methodology and technique. 344 Consequently, the bullet that had remained in the
body of the young Landaeta was not recovered; rather it was found by the
gravedigger of the cemetery, and could not be analyzed because it contained
cement residues (supra paras. 110);
d) A ballistics comparison of all the bullets recovered was not made in order to
establish the weapons used, even though Ignacio Landaeta Muñoz requested this
on several occasions, 345 and the prosecution 346 requested hematological tests on
the said bullets; a request to which the personnel of the CICPC Criminalistics
Laboratory did not respond. The numerical inconsistency between the injuries
caused to Eduardo’s body by the bullets, the number of cartridges cases found at
the crime scene and the number of bullet holes in the vehicle that transported
Eduardo Landaeta; inconsistencies that were argued in the indictment (supra
para. 195);
e) The evidence provided during the proceedings before the Court does not reveal
that the State conducted a serious and thorough investigation in order to clarify
the presumed participation of the hooded individuals who, according to the
versions of the police agents, had intercepted the vehicle that was transporting
Eduardo Landaeta 347 (supra para. 73). In addition, the case file does not show
that relevant procedures were implemented to establish the whereabouts of the
presumed vehicle that struck the vehicle in which Eduardo Landaeta was being
transported, and no line of investigation was opened to identify the masterminds,
despite the statements concerning the threats received by the victim (supra
paras. 56 and 57). Furthermore, the case file before Court does not show the
existence of procedures aimed at clarifying what happened, taking into account a
joint line of investigation related to the previous death of Igmar Landaeta;
f)
344
842).
There is no record in the Court’s case file that significant measures were taken to
identify and locate the weapons assigned to the police agents who were carrying
out the transfer, which were reported lost having presumably been taken by the
supposed hooded individuals who intercepted the vehicle in which Eduardo
Landaeta was being transported. Despite this, on June 29, 2004, the weapons
continued to be reported as lost, “wanted for the offense of theft.” 348 Even though
the prosecutor was advised 349 that the type of weapon used by the police agents
was not 7.65 mm caliber (the type of cartridges found at the scene of the crime),
the weapons assigned on the day of the death was not confirmed, 350 and
Testimony of expert witness José Pablo Baraybar of January 29, 2014 (merits file, folios 838, 839 and
345
Cf. Undated brief submitted by Ignacio Landaeta requesting judicial procedures (file of annexes to the
answering brief, folio 7551).
346
The prosecution requested the hematological testing on the three bullets recovered from the body of
Eduardo Landaeta on two occasions; however, the requests went unanswered. Cf. Note of the prosecutor of
the Transitory Procedural Regime of November 23, 2005 (annexes to the answering brief, folio 7809), and Note
repeating this request on June 19, 2006 (annexes to the answering brief, folio 7842).
347
The State merely indicated in its final written arguments, in answer to the question posed by the Court
during the hearing in this case, that this was being investigated at the present time, in the context of the
criminal proceedings instituted with regard to the death of Eduardo Landaeta, without sending any specific
evidence in this regard. Cf. The State’s brief with final arguments (merits file, folio 1202).
348
Cf. Note No. 11 issued by the Public Order and Security Corps of January 6, 1997, attesting the loss of
the weapons assigned to the police agents who transferred Eduardo Landaeta (annexes to the answering brief,
folio 7842), and Note No. 9700-064-ST-011430 issued by the Criminal, Penal and Scientific Investigations
Corps on June 29, 2004, attesting that the weapons have been requested for the offense of theft (annexes to
the answering brief, folio 7578).
349
Cf. Note No. 005 issued by the Public Order and Security Corps on April 1, 2004 (annexes to the
answering brief, folio 7405).
350
Cf. Note No. 05FTMCM-19121-05 issued by the prosecutor of the Public Prosecution Service for the
Transitory Procedural Regime on November 21, 2005 (annexes to the answering brief, folio 7807).
73