agents CARA, CARM and FABP for the crimes of the murder of, and misuse of weapons against, Eduardo Landaeta. The requested investigation commenced on May 14, 1998. 128 104. On February 8, 1999, the Ninth Prosecutor filed a formal complaint against police agents CARA, CARM and FABP for the presumed perpetration of the crimes of aggravated homicide and misuse of weapons to the detriment of Eduardo Landaeta. 129 105. Owing to the entry into force of the new Organic Code of Criminal Procedure (supra para. 90), on January 7, 2000, the Second Court of the Transitory Procedural Regime of the state of Aragua (hereinafter “the Second Court”) received Eduardo Landaeta’s case file from the Court of the Santiago Mariño and Libertador Municipalities. On October 30, 2003, the Prosecutor of the Transitory Procedural Regime of the state of Aragua (hereinafter “the Prosecutor”) resumed the investigation into the case by requesting that several measures be taken in order to clarify the facts. 130 106. Between January and June 2004, the Mariño Sub-Delegation interviewed seven persons and inspected the vehicle in which Eduardo Landaeta died. Also, the Criminalistics and Criminal Scientific Investigations Unit advised the Prosecutor that the roll of film with the photographs of Eduardo Landaeta’s corpse had become hazy and the Maracay Medical Center advised that it had no information concerning the medical records of FABP, because the five-year period during which it kept its records had expired. 131 107. On July 17, 2004, the Prosecutor requested the dismissal of the case owing to the absence of sufficient evidence to indict the police agents investigated for committing the murder of Eduardo Landaeta. 132 Accordingly, on August 25, 2004, Ignacio Landaeta filed a brief with observations on the request to dismiss the case, in which he indicated that the Prosecutor had not taken several pieces of evidence into account, and asked that new measures be taken. 133 On November 9, 2004, the No. 4 First Instance Criminal Court with Oversight Functions (hereinafter “the First Instance Court”) decided to refuse 128 Cf. Brief of the Justice and Peace Human Rights Committee of the state of Aragua of August 27, 1997 (annexes to the answering brief, folio 7083); brief of the Ninth Prosecutor of March 25, 1998 (annexes to the answering brief, folio 7082), and order of the Court of the Santiago Mariño and Libertador Municipalities of May 14, 1998 (annexes to the answering brief, folio 7086). 129 Cf. Formal complaint of the Public Prosecution Service of February 8, 1999 (annexes to the answering brief, folio 7097 and 7098). 130 Cf. Note of the Second Court of January 7, 2000 (annexes to the answering brief, folio 7341), and note of the Prosecutor of October 30, 2003 (annexes to the answering brief, folio 7347). 131 Cf. Testimony of Yuribet del Valle Rujano Castro January 16, 2004 (annexes to the answering brief, folio 7362); Testimony of Ignacio Landaeta of February 13, 2004 (annexes to the answering brief of February 13, 2004, folios 7378 to 7381); Testimony of María Magdalena Mejías of February 16, 2004 (annexes to the answering brief, folio 7382); Testimony of Yasmira Thais Díaz Guerra of March 30, 2004 (annexes to the answering brief, folio 7507); Testimony to AJCG of April 17, 2004 (annexes to the answering brief, folio 7511); Testimony of Francisco Alberto Castillo Matute of May 14, 2004 (annexes to the answering brief, folio 7528); Testimony of Hector Eduardo Padilla Gorrin of June 22, 2004 (annexes to the answering brief, folio 7574); record of police technical inspection of April 16, 2004 (annexes to the answering brief, folio 7531); note of the Mariño Sub-Delegation of April 16, 2004 (annexes to the answering brief, folio 7410), and Note of the Maracay Medical Center of May 28, 2004 (annexes to the answering brief, folio 7413). 132 Cf. The Prosecutor’s request to dismiss the case of July 17, 2004 (annexes to the answering brief, folios 7582 and 7622 and 7623). 133 Among others: (1) reconstruction of the incident; (2) reasons why Eduardo Landaeta’s body revealed a partial peeling of the skin of the right gluteal region, with the same characteristics on both elbows, circular marks on both wrists and bruising on his lower lip; (3) ballistics appraisal of the three bullets extracted from Eduardo Landaeta’s body, and (4) determination of whether the vehicle which was transferring Eduardo Landaeta really had bullet holes in the back seat or on the inner side of the back doors. Cf. Brief of August 25, 2004, with observations on the request to dismiss the case (annexes to the answering brief, folios 7679 to 7688). 27