80.
On September 3, 2004 the 83rd Prosecutor’s Office received an official letter from
the CICPC indicating that a forensic medical examiner would forward a “medical report [...]
on [Mrs.] Moreno”.
81.
On October 22, 2004 Mrs. Moreno appeared before the 83rd Prosecutor’s Office and
stated that the measure of protection in her favor was “not properly implemented.” She also
asked to be informed about “the results of the ballistics tests and other results of the
investigation, given the time that had elapsed and because she had been informed that the
perpetrator had allegedly been identified.” She also stated that she was “unable, for
personal reasons, to travel” to the city of Maracaibo to “carry out the line-up identification
of [the person allegedly involved in the attack against Joe Castillo and his family]” (supra
para. 78), and suggesting that “recent photographs be provided of [that person] to proceed
to identify [him].” The 83rd Prosecutor accepted this suggestion, and said that the
necessary procedures would be carried out by the 20 th Prosecutor’s Office. The 83rd
Prosecutor also agreed to instruct state institutions to “immediately implement the security
services related to the aforesaid [m]easure of [p]rotection.”
82.
On November 2, 2004 the 83rd Prosecutor’s Office issued an official letter, received
by the agency on the 12th of that same month and year, asking the 20th Prosecutor’s Office
to provide “photographs […] of the individual allegedly involved in the attack against Joe
Luis Castillo and his family] so that he could be duly identified by [Mrs.] Moreno.”
83.
On April 21, 2005 the Red de Apoyo organization and Mrs. Moreno, requested the
th
20 Prosecutor’s Office to order a ballistic comparison test of the bullets removed from the
body of Mr. Castillo with the weapons captured from the person allegedly involved in the
attack. Furthermore, it requested “an immediate response” to the request of November 2,
2004 made by the 83rd Prosecutor’s Office (supra para. 82).
84.
On August 10, 2005 the 20th Prosecutor’s Office issued a letter to the 83rd
Prosecutor’s Office, providing a copy of a color photograph of the aforementioned individual
allegedly involved in the attack against Joe Luis Castillo and his family (supra para. 78), and
the list seized from the individuals killed on November 20 (supra para. 74), who were under
investigation for a matter different to the present case. That same day, the Office of the
20th Prosecutor asked the CICPC to appoint ballistics experts to conduct a forensic
examination, examine marks left by erased serial numbers on metal and ballistic
comparisons of the firearms seized from the citizens killed in the confrontation on November
20, 2003, with the shells of the bullets that struck Mr. Castillo and were recovered by the
CICPC. Furthermore, it requested the appointment of ballistics experts to conduct a ballistic
comparison between such shells and the weapons seized from the individual whose
photograph had been sent to the 83rd Prosecutors Office. On July 6 and August 16, 2006,
the CICPC issued reports on the ballistic tests carried out on the bullet fragments and
firearms. These showed negative results, that is, they noted that the bullets had not been
fired by the weapons examined. Although the reports of July 6 and August 16, 2006, did
not expressly state it, these referred to the weapons carried by the aforementioned
person.37 On October 16, 2006, the 11th Prosecutor’s Office sent a letter to the 20th
Prosecutor’s Office forwarding the report on the ballistic comparison tests carried out on the
“firearms seized from [the] same individual” and “the bullets extracted from the bodies of
[Mr.] Castillo [ and Mrs.] Moreno […] and Luis Castillo, whose result was negative.”
37
This is evident from the comparison of the material examined and the official letters requesting the
respective expert tests.
20