the investigation was at a standstill and that the chief of the CICPC had not provided a response to the
requests made by the Office of the Ombudsman and the Office of the Prosecutor.145
111.
On March 22, 2004, the Directorate of Fundamental Rights Protection reported that it has
communicated with the CICPC in order to work out the situation that was the subject of the complaint146and
on June 3, 2004, the Directorate itself advised the father that instructions had been given to overturn the
detective’s transfer.147 The Office of the Ombudsman of the State of Tachira noted that the official was
reinstated to the investigation “but not on a full time basis,” in May 2004.148
112.
As to the steps taken by the Office of the Seventh Prosecutor after the start of the
investigation in 2003, the IACHR has information before it to the effect that over the course of that year
appointments were set up for interviews and requests were made to the Chief of Personnel Command of the
National Guard, summoning officials to appear to provide statements, among other things.149 In this regard,
the Prosecutor’s Office conducted interviews of several military officers and experts, who participated in the
training exercises from 1998 to 1999.150Interviews included, on April 28, 2003, inspector of the Corps of
145Annex 95. Communication addressed to the Directorate of Fundamental Rights Protection, by Mr. Edgar Ortiz, stamped as
received on March 3, 2004. Annex J to petitioners’ submission of April 7, 2004. A communication to the same effect was also addressed
to the Seventh Prosecutor’s Office of the State of Tachira by Mr. Edgar Ortiz (Annex 96), dated as received in the Prosecutor’s Office on
April 30, 2004. Annex 6 to petitioners’ submission of June 7, 2004.
146Annex 97. Official Letter No. DPDF-13-J-114-2835-04 addressed to Mr. Edgar Ortiz by the Directorate of Fundamental Rights
Protection of the Ministry of Public Prosecution, dated March 22, 2004. Annex K to petitioners’ submission of April 7, 2004.
147Annex 98. Official Letter No. DPDF-13-J-114-98-6247 addressed to Mr. Edgar Ortiz by the Directorate of Fundamental Rights
Protection of the Ministry of Public Prosecution, dated June 3, 2004. Annex 7 to petitioners’ submission of June 7, 2004. See: Annex 90.
Press article from Diario Los Andes, Caso Johan Alexis sin resolver[‘Case of Johan Alexis unresolved’], San Cristóbal, February 12, 2004.
Grouped as annex G to petitioners’ submission of April 7, 2004.
148Annex 100. Official Letter No. DP/DDET-O-0913-2004 addressed to the Chief Prosecutor of the State of Tachira, by the
Ombudsman of the State of Tachira, dated August 10, 2004. Annex C to petitioners’ submission of September 27, 2004. The Commission
does not have any further information on the reinstatement of said official to the investigation. In their communication of April 7, 2004,
the petitioners alleged that the Director of the CICPC still had not responded to the requests of the Office of the Ombudsman and that the
case continued to be “paralyzed.” In their communication of June 7 of that year, the petitioners reiterated that the investigation was still
at a stand still and that the order for the immediate reinstatement of the investigator to the case on a full-time basis had not been obeyed.
Additionally, several press articles appear in the case file referring to information published by the parents of Johan Alexis about the
case, contending that the investigation had been brought to a halt since December 2003 and about the lack of response from the Chief of
the CICPC. This information was not disputed by the State. See: Annex 101. Press article from Diario La Nación, Seis años sin poder
esclarecerse el crimen de Johan Alexis Ortiz [‘Six years later and Johan Alexis Ortiz criminal case unsuccessfully solved], San Cristóbal,
February 22, 2004. Grouped as annex G to petitioners’ submission of April 7, 2004.
149According to information provided by the Agent of the State for Human Rights before the Inter-American and international
Systems to Mr. Edgar Ortiz, in a communication of February 14, 2006 (Annex 88). Said communication was provided as an annex to
petitioners’ submission of February 25, 2006.
150See: Record of interviews conducted by the Seventh Prosecutor’s Office on the following dates: April 22, 2003, interview of
Franklin Alberto García Rivas, expert of the Technical Judicial Police; April 28, 2003, interview of Josefa Sierra de Cárdenas, expert of the
Corps of Scientific, Criminal and Forensic Investigations, which issued expert’s report No. 0870 of 1998; June 12, 2003, interview of (NG)
Major Eddin Ruben Villasmil Antunez, who testified about, among other things, the theoretical instruction that had previouslybeen
imparted to the students of the ESCUARNAC who participated in the training exercise, wherein they were ordered to “not stand up
because they could be hit by live ammo flying by” “not to stand up in obstacle No. 5 because there would be real gunshots;” and also that
the case of Johan Alexis had been “widely reported by the different local and national print and television media, these actions were for
the purpose of discrediting the military institution and obtain personal economic gain […]”;June 17, 2003, interview of National
Guardsman Antonio Elías Linares Villalobos, who testified that he was next to instructor Malpica when the training exercise began, and
that when it was Johan Alexis’ turn to go through the rabbit hole the instructor said to him “new one through, new one through, in that
moment when I heard that guardsman MALPICA was saying that to my classmate, it got my attention and I looked up toward where the
aforementioned student was, then National Guardsman MALPICA continued firing and was saying to him new one through, new one
through, at that moment my classmate crouched down and said ‘Ouch my arm, ouch my arm,’ I let instructor Guardsman MALPICA know,
by touching his arm, because the instructor had ear protectors on, he took off the ear protectors and asked me what was happening and I
told him to watch out because it seemed that he had hit my classmate […]; June 27, 2003, interview of Víctor Alberto La Cruz Delgado,
student of the National Guard in 1998; July 7, 2003,interview of Gerardo Enrique Méndez Figueroa, Deputy Officer of the Office of the
Chief of the Division of Evaluation of the ESGUARNAC of Cordero in 1998; July 14, 2003, interview of Lieutenant Coronel Alexander
Florez Lamus; July 28, 2003,interview of Gerson Daniel Varela Molina, classmate of the same graduating class as Johan Alexis; and
December 4, 2003, interview of Edgar Gregorio Rincón Carrero, student of the ESGUARNAC of Cordero. Cited in Annex 14. Prosecution’s
indictment of February 27, 2013. Annex to petitioners’ submission of April 21, 2013.