case was “[…] in the preparatory phase.”156Statements received over the course of 2004157 included one on
July 15, 2004, from a National Guardsman, who was interviewed by the Office of the Prosecutor and
recounted that on February 15, 1998, he was assigned as an instructor at obstacle No. 6 of the combat
training exercise held that day and he had seen how Johan Alexis Ortiz had been shot.158
115.
On August 10, 2004, the Office of the Ombudsman of the State of Tachira addressed a
communication to the Office of the Chief Prosecutor expressing its concern over the delay in the criminal
investigation and urged him to take the necessary steps to ensure that the investigation is expedited.159 On
August 12, 2004, the CICPC conducted a new technical inspection of the combat training obstacle course of
the Rural Commandos Outpost No. 19 of the National Guard.160 On August 19, 2004, the father requested the
Office of the Ombudsman to send an official letter to the Attorney General and to the National Office of the
Ombudsman regarding “the irregularities” in the investigation proceedings.161
116.
On September 8, 2004, the CICPC conducted a new ballistic trajectory test based on an
expert analysis report identified by No. 1968 of June 1, 1998.162On December 15, 2004, Dr. Lucy Vega gave a
statement testifying that Mr. Ortiz arrived in the Hospital with wounds, without “any other type of injury” and
that she had not stitched them up because they were not bleeding.163 The information availableindicates that
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the Prosecutor to complete the investigation. Annex 102. Request submitted by Mr. Edgar Ortiz to the Seventh Office of the Prosecutor of
the Ministry of Public Prosecution of the Judicial District of the State of Tachira, dated as received at the Office of the Prosecutor on June
14, 2004. Annex A to petitioners’ submission of July 27, 2004.
156Annex 103. Official Letter No. 20F07-0798/04 addressed to Mr. Edgar Ortiz, by the Assistant Prosecutor of the Seventh
Prosecutor’s Office of the Ministry of Public Prosecution of the State of Tachira, dated July 1, 2004, with a hand-written note on which is
read date of receipt July 7, 2004 and the following: “I do not agree with the response because it does not explain to me what I requested
and does not answer my concerns, about the [removal of the investigating] official and the halting of the case [investigation].” Annex C to
petitioners’ submission of July 27, 2004.
157Based on records of interviews: dated July 14, 2004, interview of Luis Eduardo Berrio Mercado, graduating classmate of
Johan Alexis; dated July 20, 2004, interview of William Alexander Pereira Hernández, student of the ESGUARNAC in 1998; September 14,
2004, interview of Jovita Suárez, present in the emergency room of El Piñal Hospital when Johan Alexis was admitted; dated September
15, 2004, interview of María Aurora Gelves Chacón, present in the emergency room of El Piñal Hospital when Johan Alexis was admitted;
dated September 16, 2004, interview of Ana Olga Velazco de Ramírez, present in the emergency room of El Piñal Hospital when Johan
Alexis was admitted; dated September 17, 2004, interview of Sonia Margarita Márquez Rosales, nurse present in the emergency room of
El Piñal Hospital when Johan Alexis was admitted, who testified that when she received him, his shirt, pants, military boots and socks
were removed and were handed over “to military troops who arrived there;” dated September 20, 2004, interview of Paula Delgado de
Cordero, present in the emergency room of El Piñal Hospital when Johan Alexis was admitted; dated October 11, 2004, interview of Ángel
Luis Arias Escorcha, National Guard student; dated October 11, 2004, interview of Pedro Antonio Camargo Parra, Johan Alexis’s
classmate; dated October 13, 2004, interview of Elizabeth Contreras, medical services assistant of the ESGUARNAC of Cordero; dated
October 14, 2004, interview of Rosa Lisbeth Medina, staff of the Corps of Scientific, Criminal and Forensic Investigations, who took part in
the luminol testing of the obstacle course of Outpost No. 19. Cited in Annex 14. Prosecution’s indictment of February 27, 2013, pgs. 77-78.
Annex to petitioners’ submission of April 21, 2013.
158Record of July 15, 2004 interview of Gersón Secundino Jiménez Fernández. Cited in Annex 14. Prosecution’s indictment of
February 27, 2013, pgs. 77-78. Annex to petitioners’ submission of April 21, 2013.
159Annex 100. Official Letter No. DP/DDET-O-0913-2004 addressed to the Chief Prosecutor of the State of Tachira, sent by the
Ombudsman of the State of Tachira, dated August 10, 2004. Annex C to petitioners’ submission of September 27, 2004.
160Technical Inspection report No. 4053 dated August 12, 2004, signed by Detective Héctor Gamez of the Technical Judicial
Police. Cited in Annex 14. Prosecution’s indictment of February 27, 2013, pgs. 77-78. Annex to petitioners’ submission of April 21, 2013
161Annex 104. Communication addressed by Mr. Edgar Ortiz to the Ombudsman of the State of Tachira, dated August 19, 2004.
Annex B to petitioners’ submission of September 27, 2004.
162Ballistics trajectory report No. 5125 of September 8, 2004, written by the staff member of the Corps of Scientific, Criminal
and Forensic Investigations Blanca Niño. Cited in Annex 14. Prosecution’s indictment of February 27, 2013, pgs. 11-12. Annex to
petitioners’ submission of April 21, 2013.
163When she examined the photos of the body of Johan Alexis, shown to her by the Office of the Prosecutor, where the stitched
up wounds were visible, the doctor reiterated that she did not recall stitching up the thorax wound, and said that these stitches could
have been done by the Hospital nurses or at the Morgue of the Central Hospital of San Cristóbal. Record of interview of Lucy Vega,
December 15, 2004. Cited in Annex 14. Prosecution’s indictment of February 27, 2013, pgs. 95-96. Annex to petitioners’ submission of
April 21, 2013.