25
ii.
Bare Facts Investigation before the Municipal Court under the Code of Criminal
Procedure
124.
On August 13, 1998, the CTPJ forwarded the records of the investigative procedures to
the Municipal Court. In those records it was stated that no one had been arrested in the case; the officers
who detained Eduardo José Landaeta Mejías did not come forward to provide a statement; and the pair
143
of handcuffs, the rings, and the “flip-flops” were in that agency’s Recovered Objects Room.
125.
On that same date, the Municipal Court took receipt of the proceedings, ordered the
opening of an investigation, and ordered the appearance of the alleged suspects - persons unknown 144
and anyone who might have knowledge of the events.
126.
On September 21, 1998, the Municipal Court issued summonses for officers Carlos
Alexander Rojas, Carlos Andrés Requena, and Freddy Antonio Blanco, as well as for Yuribet del Valle
145
Castro.
127.
On September 25, 1998, officer Freddy Antonio Blanco Pérez appeared before the
Municipal Court to confirm his statement and follow-up statement given to the CTPJ, reiterating that he
146
had sustained a gunshot wound in the left leg as well as blows to the ribs.
On September 29, 1998,
officer Carlos Andrés Requena appeared before the Municipal Court to ratify the statement to the CTPJ.
The officer presented documents “belonging to the case that contained the names of two witnesses in this
147
procedure.”
Those documents were the official letters and incident reports connected with the arrest
148
and transfers of Eduardo José between December 29 and 31, 1996.
128.
On February 8, 1999, the Ninth Prosecutor's Office filed charges against Carlos
Alexander Rojas, Carlos Andrés Requena, and Freddy Antonio Blanco, for the crimes of “aggravated
149
homicide” and “improper use of a firearm” before the Municipal Court.
129.
On March 2, 1999, in light of these charges, the Municipal Court ordered the opening of
the relevant preliminary inquiry, the formation of the record, and the appearance of the accused. In the
150
same writ it ordered the appearance of anyone who might have knowledge of the facts.
130.
On the same date, the Municipal Court issued summonses for María Magdalena Mejías,
Carlos Alexander Rojas Alvarado, Freddy Antonio Blanco Pérez, and Carlos Andrés Requena Mendoza
151
to testify in the preliminary inquiry.
143
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, pages 178 and 179 (Appendix 2 to the petitioners’ brief
with observations on merits of July 18, 2007).
144
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, page 180 (Appendix 2 to the petitioners’ brief with
observations on merits of July 18, 2007).
145
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, pages 183, 184, 185, 186 (Appendix 2 to the
petitioners’ brief with observations on merits of July 18, 2007).
146
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, page 187 (Appendix 2 to the petitioners’ brief with
observations on merits of July 18, 2007).
147
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, page 188 (Appendix 2 to the petitioners’ brief with
observations on merits of July 18, 2007).
148
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, pages 189-202 (Appendix 2 to the petitioners’ brief
with observations on merits of July 18, 2007).
149
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, pages 16 and 17 (Appendix 2 to the petitioners’ brief
with observations on merits of July 18, 2007).
150
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, page 18. (Appendix 2 to the petitioners’ brief with
observations on merits of July 18, 2007).
151
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, pages 19, 20, 21, and 22 (Appendix 2 to the
petitioners’ brief with observations on merits of July 18, 2007).