Prosecutor of the Ministry of Public Prosecution of the State of Aragua in order for the events occurring on January 6, 2003 to be elucidated and to conduct several investigative steps in the investigation; as well as other acts of harassment committed subsequently and to the detriment of other members of the family. Specifically, the initial petition referred, inter alia, to a complaint logded on May 2, 2003 filed by Alexandra Gualdron and Enmary Dahiana Cava for the “constant harassment and hounding to which they were subjected” by the police force involved, and the incidents which occurred on April 26, 2003, where they were the targets of unlawful entry into their residence, verbal assault, threats with firearms and the illegal deprivation of liberty of Miguel Ángel Díaz Loreto.70 In this regard, the petitioners claimed that no response was provided to said complaints. The State did not refute said information. 2. First judicial proceedings 63. On June 13, 2003, the Office of the Ninth Assistant Prosecutor of the Ministry of Public Prosecution of the Judicial District of the State of Aragua, filed charges against the seven officers of the Security and Public Order Force of the State of Aragua (CSOPEA).71 On this occasion, the Prosecutor’s Office requested that orders for their deprivation of liberty, prohibition from leaving the country, and removal from performance of their duties as police officers be decreed against the seven officers.72 64. The charging document of the Office of the Prosecutor established that “[…] the police officers [charged] overstepped their limits by violating the right to life, and […] could have applied mechanisms of peaceful deterrence and not disproportionately and therefore […] their conduct [constituted] flagrant viola[tion] of Article 3 of the universal declaration of human rights […] as well as Article 43 of the Constitution of the Republic […] they violated the fundamental human right enshrined in Article 19 and 55 of the Constitution […].73 70 Likewise, the following complaints are mentioned: i) May 5, 2003, filed by Dinorah María Díaz Loreto, Bladimir Lenin, Miguel Ángel, Jairo Alexis, Alexandra Gualdron and Enmary Cava in which they denounce the acts which took place on January 6, 2003 and that they were unable to gain access to the case file; and ii) May 16, 2003, filed by Luis Aguilera, in which he requests that several investigative steps be taken, including the reenactment of events, taking of testimony of witnesses and experts who were involved in the case, and the failure to conduct an investigation into the events which occurred on April 26, 2003. See: initial petition of March 14, 2007, pgs. 20-23. 71 In this regard, the charging document indicts the officers for the following crimes: 1) Saúl Ricardo Ramos Mora, Chief Inspector of the Police Station of la Segundera of Cagua, for the crime of the intentional homicide of Robert Díaz Loreto, “which is proven by the result of the expert witness’s ballistics comparison test, the finding of which was that the bullet provided as incriminating evidence and which was extracted from the body of the deceased […] was fired by the firearm: 9 millimeter caliber pistol Glock make, serial number EMS616 and which […] is the reglamentary weapon issued [to the officer] and with which he acted on the day the crimes occurred. As well as the crime of complicity to the intentional homicide” of David Octavio Díaz Loreto and Octavio Díaz Álvarez; 2) Rafael Antonio Barreto Araque, Chief Inspector assigned to the Motorized Brigade, for the crime of “immediate collaborator in the intentional homicide” of Robert Ignacio Díaz Loreto, and the crime of “complicity to the intentional homicide” of David Octavio Díaz Loreto and Octavio Díaz Álvarez; 3) Luis Dicamilo Colmenares, Second Corporal of the Police Station of Cagua, for the crime of “immediate collaboration in the intentional homicide” of Robert Ignacio Díaz Loreto, and the crime of “complicity to intentional homicide” of David Octavio Díaz Loreto and Octavio Díaz Álvarez; 4) José Francisco Maldonado Archila, Distinguished Private of the Security and Public Order Force detailed to the Police Station of Cagua, for the crime of “immediate collaboration in the intentional homicide” of Robert Ignacio Díaz Loreto, and the crime of “complicity in the intentional homicide” of David Octavio Díaz Loreto and Octavio Díaz Álvarez; 5) Jorge Luis Alvarado Hernández, First Corporal assigned to the Motorized Brigade of Cagua, for the crime of “immediate collaboration in the intentional homicide” of Robert Ignacio Díaz Loreto, and the crime of “complicity in the intentional homicide” of David Octavio Díaz Loreto and Octavio Díaz Álvarez; 6) Erick Gilberto Torrealba Urbina, First Corporal, for the crime of “immediate collaboration in the intentional homicide” of David Octavio Díaz Loreto and Octavio Díaz Álvarez; and 7) Jesús Ramón Franco Martínez, Assistant Inspector assigned to the Police Station of la Segundera, for the crime of “immediate collaboration in the intentional homicide” of Robert Ignacio Díaz Loreto, and the crime of “complicity in the intentional homicide” of David Octavio Díaz Loreto and Octavio Díaz Álvarez. 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 Overshight Judge of the Crminal Judicial Circuit of the State of Aragaua on the date of June 13, 2003. Annex to initial petition of March 14, 2007. 72 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 Overshight Judge of the Crminal Judicial Circuit of the State of Aragaua on the date of June 13, 2003. Pg. 40. Annex to initial petition of March 14, 2007. 73 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 Overshight Judge of the Crminal Judicial Circuit of the State of Aragaua on the date of June 13, 2003. Pg. 40. Annex to initial petition of March 14, 2007. 17

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