currently works as an administrative employee at a school. In February 2004, she and her
son required psychological treatment, which began that same month.
45.
Following the death of Joe Luis Castillo, on September 1, 2003 the Office of the
Vicariate received threats (infra para. 53), for which reason it closed down for two months.
After that, it re-directed its activities toward strengthening community work, giving up its
work with refugees and cases involving human rights violations.
C. Investigation of the facts32
46.
On the same day of the attack (supra para. 42), in the evening, a police official
reported the facts to the 20th Prosecutor’s Office. Said Office was informed that “police
units were safeguarding the crime scene” and that officers from the Scientific, Criminal and
Forensic Investigations Corps (hereinafter “CICPC”) “had been to the site to conduct
preliminary investigation procedures.” The CICPC also reported that it had opened a criminal
proceeding ex officio, Case No. G - 410 - 113, for "a crime against persons, (murder)” to
the detriment of Mr. Joe Castillo, Mrs. Moreno and Luis Castillo.
47.
On the same date, CICPC officials began initial investigation procedures, including a
visit to “the crime scene where [they] proceed[ed] to collect evidence and locate eye
witnesses to [take their] statements”; two site inspections which involved an examination of
the crime scene and of the vehicle in which Mr. Castillo and his family were traveling, where
“eight 9mm. bullet casings” were found, and another visual inspection of Mr. Castillo’s body,
followed by its removal and an “interview” with a person.
48.
On August 28, 2003, the following procedures were carried out: a) medical
examination and autopsy of the corpse; b) “expert appraisal of [Mr. Castillo’s] vehicle to
collect all evidence of forensic interest”; c) planimetric survey and ballistic trajectory tests
at the scene of the attack; d) preparation of Mr. Castillo’s death certificate, and e)
“interviews” with two individuals. The first, who appeared of his own accord, testified that
Mr. Castillo had problems with a builder, arising from a joint business venture. The other
witness indicated that he was a builder who had worked with Mr. Castillo, that he had a
grocery business with him and that on a Monday in August 2003, after an argument, Mr.
Castillo had taken merchandise from the shop. Also on August 28, 2003 the CICPC ordered
various procedures to be carried out by experts on the car used by Joe Luis Castillo,
including a hematology test in the vehicle; an official letter was issued that day or the next,
recording the fact that the hematology test had been carried out.
49.
On August 28, 2003, at 18:30 hours, the Office of the 20th Prosecutor, in response
to “the steps taken in criminal case No. G-410 113” which were “forwarded” to it, opened
file No. 24-F20-817-2003, ordering the start of an inquiry, aimed at investigating the crimes
of “intentional aggravated homicide,” to the detriment of Mr. Castillo, and “attempted
aggravated homicide,” to the detriment of Mrs. Moreno and Luis Castillo, stating that at that
point “it had not yet identified anyone as a suspect.” At the same time, the 20th
Prosecutor’s Office “instructed the criminal investigations body with knowledge of the facts”
to carry out various investigative procedures.33
32
Specific details of the procedures carried out in the investigation recorded in the file of attachments to the
answer of the State held by the Court are not mentioned.
33
The following procedures were ordered: “1) [c]ollect from the Forensic Medicine unit the respective
autopsy required by law, of the person who in life was named Joe Luis Castillo González[;] 2) [c]ollect the
respective death certificates and [b]urial of the corpse of [Mr. Castillo;] 3) “interview” [Mrs.] Moreno [….] so that
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