bullet wounds resulted in his death. 2 The inspection carried out by the Military Intelligence Sectorial Department established that the distance between the training field and San Rafael Hospital is 14.3 kilometers. Traveling at 80 Km/H, transportation from one point to the other takes approximately 18 minutes and 45 seconds. It was also established that “the route from the subversive field to local route 4 is a 600 meter long furrowed dirt road in extremely poor state.” 3 It also indicated that in various consultations, specialists were critical of conducting this type of simulation using real bullets rather than dummy ammunition which is routine in this type of exercise.4 12. The petitioners allege that the death of their son initially was investigated jointly by the Technical Judicial Police of San Cristobal and the Military Court of Guasdualito, in Apure State. The military personnel allegedly involved in the incident refused to testify before the Technical Judicial Police despite repeated summons, asserting that they would only testify before the military justice system. The petitioners claim that in the course of the investigation conducted by the military justice system, certain basic evidentiary procedures were not carried out, including a forensic examination of the uniform that Johan was wearing on the day the events occurred. It was further reported that the investigatory authorities delayed to the point of negligence the exhumation of the corpse, so that the body had entered the liquefaction stage making it impossible to observe and determine readily the projectiles’ trajectory. 13. On March 3, 1998, the Commander of the Guasdualito Garrison ordered the Permanent Military Judge of First Instance of Guasdualito to open a preliminary military investigation, which was begun on March 5, 1998, excluding the ordinary courts from hearing the case. On June 16, 1998, the Military Court issued an arrest warrant against Gean Carlos Malpica Calzadilla, for the alleged commission of the common crime of negligent homicide [homicidio culposo]. On July 20 of that year, the court ordered the detainee released on bond. 14. On February 28, 2000, the Third Military Prosecutor of San Cristóbal formally charged National Guardsman Gean Carlos Malpica with the alleged commission of the crime of negligent homicide and charged three other members of the military as military co-authors. The Military Judge of First Instance of Guasdualito partially 2 According to the stipulations of the Order of Operations for “Anti-Subversives Course I [“I Curso Anti Subversivo”], February 1998, based on the hierarchy of responsibilities, the officers responsible for imparting the instruction had orders to: “Take extreme safety precautions in instructional events using special equipment, weapons, and/or explosives. Verify the permanent presence of medical personnel and a first aid team during each exercise, and in the event of their absence, postpone initiation of the exercise and request their presence. Verify the immediate availability in the exercise field, or very close by, of a means of land or air transport for emergency evacuation in case of serious injury, and to the contrary, postpone initiation of the exercise and demand the presence of such transportation.” Course of the National Guard Training School GRAL DIV. (GN-F) Víctor Anselmo Fernández Escobar, cited by the Third Military Prosecutor of San Cristóbal, in a February 28, 2002 ruling, p. 3. 3 Military Intelligence Sectorial Department [Dirección Sectorial de Inteligencia Militar], document created on September 16, 1999, signed by Platoon Sergeant [Sargento Segundo] Miguel H. Molina and Squad Leader [Cabo Primero] Ramón Gómez Urbina 4 Conclusions of the report by the Human Rights Committee of the Legislative Assembly of Táchira State on the investigation into the death of citizen Johan Alexis Ortiz, presented to the President and Deputies of the Delegated Commission of the Legislative Assembly of Táchira State, San Cristóbal, January 16, 1999, p. 7. In these conclusions, the Human Rights Committee of the Legislative Assembly of Táchira State observed: “Based on the actions, interviews, and documentation collected by the Investigative Committee, a series of irregularities were encountered in the National Guard School of Cordero, as evidenced by procedural errors and ignorance of routine norms and procedures that made the homicide of Johan Alexis Ortiz Hernández possible in the field of the Rural Commandos of Caño Negro. An example of these irregularities is the use of real bullets rather than dummy bullets, and the absence of the most minimum medical or first aid assistance on site, in light of the risk faced by the students.”