major attorney indicated to the members of the Public Prosecutor’s Office that said statement was
26
Complaint of Tomás Trueba, August 22, 1998. Annex 2 to initial petition.
27
Complaint of Tomás Trueba, August 22, 1998. Annex 3 to initial petition.
28
State’s communication of August 23, 2004.
29
State’s communication of June 19, 2009.
30
Complaint, August 22, 1998. Annex 2 to initial petition.
31
Official Letter No. 32161, November 30, 1998. Annex 5 to initial petition.
32
Official Letter No. 32161, November 30, 1998. Annex 5 to initial petition.
33
Official Letter No. 32161, November 30, 1998. Annex 5 to initial petition.
34
Official Letters No. 2402/98. Annex 29 to Petitioners’ communication of October 6, 2008.
35
Official Letters No. 2402/98. Annex 29 to Petitioners’ communication of October 6, 2008.
36
Petitioners’ communication of October 6, 2008.
37
Official Letter No. 32161, November 30, 1998. Annex 5 to initial petition.
38
Official Letter No. 32161, November 30, 1998. Annex 5 to initial petition.
7