90. The Standing Committee concluded, among other things, that: The case of the homicide of Johan Alexis Ortiz Hernández is evidence of the state of impunity with which the military corps act in the State of Tachira, the sprit de corps permeating those military institutions to cooperate with the soldiers that commit criminal acts and cover them up, the disregard and contempt with which public and private agencies and citizens defending human rights are treated in those offices and the state of defenselessness of the common citizen when facing those corps.99 Based on theevidence-gathering, interviewing and documentation collected by the investigating Committee, it has been determined that there have been a number of irregularities at the National Guard Training Academy of Cordero, which manifested themselves as procedural errors and disregard of rules and routine procedures, which made possible the homicide of Johan Alexis Ortiz Hernández at the obstacle course of the Rural Commandos facilities of Caño Negro. An example of those irregularities is the use of real rounds of ammunition instead of blanks and the lack of availability of minimal medical assistance or first aid at the site of the incidents, in view of the risk run by the students.100 Along with actual and individual responsibility for the homicide of Johan Alexis Ortiz Hernández, it follows that a group of officers assigned to the National Guard School of Cordero and the Rural Commandos of Caño Negro at the time of the crime are also subject to civil, administrative and criminal liability, beginning with the Director of the School and the Officer who ordered the use of live ammunition in the training exercise.101 91. The report of the Standing Commission was approved by the Legislative Assembly on January 19, 1999 and four recommendations were included therein, which were: i) to forward a copy of the report and submit a petition to the Inter-American Commission on Human Rights for the death of Johan Alexis Ortiz Hernández; ii) denounce before the Minister of Defense, the homicide ofJohan Alexis Ortiz, on the grounds of the report submitted, and bring a motion before the respective military body to retry the case, bringing it back to the status of the first investigations of the Technical Corps of the Judicial Police; iii) issue public written protest over the actions of the Minister of Defense and other military officials, also forwarding it to the President of the Republic and to the Human Rights Committee of the National Congress; and iv) keep open the investigation conducted by the Legislative Assembly of the State of Tachira.102 The request for copies of the case file from the Office of the Third Military Prosecutor of San Cristóbal 92. The case file contains copies of the requests for certified copies of the entire military criminal case file made on April 30,103 June 7,104and August 23, 2001,105submitted by the parents of the alleged victim and his legal representative before the military authorities. 99Annex 8. 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. Finding II. Annex to original petition of March 15, 2000. 100Annex 8. 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. Finding II. Annex to original petition of March 15, 2000. 101Annex 8. 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. Finding II. Annex to original petition of March 15, 2000. 102Annex 8. 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. Finding II. Annex to original petition of March 15, 2000. 103Annex 68. Motion filed before the members of the Standing Court Martial of San Cristóbal, by attorney Helmisam Beiruti Rosales, date stamped as received on April 30, 2001. Annex G to petitioners’ submission received on February 25, 2002. 104As is noted in Annex 69. Official Letter No. 395 of the Office of the Third Military Prosecutor of San Cristóbal, addressed to Mr. Edgar Ortiz, dated August 23, 2002, providing a response to said request. Annex E received on February 25, 2002.

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