17
82.
On November 21, 1996, the Office of the Ninth Prosecutor in and for Aragua State
requested that the case file be forwarded in order to evaluate “the participation of police officers in the
71
performance of their duties.” On November 27, 1996, the same prosecutor's office requested
information on Gerardo Castillo Freites’ and Andrés José Castillo’s connection with the CSOP at the time
72
of the events and at the time of the request.
On January 8, 1997, the Commandant of the CSOP
73
reported that the above-named officers were still on active duty.
83.
On February 24, 1997, the Office of the Ninth Prosecutor in and for Aragua State
presented a formal indictment against officers Gerardo Castillo Freites and Andrés José Castillo García
74
for the crimes of homicide and improper use of a firearm.
84.
On September 12, 1997, the Lower Court of the Municipalities of Santiago Mariño and
Libertador in Aragua State, announced the closure of the preliminary investigation based on lack of
conclusive proof “that the punishable act had been committed” and lack of evidence of the guilt of the
75
accused officers. The evidence supporting the above decision were the statements of persons who
were present at the scene, which differed over the existence or nonexistence of an exchange of fire
76
between the officers and Igmar Alexander. That decision was upheld by the Sixth Criminal Court on
77
October 1 that same year.
85.
On November 11, 1997, the Third Superior Criminal Court in and for Aragua State
vacated the decision of September 12, 1997, mentioned in the preceding paragraph. At the same time, it
ordered the judicial detention of officers Gerardo Castillo Freites and Andrés José Castillo García, citing
“compelling evidence of guilt and criminal responsibility” against them for the crimes of a intentional
78
homicide and improper use of a firearm. This court underscored that the cause of death was a gunshot
79
to the bridge of the nose, which left a contusion ring. Furthermore, the court held that, by failing to
identify themselves and by withdrawing from the medical center where they left the body, the officers
involved did not act in a manner consistent with the standards to which they were bound as members of
80
the security forces.
86.
On May 21, 1998, the Office of the Sixth Prosecutor of the Attorney General's Office filed
charges against officers Gerardo Castillo Freites and Andrés José Castillo García for the crimes of
71
Appendix 32. Request from the Ninth Prosecutor of the Attorney General's Office to the Judicial Police Technical Corps,
November 21, 1996 (Appendix 28 to the petitioners' brief of August 14, 2009).
72
Appendix 33. Official letter to the Court of the Municipality of Mariño, November 27, 1996, (Appendix 29 to the
petitioners' brief of August 14, 2009).
73
Appendix 20. Decision of the Office of the Sixth Prosecutor in and for Aragua State Judicial District, May 21, 1998
(Appendix 34 to the petitioners' brief of August 14, 2009), p. 5.
74
Appendix 34. Formal indictment before the Office of the Ninth Prosecutor in and for Aragua State Judicial District,
February 24, 1997 (Appendix 30 to the petitioners' brief of August 14, 2009).
75
Appendix 35. Closure of the preliminary investigation by the Lower Court of the Municipalities of Santiago Mariño and
Libertador in Aragua State, September 12, 1997 (Appendix 31 to the petitioners' brief of August 14, 2009).
76
Appendix 35. Closure of the preliminary investigation by the Lower Court of the Municipalities of Santiago Mariño and
Libertador in Aragua State, September 12, 1997 (Appendix 31 to the petitioners' brief of August 14, 2009). In reference to the
declaration of the citizen José Gregorio del Rosso Dona.
77
Appendix 20. Decision of the Office of the Sixth Prosecutor in and for Aragua State Judicial District, May 21, 1998
(Appendix 34 to the petitioners' brief of August 14, 2009), p. 6.
78
Appendix 36. Decision of the Third Superior Criminal Court in and for Aragua State Judicial District, November 11, 1997
(Appendix 33 to the petitioners' brief of August 14, 2009); and Appendix 20. Decision of the Office of the Sixth Prosecutor in and for
Aragua State Judicial District, May 21, 1998 (Appendix 34 to the petitioners' brief of August 14, 2009), p. 6
79
Appendix 36. Decision of the Third Superior Criminal Court in and for Aragua State Judicial District, November 11, 1997
(Appendix 33 to the petitioners' brief of August 14, 2009).
80
Appendix 36. Decision of the Third Superior Criminal Court in and for Aragua State Judicial District, November 11, 1997
(Appendix 33 to the petitioners' brief of August 14, 2009).