D.
Evidence collection, investigations and judicial proceedings instituted over the death
of Johan Alexis Ortiz Hernández
44.
As a consequence of the death of the alleged victim, investigations were opened by the
Technical Corps of the Judicial Police (hereinafter “CTPJ”) and in the criminal military jurisdiction under the
1962 Code of Criminal Prosecution in effect at the time and the 1998 Code of Military Justice. Additionally,
other authorities, such as the Legislative Assembly and the Office of the Ombudsman of the State of Tachira,
opened inquiries to elucidate these incidents. Subsequently, in 1999, a criminal investigation was opened in
the ordinary criminal jurisdiction.
45.
Based on the case file, in the context of the investigations and proceedings instituted in this
case, Mr. Ortiz (Senior) filed a number of requests to different authorities providing copious information
connected to the inquiries conducted by these authorities themselvesinto the circumstances in which his son
died and requesting their intervention to elucidate the facts, collect evidence and denounce irregularities, as
well as demand justice for the death of his son.
46.
In the instant examination, the IACHR has factored in several of these requests in order to
establish the appropriate legal consequences under the American Convention, though the Commission does
not claim that this is an exhaustive catalogue thereof. Following this line of logic, the Commission shall
makethe respective determinationswhile taking into account that, in processing the case, partial copies of the
domestic case file, among other things, were submitted and that the petitioners contended on several
occasions that they were unable to gain access to all of the evidence contained in the domestic case file.
1.
Investigation and proceedings in the military criminal courts
47.
On February 15, 1998, PTJ detectives conducted a visual inspection of the obstacle course of
the obstacle course of Outpost No. 19 of the National Guard, Caño Negro sector, Municipality of Fernández
Feo, State of Táchira.29 Said office opened investigation case file No. 064-715 into the death of Mr. Ortiz.
48.
During the early morning hours of February 16, the father went to the premises of Caño
Negro Rural Commandos. At this site, he was received by CaptainEddin Ruben Villasmil Antunez, who
reiterated to him the version of the “accident” and informed him that the alleged perpetrator of the shots was
National Guardsman Jean Carlos Rafael Malpica Calzadilla, inasmuch as he was acting as the instructor of the
combat training exercise.30 On February 17, 1998, the parents of Mr. Ortizrequested the Fourth Office of the
Prosecutor of the Ministry of Public Prosecution to open an investigation into his death.31
49.
On February 19, 1998, Mr. Ortiz, in the company of his wife and Mrs. Zaida de Arellano’s
husband, travelled to the facilities of the Rural Commandos,Caño Negro section. They were received at that
site by Lieutenant Coronel Alexander Florez Lamus, to whom Mr. Ortiz asked why real bullets had been used
in the combat training exercise and, he replied that he trained “men for war.”32
29Visual inspection report No. 649 of February 15, 1998, signed by officers of the Technical Corps of the Judicial Police,
Detective Camilo Bonilla and Agent Héctor Gámez. Cited in Annex 14. Prosecution’s indictment of February 27, 2013, pg. 6. Annex to
petitioners’ submission of April 21, 2013.
30Annex 16. Complaint brought by Edgar Humberto Ortiz and Zaida Hernández before Foundation Justice President Elias
Pernia, May 5, 1998. Annexto the original petition of March 15, 2000.
31Annex 19. Communication of February 17, 1998, addressed to Dr. Hernan Roa Contreras, Fourth Prosecuting Attorney of the
Ministry of Public Prosecution, signed by Edgar Ortiz and Zaida Hernández. Annex to petitioners’ submission of June 16, 2000.
32Annex 24. Communication of February 25, 1998, addressed to Dr. Hernan Roa Contreras, Fourth Prosecutor of the Ministry
of Public Prosecution, signed by Edgar Ortiz and Zaida Hernández. Annex to petitioners’ submission of June 16, 2000. Copy I Annex 3, pg.
37. Also see: Annex 16. Complaint brought by Edgar Humberto Ortiz and Zaida Hernández before Justice Foundation President Elias
Pernia, May 5, 1998. Annex to original petition of March 15, 2000.