performed, which determined as the cause of the death “acute anemia due to perforation of
right lung and liver produced by bullet from firearm.”234 On September 1 and 2, 1998, the
judicial police requested the deceased’s criminal record and received the statements of two
individuals in relation to supposed criminal acts committed by him one week earlier, and of
four police agents who had taken part in the incident on August 28, 1998.235 In addition,
between September 1998 and February 1999 other investigative procedures were
conducted.236 On June 18, 1999, the judicial police sent the case file to the Urdaneta
Municipal Court.237 Due to the entry into force of the Code of Criminal Procedure on July 1,
1999, the case file was twice transferred to different courts.238
collected as evidence; (d) interviews with three witnesses; (e) transfer of evidence, two rifles and four cartridges,
to the Judicial Police, and (f) “evidence of the criminal acts of the [deceased]” were forwarded, cf. Record of site
inspection by the Technical Unit of the Judicial Police of the Aragua region, Villa de Cura Police Station of August
28, 1998; Police records of the Technical Unit of the Judicial Police of the Aragua region, Villa de Cura Police
Station, and Police record of the Public Order an Security Unit, Southern Region, Police Zone No. 31 of August 28,
1998; Record of site inspection No. 646 of the Technical Unit of the Judicial Police of the Aragua region, Villa de
Cura Police Station of August 28, 1998; Police record of August 28, 1998; Note No. 1991 of the Commander of
Police Zone No. 31 of August 28, 1998; Note No. 074 of the San Francisco de Cara Parish Police Station of August
28, 1998, forwarding the evidence collected on criminal acts (file of attachments to the Commission’s Report No.
11/10, tome I, attachment 1, folios 2907, 2908, 2910 to 2916, 2921, 2922 and 3024).
234
Cf. Report of August 31, 1998, on the result of autopsy No. 591-98 (file of attachments to the
Commission’s Report No. 11/10, tome I, attachment 1, folio 3046).
235
Cf. Note of the Technical Unit of the Judicial Police of the Aragua region, Villa de Cura Police Station of
September 1, 1998 (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folio 3048);
Statements of Apolinar Morales Mauro and Héctor Enrique Machuca Arriechi of September 1, 1998 (file of
attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folios 3050 to 3054); Police record of
the Technical Unit of the Judicial Police of the Aragua region, Villa de Cura Police Station of September 3, 1998 (file
of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folios 3056 and 3057); Record of the
appearance of Alexis José Amador Mujica before the Technical Unit of the Judicial Police on September 2, 1998 (file
of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folios 3002 to 3005); Record of the
appearance of Amilcar José Henriquez Cedeno before the Technical Unit of the Judicial Police on September 2, 1998
(file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folios 3007 to 3009); Record of
the appearance of Carlos Alberto Sandoval Valor before the Technical Unit of the Judicial Police on August 2, 1998
(file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folios 3011 and 3012), and
Record of the appearance of Rizzon Vicente Superlano Rojas before the Technical Unit of the Judicial Police on
September 2, 1998 (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folios 3014
and 3015).
236
They included: (a) on September 15, 1998, the zone No. 31 Police Headquarters forwarded the judicial
police the six weapons of the agents who participated in the incident, which were sent to the crime laboratory for
expert forensic, mechanical and design inspection and ballistic comparison; the results were presented on January
15, 1999, concluding that “[the] bullet [provided as the one that caused the death] was not fired by any of the […]
firearms [examined]”; (b) forensic examination, restoration of serial numbers, and ballistic comparison of two
firearms and three cartridge shells related to the facts; the expert appraisal concluded that the two 12-caliber
cartridges were fired by one of the firearms in question, and (c) statements were taken from Eloisa Barrios, Jorge
Antonio Barrios Ortuño and Víctor Daniel Cabrera Barrios. Cf. Note No. 229 of the Commander of police zone No.
31 of September 15, 1998, and Police record of the Technical Unit of the Judicial Police of September 15, 1998 (file
of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folios 3062 to 3064); Memorandum
No. 6251 of the Head of the Technical Unit of the Judicial Police of September 15, 1998 (file of attachments to the
Commission’s Report No. 11/10, tome I, attachment 1, folio 3066); Report No. 9700-064-LC-709.98 of the
Technical Unit of the Judicial Police of January 15, 1999, and Forensic examination of bullet of January 21, 1999
(file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folios 3068 to 3077); Forensic
examination, restoration of serial numbers and ballistic comparison by the crime laboratory of the Technical Unit of
the Judicial Police of January 21, 1999 (file of attachments to the Commission’s Report No. 11/10, tome I,
attachment 1, folios 3079 to 3081); Testimony of Eloisa Barrios of January 26, 1999 (file of attachments to the
Commission’s Report No. 11/10, tome I, attachment 1, folios 2924 and 2925); Testimony of Víctor Daniel Cabrera
Barrios of February 25, 1999, supra note 66, folio 2931, and Testimony of Jorge Antonio Barrios Ortuño of
February 27, 1999 (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folios 2927 to
2929).
237
Cf. Note No. 9700-081-4335 of the Technical Unit of the Judicial Police of June 18, 1999 (file of
attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folio 3022), and Attestation of reception
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