that time to the investigation as defendants, similarly supported the version of the confrontation with three
“heavily armed” subjects during the police operation of January 6, 2003. The Chief of the Aragua-Center
Region of CSOPEA also reported, based on information that he heard about the operation over radio
broadcast, that there was a confrontation with three subjects accused of committing a robbery.42
44.
Another officer of the CSOPEA, who did not participate in the police operation but provided a
statement in the investigation conducted by the CICPC, testified that “[…] he lived near the area where the
crimes had occurred and that he didn’t know the persons that had been shot in the procedure, but that he
knew second hand about the area [that] one of them was nicknamed “DAVISITO”, and he had a reputation as
trouble, and on several occasions the drivers of the transportation line Luxor, had reported him for armed
robbery, but […] he didn’t know them.”43
45.
The formal charging document filed by the Ministry of Public Prosecution subsequently (see
infra D) includes the statement of the person who allegedly reported the cash robbery. In this regard, he
testifies that when he was heading in the company of the police officers to the site where he had been “held
up” they saw:
[…] the subjects who committed the crime, when they arrived there a shootout ensued,
because when the subjects spotted the police they started to fire and then [he got down] on
the ground and shortly afterwards a police officer asked him if he was hurt to which [he
answered he wasn’t, and] he indicated that they were putting one wounded man in the
patrol car to transfer him to the hospital and then they took him out, they informed him that
they had located the other two subjects and that they had gotten into a car and, therefore,
they proceeded again to drive down via la Segundera and they spotted a green vehicle, a
palio and then the officers said that it was the vehicle in which the other two subjects were
riding and when the officers called out to stop, the two subjects got out of the interior of the
vehicle shooting and there [….he jumped down] on the ground and it was then when the
gunfire exchange took place.44
2.
Available information on the version that the three alleged victims were
extrajudicially executed
46.
The IACHR notes that a resident of the neighborhood of La Urbanización La Segundera made
a statement to the CICPC as follows:
I was in the outside area of my house when suddenly about 20 uniformed police officers
arrived and ordered everyone to get inside their houses, I ran inside of my house with my
son, but I was so nervous I stood paralyzed inside my house, with the gate locked but with
the door open and that is when I saw that the policemen had gone inside of the house of […]
the Loreto family and the took Roberth out and the police officer, without uttering a word
shot him twice, the police officers continued inside Roberth’s house and shortly after when
[… continuation]
Annex 23. Bolivarian Republic of Venezuela. Ministry of the Interior and Justice. CICPC. Aragua Region, Cagua Sectional Office. Statement
of officer Erick Gilberto Torrealba Urbina, of March 14, 2003. Annex to initial petition of March 14, 2007.
42 Annex 24. Bolivarian Republic of Venezuela. Ministry of the Interior and Justice. CICPC. Aragua Region, Cagua Sectional
Office. Statement of officer Gustavo José Illas Chacón, Commissioner and Chief of Aragua Center Region, of the Security and Public Order
Force of the State of Aragua, of June 6, 2003. Annex to initial petition of March 14, 2007.
43 Annex 25. Bolivarian Republic of Venezuela. Ministry of the Interior and Justice. CICPC. Aragua Region, Cagua Sectional
Office. Statement of officer Freddy José Pimentel Lugo, First Corporal assigned to the Rafael Urdaneta Police Station of the Security and
Public Order Force of the State of Aragua, of June 6, 2003. Annex to initial petition of March 14, 2007.
44 Statement of Reinaldo Díaz Portillo to the CICPC of Cagua. Cited in Annex 6. Bolivarian Republic of Venezuela. Ministry of
Public Prosecution. Office of the Ninth Prosecutor of the Judicial District of the State of Aragua. Official Letter No. 05-F9-1304-03.
Charging document filed with the Fifth Oversight Judge of the Criminal Judicial Circuit of the State of Aragua dated June 13, 2003, pg. 9.
Annex to initial petition of March 14, 2007.
11