13
34
other man fired shots into the air. Then, a woman got out of the car, and went over to the body, and told
35
one of the men that he had the wrong person. Several statements indicate that Igmar Alexander did not
36
have a firearm in his possession.
66.
On the other hand, the police report of the incident and other statements indicate that the
37
death was the result of an exchange of shots with police officers. An entry in the day book for day of the
killing records a telephone call received at the local police precinct reporting an exchange of shots with a
38
“citizen known as Landaeta,” who had reportedly been taken to the appropriate medical facility. That
same day the officers Andrés José Castillo and Gerardo Castillo Freites reported an exchange of shots
39
with two individuals who had allegedly been “acting irregularly.” The officers claimed to have recovered
40
41
a weapon from Igmar Alexander Landaeta Mejías, which was turned in to the Turmero Police Precinct.
67.
The available information indicates that the two men, who were later accredited as police
42
officers, picked up Igmar Alexander's body, placed it in the vehicle, and drove it to Turmero medical
center. According to the police record signed by officer Ildegar Farrera, he arrived at the outpatient center
together with another police officer, where they confirmed that the young man was taken inside.
According to the doctor at the center some unidentified individuals in a white vehicle without number
43
plates left the young man's body in the emergency room with two gunshot wounds and no vital signs.
68.
In its legal analysis the Commission analyzes the two versions in the light of the
circumstances that surrounded the events and what was established in the ensuing investigations, in
order to determine the legal consequences of the facts under the American Convention.
34
Appendix 16. Statement of Francisca Acosta Jaspe to the Judicial Police Technical Corps, November 18, 1996
(Appendix 10 to the petitioners' brief of August 14, 2009); Appendix 17. Complaint to the Sixth Court of First Instance for Criminal
Matters in and for Aragua State Judicial District, September 23, 1997 (Appendix 32 to the petitioners’ brief of August 14, 2009); and
Appendix 19. Statement of José Francisco Hernández Ramírez (Appendix 33 to the petitioners' brief of August 14, 2009).
35
Appendix 18. Statement of Adeisa de la Trinidad Moffi García to the Judicial Police Technical Corps, November 18,
1996 (Appendix 7 to the petitioners' brief of August 14, 2009); and Appendix 20. Decision of the Office of the Sixth Prosecutor of
Aragua State Judicial District, May 21, 1998 (Appendix 34 to the petitioners' brief of August 14, 2009).
36
Appendix 18. Statement of Adeisa de la Trinidad Moffi García to the Judicial Police Technical Corps, November 18,
1996 (Appendix 7 to the petitioners' brief of August 14, 2009); and Appendix 16. Statement of Francisca Acosta Jaspe to the
Judicial Police Technical Corps, November 18, 1996 (Appendix 10 and 33 to the petitioners' brief of August 14, 2009); Appendix 15.
Statement of Vicmar Lovdinet Colmenares Acosta to the Judicial Police Technical Corps, November 18, 1996 (Appendix 9 to the
petitioners' brief of August 14, 2009); Appendix 21. Statement of Cristin Jesús Chávez (Appendix 17 to the petitioners' brief of
August 14, 2009).
37
Appendix 20. Decision of the Office of the Sixth Prosecutor of Aragua State Judicial District, May 21, 1998 (Appendix 34
to the petitioners' brief of August 14, 2009). Citing the police report signed by Gerardo Castillo Freites on November 17, 1996; and
Appendix 20. Decision of the Office of the Sixth Prosecutor of Aragua State Judicial District, May 21, 1998. (Appendix 34 to the
petitioners' brief of August 14, 2009), citing statement of Zacarías de Villanueva, July Esther
38
Appendix 20. Decision of the Office of the Sixth Prosecutor of Aragua State Judicial District, May 21, 1998 (Appendix 34
to the petitioners' brief of August 14, 2009), p. 1.
39
Appendix 20. Decision of the Office of the Sixth Prosecutor of Aragua State Judicial District, May 21, 1998 (Appendix 34
to the petitioners' brief of August 14, 2009), p. 2
40
Appendix 22. Testimony of Gerardo Castillo Freites and Andrés José Castillo García referred to in the Judgment of the
Second Lower Court of the Transitory Procedural Regime of October 13, 2000. pp. 12 and 13 (Appendix 37 to the petitioners' brief
of August 14, 2009).
41
Appendix 23. Report of the Judicial Police Technical Corps, November 18, 1996 (Appendix 25 to the petitioners' brief of
August 14, 2009).
42
Appendix 16. Statement of Francisca Acosta Jaspe to the Judicial Police Technical Corps, November 18, 1996
(Appendix 10 to the petitioners' brief of August 14, 2009).
43
Appendix 24. Police record on the interview with Dr. Velmar Quintero (Appendix 15 to the petitioners' brief of August 14,
2009); and Appendix 20. Decision of the Office of the Sixth Prosecutor of Aragua State Judicial District, May 21, 1998 (Appendix 34
to the petitioners' brief of August 14, 2009), p. 2.