26. In light of the driver’s actions, the State reports that the police authorities began pursuit of the vehicle. The State alleges that despite multiple warnings to stop, the driver continued to flee at high speed. The State claims “the police authorities were forced to fire on the vehicle in order to halt its escape; even so, it continued on until it reached a sparsely populated area where it stopped and the driver ran away, abandoning the illegal migrants who were on board.”4 The State alleges that, principally as a result of the driver’s actions, Patricio Roche Azaña and four other persons were wounded and Pedro Bacilio Roche Azaña lost his life. 27. The State reports that the National Police began an investigation that determined that the migrants were being illegal trafficked, and it referred five police officers to the Office of the Attorney General for Justice so that their level of criminal responsibility could be determined at trial and the identity of the individual who was transporting the migrants, who fled the scene, could be established. The State submitted a copy of the criminal case file with a summary of the proceedings. 28. With regards to the failure to take a statement from the alleged victim, Patricio Fernando Roche Azaña, during the criminal proceedings, the State claims that in order to take his statement and inform him of his rights and the fact that he was being represented by the Office of the Attorney General, during the legally mandated period, the First District Criminal Judge of Chinandega came to the hospital on April 30, 1996 where Patricio Fernando was interned. However, on account of his critical medical condition, the judge was unable to take his statement before the deadline. The State emphasizes that the law establishes a single, non-extendible deadline of ten days for these procedures. 29. The State notes that Nicaragua’s Directorate of Migration and Nationality authorized the departure of the foreigners to their countries of origin, tacitly extending them a pardon from the State of Nicaragua by not initiating criminal proceedings for their status as illegal foreign migrants. 30. In the proceedings against the police officers involved, the State believes it acted in accordance with its obligation of pursuing crimes on an ex officio basis and with all the other formalities and principles set out in the procedural law then in force. It further adds that the courts discharged all the requisite formalities, including taking depositions from the witnesses and from the illegal migrants who were traveling with Pedro Bacilio Roche and his brother on the day in question. 4 Submission from the State, received July 5, 2007. 6