70.
In a letter addressed to the Commander of the Second Division and Garrison of the State of
Táchira, the petitioners denounced that after submitting the communication of March 5, the father had been
banned from being present at the military courthouses and that officer Jean Carlos Malpica had been
summoned to the Office of the Standing Office of the Prosecutor before the Court Martial where “he was
forced to sign a document [in which] he denies the interview that they held with [them] and its content.” The
petitioners denounced that up until that time, they had been unable to gain access to the case file.64
71.
On April 16, 1999, the father requested information about the motion to gather evidence.65
On April 20 of that year, the Office of the First Military Prosecutor informed Mr. Edgar Ortiz that he could not
grant his request because he was not accredited in his capacity as a party to the case.66 On April 20, 1999, the
Standing Court Martial of San Cristóbal issued arrest warrants against members of the National Guard: Eddin
Ruben Villasmil Antunez, Rafael Antonio Villasana Fernández and Fidel Camilo Rodríguez Barrolleta, for
alleged commission of the crimes of failure to obey orders and military negligence and against Jean Carlos
Malpica for the crime of negligent homicide.67
72.
On May 5, 1999, the parents of Johan Alexis Ortizdenounced before the Office of the Chief
Prosecutor of the State of Tachira that irregularities were being committed in the case before the military
court, that they had been denied access to information on the evidence gatheredin the case file being heard
before the Military Court of Guasdualito and the Standing Court Martial of San Cristóbal and asked for
information to be requested from these authorities about the case.68
73.
On June 28, 1999, the father denounced before the Ministry of Public Prosecution that he felt
threatened by officers of the National Guard and feared for his, his family’s and Johan Alexis Ortiz’s mother’s
safety.69 On July 6 of that year, the father denounced before the Office of the Military Prosecutor that after the
arrest warrants were issued against the NG officers linked to the case, he had been “threatened, harassed and
persecuted” by a Captain of the institution who was there the day of the combat training exercise when his
son died, but [was] the “only one of the officers against whom no arrest warrant was issued.”70 Both times the
father made these charges, he asked for these acts to be investigated.
74.
On July 22, 1999, the Court Martial upheld, at the appeals level, the arrest warrant against
officer Malpicaand overturned the decision with regard to the other officers on the grounds that their liability
for the crimes as charged had not been determined “with certainty.”71
64Annex 45. Communication of April 12, 1999, addressed to the Commander of the Second Division and Garrison of the State of
Tachira, Army Brigadier General Gonzalo García Ordoñez, signed by Edgar Ortiz and Zaida Hernández. Annex to petitioners’ submission
received on June 16, 2000.
65Annex 46. Letter addressed to First Military Prosecutor of the Standing Court Martial of San Cristóbal Luis Vega, signed by
Edgar Ortiz and Zaida Hernández. Annex to petitioners’ submission received on June 16, 2000.
66Annex 47. Communication of April 20, 1999, addressed to Edgar Ortiz, by the First Military Prosecutor before Standing Court
Martial [Navy] Lieutenant Luis Ignacio Vega Rodríguez. Annexto petitioners’ submission received on June 16, 2000.
67See: Annex 48. Decision of the Court Martial of the Bolivarian Republic of Venezuela, May 29, 2000. Annex 1 to petitioners’
submission of August 28, 2000; and Annex 49. Decision of the Court Martial of the Bolivarian Republic of Venezuela, August 22, 2001.
Annex K of petitioners’ submission received on February 25, 2002.
68Annex 50. Letter addressed to the Chief Prosecutor of the State of Tachira, Hernan Roa Contreras, signed by Edgar Ortiz and
Zaida Hernández, dated May 5, 1999. Annex to petitioners’ submission received on June 16, 2000.
69Annex 51. Letter of June 28, 1999, addressed to the Fourth Prosecutor’s Office of the Ministry of Public Prosecution, signed
by Edgar Humberto Ortiz Ruiz. Annex to petitioners’ submission received on June 16, 2000.
70Annex 52. Letter of July 6, 1999, addressed to the Office of the Military Prosecutor of the Standing Court Martial of San
Cristóbal, signed by Edgar Humberto Ortiz Ruiz. Annex to petitioners’ submission received on June 16, 2000.
71See: Annex 48. Decision of the Court Martial of the Bolivarian Republic of Venezuela, May 29, 2000. Annex 1 to petitioners’
submission of August 28, 2000; and Annex 49. Decision of the Court Martial of the Bolivarian Republic of Venezuela, August 22, 2001.
Annex K of petitioners’ submission received on February 25, 2002.