120.
Based on information provided by the State in the proceedings before the IACHR, on
February 16, 2006, the Directorate of Fundamental Rights Protection assigned the Office of Prosecutor 62 of
the Ministry of Public Prosecution with nationwide jurisdiction to the case.173On March 16, 2006, the CICPC
drew up a diagram174and the Office of the Prosecutor took a number of statements.175On October 22, 2007,
the CICPC conducted an intra-organ ballistics trajectory test176and it received a certified copy of the event log
book from the duty chief assigned from February 13 to February 17, 1998, a copy of the Operations Order for
the First Anti-Subversive Training Course of February 1998 and the names, ranks and duties of the
instructors and assistant instructors who worked at the First Anti-Subversive Training Course.177
121.
The IACHR does not have any information about evidence gathered from 2008 to 2010. The
indictment filed by the prosecutor’s office made no reference either to any evidence gathered over that
period. With regard to 2008, the parties reported that the events had been reenacted at the scene of the
crime and the State also noted that the Ministry of Public Prosecution, National Guard officials, CICPC experts
and the Directorate of Technical Legal Counsel of that body, were present at the reenactment.178 In response,
the petitioners contended that they were not aware of the results of said reenactment and, that after it was
completed, one of the assistant prosecuting attorneys had been taken off the investigation.179
122.
The information available indicates that in 2011, the Ministry of Public Prosecution had not
brought formal charges in the investigation proceedings and the father, in his status as victim in the case,
requested the Court to urge the Office of the Prosecutor to file charges as a conclusion to the investigation, as
provided for in the Organic Code of Criminal Procedure. Under an order of April 4, 2011 the Fifth Court set a
deadline of 120 days to conclude the investigation.180
173State’s
submission of September 6, 2006.
174Diagram Drawing No. 156-06 dated March 16, 2006, signed by Inspector José Luis Cordero, expert assigned to the Division
of Crime Analysis and Reenactment of the Corps of Scientific, Criminal and Forensic Investigations. Cited in Annex 14. Prosecution’s
indictment of February 27, 2013. Annex to petitioners’ submission of April 21, 2013.
175According to records of interviews: February 16, 2006, interview of Luís Samir Kiwan Ramírez, Brigadier General of the
National Guard in 1998; same date, interview of Jesús Harrinson Carvajal, graduating classmate of Johan Alexis; February 17,
2006,interview of Jorge Enrique Vergara Borda, who worked as an “occasional photographer” of the ESGUARNAC of Cordero in 1998;
May 23, 2006,interview of Carlos Andrés Moreno Lizcano, student of the ESGUARNAC of Cordero in 1998; same date, interview of
Franklin Aldúbral Parada Hernández, graduating classmate of Johan Alexis; May 24, 2006,inteview of José Luis Campos Álvarez,
graduating classmate of Johan Alexis; May 25, 2006,interview of Jesús Nilver Noguera Vivas, graduating classmate Johan Alexis; same
date, interview of José Ignacio Abreu Viloria, patrol techniques instructor of the students of the ESGUARNAC of Cordero; same date,
interview of Víctor Manuel Rivas Mora, Lieutenant Corporal of the National Guard and weapons and explosives instructor; May 30, 2006,
interview of Miguel Aquino Pabón Araque, graduating classmate of Johan Alexis; same date, interview of Jorge José Parra Superlano,
graduating classmate of Johan Alexis; June 6, 2006 interview of Ángel Marcelino Quintero Méndez, National Guardsman; June 7, 2006,
interviewof Ramón Armando Rosales Chaparro, National Guardsman; June 8, 2006, interview of Felicito Alfonso Pérez, graduating
classmate of Johan Alexis; and June 13, 2006, inteview of Luis Enrique Riera Segovia, National Guardsman. Cited in Annex 14.
Prosecution’s indictment of February 27, 2013. Annex to petitioners’ submission of April 21, 2013.
176Intra-organ trajectory report No. 632-07, dated October 22, 2007, signed by investigating agent Tany Bohórquez, assigned
to the Division of Crime Analysis and Reenactment of the Corps of Scientific, Criminal and Forensic Investigations. Cited in Annex 14.
Prosecution’s indictment of February 27, 2013, pg. 19. Annex to petitioners’ submission of April 21, 2013.
177According to communication No. IMUT-GDVAFE-AYU-2079 of November 12, 2007, of the Military University Institute of
Technology of the Bolivarian National Guard, sent to the Office of the Seventh Prosecutor. Cited in Annex 14. Prosecution’s indictment of
February 27, 2013, pg. 100. Annex to petitioners’ submission of April 21, 2013.
178State’s
submission of August 11, 2008.
179Petitioners’
180Annex
submission of October 15, 2008.
107. Order of April 4, 2011 and record of the same date, of the special hearing to extend the time period for the
conclusion of the investigation, issued by the Acting Trial Court of Control Five of the Criminal Judicial Circuit of the State of Tachira. Case
SP21-P-2010-004926 Annexes to petitioners’ submission of May 16, 2011.