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.