immediate area of the location.” 36 The Office of the Public Prosecutor also went to take the statement of Lieutenant Colonel Luis Raúl Morales Rodríguez, the person allegedly responsible for firing the shots. 37 However, he had been placed in custody of the Military Prosecutor’s Office; where a preliminary investigation was opened. 38 35. On August 24, 1998, the Military Prosecutor’s Office decided to open a criminal action against Lieutenant Colonel Luis Raúl Morales Rodríguez as alleged perpetrator of the crime of homicide under Articles 192 and 193 of the Criminal Code of the State of Chihuahua, in relation to Article 57 of the Code of Military Justice. 39 On August 30, 1998, the Office of the Public Prosecutor declined jurisdiction of the case and transferred the file to the Military Judge assigned to the Third Military Region in Mazatlán Sinaloa, pursuant to Article 57 of the Code of Military Justice. That same day, the military judge opened criminal case No. 3979/98 and issued a formal commitment order for Luis Raúl Morales Rodríguez 40. 36. On September 2, 1998, Tomás Trueba requested the intervention of the National Human Rights Commission (hereinafter “NHRC”) in the investigation of the facts. 41 On November 30, 1998, the NHRC indicated that there was a jurisdictional situation and that it corresponded to the military criminal jurisdiction to adjudge on whether the alleged perpetrator was guilty. 42 The petitioners noted that since the beginning of the proceedings before the military criminal jurisdiction the next of kin of Mirey Trueba Arciniega were denied access to information on that status of the case. In addition, the court where the case was heard was thirty hours away from where they live. 43 37. In response to the complaints of the representatives about the lack of access to information on the proceedings, the Military Prosecutor’s Office referred the next of kin to the NHRC. 44 On February 22, 2000, the military judge convicted Luis Raúl Morales Rodríguez of the crime of simple intentional homicide of Mirey Trueba Arciniega, sentencing him to eight years of regular prison and a disqualification from reentering the army of eight years. 45 38. On January 19, 2001, the Supreme Military Court resolved the appeal filed against the condemnatory judgment. In the judgment, Luis Raúl Morales Rodríguez was convicted as physical and involuntary perpetrator of the crime of manslaughter. Thus, the sentence was reduced to one year, eleven months and fifteen days of prison. The Supreme Military Court 36 Brief of October 6, 2008, by the petitioners, addressed to the IACHR (brief containing evidence, folio 153). Cf. Official Letter No. 2408/98 of December 21, 1998, by the Office of the Public Prosecutor of Chihuahua, addressed to the Head of Department of that institution (brief containing evidence, folio 182). 37 38 Cf. Official Letter No. 2408/98 of December 21, 1998, by the Office of the Public Prosecutor of Chihuahua, addressed to the Head of Department of that institution (brief containing evidence, folio 183). 39 Cf. Report of November 30, 1998, by the National Human Rights Commission in which it forwarded the information in file No. 98/5007-1 (brief containing evidence, folio 93). Cf. Report of November 30, 1998, by the National Human Rights Commission in which it forwarded the information in file No. 98/5007-1 (brief containing evidence, folio 94). 40 41 Cf. Report of November 30, 1998, by the National Human Rights Commission in which it forwarded the information in file No. 98/5007-1 (brief containing evidence, folio 87). 42 Cf. Report of November 30, 1998, by the National Human Rights Commission in which it forwarded the information in file No. 98/5007-1 (brief containing evidence, folio 94). 43 Cf. Initial petition dated August 2, 2001, filed by the petitioners, addressed to the IACHR (brief containing evidence, folios 60 and 62). 44 Cf. Brief of August 24, 2004, by the State addressed to the IACHR (brief containing evidence, folio 116). 45 Cf. Brief of August 24, 2004, by the State addressed to the IACHR (brief containing evidence, folio 115). 11