from the media, describing the act of exhumation on that date.47 The petitioners claim that based on the
exhumation, it could be established that the bullet shots on their son’s body were whole, low caliber
projectiles.48
60.
The Ministry of Public Prosecution’s charging document, issued in 2013, refers to
exhumation of cadaver certificate No. 271-98 dated May 15, 1998. It is noted that said exhumation was
conducted by the PTJ Forensic Medical Office of San Cristóbal, in the presence of the Standing Court Martial
Judge of San Cristóbal, the Office of the Military Prosecutor and Mr. Edgar Ortiz.49 The verbatim transcript of
said certificate reads that the findings discovered on the corpse were:
[…] perforations from two (02) different projectiles whose direction was from front to back,
slightly upward, and slightly from right to left, which caused perforations in muscle mass
and soft tissue in the right axillar region, of the right lung and fracture of the sixth right
costal arch in posterior third, probably causing a massive right hemothorax due to
perforation of the right lung, which was the cause of death, inasmuch as the other projectile,
based on the characteristics observed in muscle massesin which there is noted hemorrhagic
trajectory of a projectile not penetrating bone, was not mortal.50
61.
On May 25, 1998, the petitioners reiterated to the Minister of Defense the request made by
them in April and voiced their concern that, even though the exhumation of the body had been carried out,
the PTJ had still not been requested to conduct the ballistics test and forensic examination of the weapon and
the field uniform that Johan Alexis Ortiz was wearing at the time of his death.51
62.
On June 16, 1998, the Military Trial Court issued an arrest order of NG Jean Carlos Malpica
Calzadilla for the alleged commission of the offense of negligent homicide, as set forth in Article 411 of the
Criminal Code. This decision was appealed by the defense team and the case file was transferred to be heard
by the Standing Court Martial of San Cristóbal. On July 20 of that year, the Military Court issued a release
order for the officer after granting a motion for release on bond.52
63.
On October 15, 1998, Mr. Edgar Ortiz requested the Office of the Prosecutor to ask the Chief
of the PTJ of San Cristóbal for information on steps taken regarding the expert weapon examination of the
gun allegedly linked to the crime, ballistic trajectory analysis, diagraming the scene of the crime and forensic
examination of the uniform that Johan Alexis Ortiz was wearing.The father denounced that “8 months later
we still have not had access to the case file and at the PTJ we were informed that we will only obtain said
information through the Ministry of Public Prosecution.”53 Said request was answered by the Fourth Office of
47See for example: Annex 33. Press article of thedaily newspaper Diario La Nación, Hoy exhuman restos del alumno de
Esguarnac[‘Today remains of student of Esguarnac exhumed’], May 7, 1998; and Annex 34. Press article of the daily newspaper Diario
Los Andes, Exhumación, of May 8, 1998. Annex to original petition of March 15, 2000.
48See: Annex 15. Case report written by Edgar Ortiz and Zaida Hernández. Section titled “Details pertaining to the death of
Johan Alexis Ortiz,” pg. 29 Annex to petitioners’ submission received on June 16, 2000; and Annex 35. Appeal filed by Edgar Ortiz and
Zaida Hernández, dated March 6, 2001 with the Court Martial. Annex J of petitioners’ submission received February 25, 2002.
49Exhumation of body record No. 271-98 dated May 15, 1998, conducted by forensic doctor and anatopathologist Cuauthemoc
A. Guerra, assigned to the Office of the Coroner of San Cristóbal. Cited in Annex 14. Prosecution’s indictment of February 27, 2013, pg. 9.
Annex to petitioners’ submission of April 21, 2013.
50Exhumation of body record No. 271-98 dated May 15, 1998. Cited in Annex 14. Prosecution’s indictment of February 27,
2013, pg. 9. Annex to petitioners’ submission of April 21, 2013.
51Communication of May 25, 1998, addressed to Minister of Defense, Vice Admiral Tito Manlio Rincón Bravo, by Zaida
Hernández de Arellano and Edgar Humberto Ortiz. Annex to petitioners’ submission of June 16, 2000.
52As is stated in Annex 26. Official Letter No. 6122 of the Ministry of Defense, of September 22, 1998. Annex to Report of the
Standing Human Rights Committee of the Legislative Assembly of the State of Tachira on the death Johan Alexis Ortiz Hernández, of
January 16, 1999. Annex to original petition of March 15, 2000.
53Annex 36. Communication addressed to Prosecuting Attorney IV of the Ministry of Public Prosecution, Belkis Angrisoria,
signed by Edgar Humberto Ortiz, stamped as received in the Office of the Prosecutor on October 15, 1998. Annex to petitioners’
submission of June 16, 2000.