record of the body’s temperature being taken or if the body’s stiffness was assessed;
vi) no cause of death was established; vii) it is not clear whether the medical examiner
who performed the autopsy actually visited the scene of the crime, and viii) other
information from the autopsy is not recorded.256
218. Similarly, the Court finds that in the course of the investigation several
evidentiary or evidence-gathering procedures were not carried out, or were not
performed correctly or were carried out belatedly. In particular, the Court notes that: i)
the expert assessment on the intra-organ trajectory of the bullets that hit the victim
was carried out approximately 10 years after his death and, when it was done, could
only be based on the autopsy and, furthermore, because of this delay, the trajectory of
the bullet left inside the body of Néstor José was not recorded, and therefore the test
performed a decade later was unable to elaborate on this point257; ii) no photographs
were immediately taken of the crime scene258; iii) the ballistic comparison test was not
carried out; iv) the police weapons used in the operation were not handed in by the
police until four years after the events of January 1, 2001; v) no photographs were
taken of the weapon recovered from the scene259; vi) there is no expert report on the
ballistic tests carried out on that weapon or on the weapons of the police officers 260;
vii) no inquiries were carried out by experts to determine which police officers had fired
their weapons; viii) the planimetric survey was conducted on August 28, 2002, more
than a year and a half after the events, even though it had been requested
immediately after the death by the Seventh Prosecutor of the State of Falcón;261 ix)
the procedure for the reconstruction of the events was requested by the Seventh
Prosecutor’s Office four and half years after the events and was actually carried out in
April 2011262; x) no fingerprints were taken from the police weapons or from the gun
found at the scene of the incident, and xi) although the Prosecutor’s Office asked the
Chief Commissioner of the Technical Unit of the Judicial Police to take statements from
various officers, including Deputy Inspector Juan Alexis Rojas and Deputy Inspector
Valdemar Rodríguez on January 5, 2001, they did not render their statements until 9
months later (on September 26, 2001).263
219. Furthermore, the Court is mindful that the evidence in this case was not
properly preserved, as was reported on October 11, 2005, by the Chief of the
256
Cf. Expert report rendered by Freddy Armando Pecerreli Monterroso by affidavit on November 18,
2011 (Evidence file, volume 17, page 5578).
257
Cf. Expert report on Intra-organic Trajectory, of April 15, 2011 (Evidence file, volume 18, pages
5633 to 5634).
258
The Prosecutor’s Office requested photographic record of the scene of the incident on June 9, 2005,
i.e., four years after the events.
259
Cf. Expert report rendered by Freddy Armando Pecerreli Monterroso via affidavit on November 18,
2011 (Evidence file, volume 17, page 5571).
260
Cf. Expert report rendered by affidavit by Freddy Armando Pecerreli Monterroso on November 18,
2011 (Evidence file, volume 17, page 5571).
261
Cf. Site survey carried out by the Scientific, Penal and Criminal Investigation Corps -Delegation
State Falcón. August 26, 2002 (Evidence file, volume 21, page 6684 a 6685). Then an additional site
survey was carried out by the Scientific, Penal and Criminal Investigation Corps-Delegation State Falcón, of
August 1, 2005 (Evidence file, volume 21, page 6686 and subsq.).
262
Cf. Official letter Nº FAL-7-514-05 of June 9, 2005, Seventh Prosecutor of the Public Prosecutor’s
Office State Falcón (Evidence file, volume 1, page 290, and volume 7, page 3536) and Report on the
Reconstruction of the Facts of April 18, 2011 (Evidence file, volume 18, pages 5638 to 5652).
263
Cf. Expert report rendered by the Dr. Juan Carlos Modollel by affidavit on November 24, 2011
(Evidence file, volume 17, page 5539).
55
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