50.
On February 22, 1998, the petitioners met with Lucy Vega, the doctor who had attended
Johan Alexis Ortiz. She told them that Mr. Ortiz had come to the hospital in a clean state and without any
scratches. The parents of the alleged victim further denounced that their son’s uniform had disappeared “or
at least was not handed over to the [Judicial Technical Police] for expert examination.”33
51.
On February 25, 1998, Johan Alexis Ortiz’s parents reiterated their request to open an
investigation before the Ministry of Public Prosecution and denounced that as of February 19, they were
“receiving anonymous telephone calls in which they were incited to inquire into the death of their son” and
“another string of anonymous phone calls, in which they were threaten with death,” in order to get them to
stop investigating the death of their son. They claimed that: “they were warned that they had young children
and it would be a shame that the children would be orphaned since we run the same fate as Johan Alexis.”34
52.
The petitioners denounced before the Ministry of Defense that in one of the anonymous calls
they were told that the death of Mr. Ortiz had not been an “accident”35and also that the death could be
connected to the death of another student of the same Academy, which took place the previous year, and that
this incident had been mentioned by the alleged victim to his parents just days before dying, because he and
other classmates were conducting inquiries into the case.36
53.
On March 4, 1998, Johan Alexis Ortiz’s parents met with NG Coronel José Rafael Villamizar
Valdez, then Director of the ESGUARNAC of Cordero, who informed them that he was away on a trip at the
time of that particulartraining exercise, but that he had left strict instructions to not use live rounds of
ammunition. They also asked him whether the students of the ESGUARNAC knew the staff of the Rural
Commandos who participated in the combat training exercise, to which he replied that they did not. This was
because Mrs. Zaida Hernández had found some days earlier in a pair of Mr. Ortiz’s pants, a slip of paper with
her sons handwriting on it on which you could only make out the names of three staff members: “Captain
VILLASMIL, Second Lieutenant Rodríguez andPrivate First Class [Corporal] MALPICA”37.
54.
On March 5, 1998, on the order of the Guasdualito Garrison Commander,military preliminary
investigation case file No. 008-98 into the death of the alleged victim was opened before the Military Trial
Court Judge.38On March 10, 1998, the petitioners requested the Office of the Attorney General of the Republic
to open an investigation to elucidate the death. They also denounced threatening telephone calls and that the
military authorities refused to offer sworn statements before the PTJ, despite being summoned to do so
repeatedly.39 On March 16 of that year, Mr. Ortiz’s parents also brought a complaint before the Military Court
of Guasdualito40 and on March 27 of that year reiterated their request before the Office of the Attorney
33Annex 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.
34Annex 24. Communication of February 25, 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.
35
See: Annex 23. Case Report prepared by Edgar Ortiz and Zaida Hernández. Section titled “Summary of incidents related to
the case of the death of Johan A. Ortiz,” document stamped as received by the Ministry of Defense. Date illegible, pages 34-35. Annex to
petitioners’ submission received June 16, 2000. These complaints were also published in press articles, See for example: Annex 25. Press
article of April 2, 1998. No source. Annex to original petition of March 15, 2000.
36Annex 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.
37Annex 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.
38According to Annex 26. Official Letter No. 6122 of the Ministry of Defense, of September 22, 1998. Annex to the Report of the
Standing Human Rights Committee of the Legislative Assembly of the State of Tachira on the death of Johan Alexis Ortiz Hernández, of
January 16, 1999. Annex to original petition of March 15, 2000.
39As the record shows in Annex 27. Communication addressed to the Attorney General of the Nation, Iván Darío Badell, signed
by Edgar Ortiz and Zaida Hernández, dated March 10, 1998. Annex to petitioners’ submission of June 16, 2000.
40Based on Annex 22. Communication of May 25, 1998, addressed to Minister of Defense Vice Admiral Tito Manlio Rincón
Bravo, by Zaida Hernández de Arellano and Edgar Humberto Ortiz. Annex to original petition of March 15, 2000; and Annex 28.
[continues …]