in order to comply with the duty to investigate cases such as this, it is not sufficient to have
knowledge of the crime scene and material circumstances of the crime; rather it is essential
to analyze the information concerning the power structures that permitted, planned and
executed it, both intellectually and directly, and concerning the individuals or groups that
were interested in or would benefit from the crime (beneficiaries). This, in turn, would lead
to theories and lines of inquiry and to an examination of the crime scene, witnesses and
other probative elements. Hence, in cases such as this, it is not a question of examining the
crime in isolation, but rather of inserting it in a context that will provide the necessary
elements to understand its operational structure.146
98.
The Commission observes that the DGIC investigators themselves recognized that,
sometimes, they wanted to monitor the possible instigators; nevertheless, they were unable to do so in
official motor vehicles because these cars were "already identified." Likewise, on another occasion, DGIC
investigators requested that steps be taken to provide protection to a witness so that he/she could make a
statement in the courts and thus contribute to moving the investigation forward. The IACHR notes that, in the
case file, there is no mention of any measures adopted to overcome the above-mentioned obstacles.
99.
As for police officer Santos Mendoza, the IACHR observes that he was identified by the acting
coordinator of DGIC as the alleged instigator less than one week after Mr. Pacheco's death. Nevertheless, the
Commission notes that the case file does not indicate any step taken to identify his criminal responsibility, not
even requesting a deposition from him or making inquiries at the headquarters where he worked, among
others. There is only a 2010 report from a prosecutor indicating that "the only hypothesis that is being
worked on is that the perpetrator of the crime was a preventive police officer.”
100.
Because of what is indicated in this section, the Commission considers that, during the
development of the investigation, the State has neglected to gather evidence and seriously and exhaustively
promote basic lines of inquiry that would effectively respond to the clues that involved at least four state
authorities and that had emerged from the very start.
b.
Absence of diligence and obstacles in the investigations
101.
In the present case, the IACHR observes that, in addition to the state agents mentioned
earlier who might have been involved in Ángel Pacheco's death, at least three other persons had also been
identified as the alleged instigators of the crime. These three persons, according to the next of kin of Ángel
Pacheco, had sent him death threats before he was killed. Likewise, the IACHR notes that these three persons
had held public office, such as the former congresspersons Benjamín Cárdenas and Jorge Berrios, and the
former member of Armed Forces Salvador Cárdenas.
102.
The Commission observes that their involvement in Mr. Pacheco's killing was identified in
various DGIC reports. The case file also shows a DGIC report indicating that a gun confiscated from Benjamín
Cárdenas matched the type of gun used to kill Ángel Pacheco.
103.
Despite all of these clues, the Commission considers that the State did not adopt the
minimum steps needed to adequately investigate the alleged responsibility of these persons.
104.
Thus, for example, the IACHR observes that, despite many statements involving the abovementioned persons, including state agents, as the alleged instigators, as well as the police officer as the
alleged perpetrator, no steps were taken to judicially establish their responsibilities. On the contrary, it
appears that, during the first year and half after the crime, the investigations focused on Messrs. Maldonado,
Estrada, and Vigil. The Commission reiterates that, in the court case file, there are no clues that would make it
possible to understand this focus of the investigation. Furthermore, the IACHR stresses that, in the decision
146 I/A Court H.R., Case of Uzcátegui et al. v. Venezuela. Merits and Reparations. Judgment of September 3, 2012. Series C No.
249, para. 222.