93.
On August 23, 2001, the Military Prosecutor replied that he was not “empowered to grant
copies based on instructions given by the Attorney General of the Republic in order to avoid “[…] external
interference that could hamper [the] normal course [of the investigation] and impede the appropriate
evidence from being obtained […].” He further noted that in every instance, the sole competent authority to
authorize the issuing of certified copies to private individuals was the Attorney General himself as “he deems
appropriate and based on each particular concrete case.”106
94.
On September 4, 2001, the father requested two certified copies of the case file from the
Attorney General of the Republic107and on October 30, 2001, he denounced that he had not received a reply to
his request.108 On the same date, the Office of the Attorney General advised the father that the request had
been submitted for consideration by the Office of Legal Counsel, which then ruled that since it dealt with a
request pertaining to “[…] proceedings of which it was the responsibility of the military jurisdiction to hear,
[therefore]it should hear and decide thereon […].”109
95.
On November 6 and 15 of that year, the father submitted a request to revisit the decision
with the Office of the Attorney General, claiming that in order to exercise the right established in the
Constitution to “appeal to international bodies,” he needed to have copies of the entire criminal case file in
order to introduce it in the processing of the case before the IACHR.110 On November 14, 2001, the father
submitted another request for copies from the Office of the Chief Military Prosecutor of the Ministry of Public
Prosecution.111 The Commission does not have information on the outcome of this revisiting of the issue and
the new request that was filed.
Disciplinary investigation opened ex officio against attorneys of Mr. Edgar Ortiz and Mrs.Zaida
Hernández in the military criminal proceeding
96.
According to documentation introduced in the case file before the IACHR, after the decision
of April 4, 2000 (supra par. 78), the mother provided to the news media a written statement questioning said
decision, calling it “unfortunate, rude, unfair and gibberish.”112 Subsequently, the press reported on a
disciplinary investigation opened by the Disciplinary Tribunal of the Bar Association of the State of Tachira,
[… continuation]
105Annex 70. Motion filed with the Chief Military Prosecutor of the Ministry of Public Prosecution, signed by attorney
Helmisam Beiruti Rosales, date stamped as received August 23, 2001. Annex H1 to petitioners’ submission received on February 25,
2002.
106Annex 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 the request submitted on June 7, 2001. Annex E received on February 25, 2002.
107As is noted in Annex 71. Official Letter No. DSG-44.904 of the Office of the Attorney General of the Republic, signed by the
Director of the General Secretariat and addressed to Mr. Edgar Humberto Ortiz, dated October 30, 2001. Annex F to petitioners’
submission received on February 25, 2002.
108Annex 72. Communication submitted to the Office of the Director of Legal Services of the Office of the Attorney General of
the Ministry of Public Prosecution, signed by Edgar Ortiz, stamped as received on October 30, 2001. Annex I2 to petitioners’ submission
received on February 25, 2002.
109Annex 71. Official Letter No. DSG-44.904 from the Office of the Attorney General of the Republic, signed by the Director of
the General Secretariat and addressed to Mr. Edgar Humberto Ortiz, dated October 30, 2001. Annex F to petitioners’ submission received
on February 25, 2002.
110Annex 73. Communications submitted to the Attorney General of the Republic, signed by Edgar Ortiz, stamped as received
on November 6 and 15, 2001. Annex I3 and I4, respectively, of petitioners’ submission received on February 25, 2002.
111Annex 74. Communication submitted to the Chief Prosecutor of the Ministry of Military Prosecution, signed by Edgar Ortiz,
dated as received November 14, 2001. Annex H2 to petitioners’ submission received February 25, 2002.
112Letter from Mrs. Zaida Hernández, provided to the news media, regarding the decision of the Military Trial Court Judge of
Guasdualito. Annex 4 to petitioners’ submission of August 28, 2000.