in December 2004, the 34th Prosecutor with nationwide jurisdiction of the Ministry of Public Prosecution had
also been assigned to intervene in the case investigation.164
117.
On April 6, 2005, the Office of the Ombudsman requested information from the Office of the
Prosecutor about the case investigation, taking into account that, based on information provided by Mr. Edgar
Ortiz, National Jurisdiction Prosecuting Attorney 34 “[…] only appeared in person at this federal entity on
December 27 and 28, 2004, and allegedly has not return since then up until the present time.”165On April 7,
2005, the ballistics trajectory and fragment collection test, among other tests, was conducted in order to
forward the samples to the CICPC laboratory for the forensic examination reports to be drawn up.166
118.
On June 9, 2005, the CICPC conducted a technical examination of a firearm handed over by
Rural Commandos Outpost No. 19167as well asthe forensic mechanical and design examination on the
machine gun, FN AFAG brand, model M61, 7.62mm caliber.168On June 10, 2005, the legal representative of the
victims in the case mentioned certain forensic examinations they had requested to be performed, which have
still not been performed,and they stressed the prejudice that this has caused their clients.169
119.
In August 2005, the Office of the Prosecutor summoned two NG officers to appear and took
the statements of persons connected to the case. In September 2005, the Office of the Prosecutor requested
forensic examinations to be conducted and took the statement of several more persons, including Mrs. Zaida
Hernández.170 Then, on September 19, the CICPC conducted forensic and technical examinations of “a casing
fragment” and “a core fragment” of a projectile extracted from the body of the alleged victim. On September
29, the CICPC performed forensic hematological and chemical examinations and a sweep test of the uniform
of Johan Alexis Ortiz171and on November 24, 2005, the Office of the Prosecutor requested a soil and granule
analysis at the site of the obstacle course and the personal information of an individual.172
164According to information provided by the Office of the Ombudsman of the State of Tachira in official letter No. DP/DDET-O00427-2005 addressed to the Seventh Prosecutor of the Ministry of Public Prosecution of the State of Tachira (Annex 105), dated April 6,
2005. Annex A to petitioners’ submission of July 6, 2005.
165Annex 105. Official Letter No. DP/DDET-O-00427-2005 addressed to the Seventh Prosecutor of the Ministry of Public
Prosecution of the State of Tachira, by the Office of the Ombudsman of the State of Tachira, dated April 6, 2005. Annex A to petitioners’
submission of July 6, 2005.
166According to information provided to Mr. Edgar Ortizby the Agent of the State for Human Rights before the Inter-American
and International Systems, in a communication of February 14, 2006 (Annex 88). Said communication was introduced as an annex to
petitioners’ submission of February 25, 2006.
167Technical examination report No. 2020 dated June 9, 2005, conducted and written by staff member assigned to the CICPC of
San Cristobal Julio César Contreras. Cited in Annex 14. Prosecution’s indictment of February 27, 2013, pgs. 13-14. Annex to petitioners’
submission of April 21, 2013.
168Forensic mechanical and design report No. 9700-134-LCT-2020 of June 9, 2005, signed by forensic toxicological laboratory
technician of the Corps of Scientific, Criminal and Forensic Investigations, Julio César Contreras. Cited in Annex 14. Prosecution’s
indictment of February 27, 2013, pgs. 14-15. Annex to petitioners’ submission of April 21, 2013.
169Annex 106. Communication addressed to the Seventh Prosecutor’s Office of the Ministry of Public Prosecution of the Judicial
District of the State of Tachira, signed by Attorney Helmisam Beiruti Rosales, dated June 10, 2005, stamped as received in the Office of the
Chief Prosecutor of the State of Tachira on June 16, 2005. Annex D to petitioners’ submission of July 6, 2005.
170According to information provided to Mr. Edgar Ortiz by the Agent of the State for Human Rights before the Inter-American
and International Systems, in a communication of February 14, 2006. Said communication was introduced as an annex to petitioners’
submission of February 25, 2006. In the charging document of the Office of the Prosecutor reference is only made to interview records of
a September 1, 2005 interview of Micahel Randolp Ortiz Rivas, student of the ESGUARNAC; and a September 8, 2005 interview of Carlos
Luis Perdomo Ortíz, graduating classmate of Johan Alexis. Additionally, it mentions a record of a January 13, 2005 interview of José
Gregorio Perdomo Somaza, National Guard sergeant assigned to the ESGUARNAC. Cited in Annex 14. Prosecution’s indictment of
February 27, 2013. Annex to petitioners’ submission of April 21, 2013.
171Forensic hematological, chemical and sweep analysis report No. 9700-134-LCT-3689 dated September 29, 2005, signed by
expert Linda Villamizar, of the Toxicological Laboratory of the Corps of Scientific, Criminal and Forensic Investigations, Tachira Police
Station. Cited in Annex 14. Prosecution’s indictment of February 27, 2013. Annex to petitioners’ submission of April 21, 2013.
172According to information provided by the Agent of the State for Human Rights before the Inter-American and International
Systems to Mr. Edgar Ortiz, in a communication of February 14, 2006 (Annex 88). Said communication was introduced as an annex to the
petitioners’ submission of February 25, 2006.