all covered with mud, he had mud inside his eyes, mouth, nose and all of his clothes were covered in mud,
actually sewage.”52
D.
Investigations and judicial proceedings instituted into the death of the Díaz Loreto
Brothers and their father Octavio Díaz Álvarez
1.
Case file No. G-282.677 of the Scientific and Forensic Crime Investigation Unit (CICPC)
51.
Based on available information in the case file, the death of the alleged victims was
investigated as a single case. The petitioners alleged, and it was not refuted by the State, that the inquiry was
opened on the basis of the reputed shooting confrontation reported by CSOPEA. The IACHR does not have a
copy of the order to open the investigation. Notwithstanding, the case file contains an evidence submission
form with a reference on record that the investigation of case No. G-282.677 was opened for the crime of
“confrontation,” naming as the offended party the “Venezuelan State” and, as defendants, Octavio Díaz
Álvarez, David Octavio Díaz Loreto and Robert Ignacio Díaz Loreto.53
52.
Based on the available documentation about this investigation, several investigative steps
were ordered, including collecting the records of the previously referenced sworn statements about each of
the two versions of the facts. Below, the additional investigative steps that were ordered are described.
53.
On January 7, the following investigative steps were requested: i) expert inspection of legal
recognition, recovery of serial number and ballistic comparison of three firearms, two bullets and thirteen
percussed shotgun cartridge shells and a non percussed shotgun cartridge;54 ii) drawing of a survey diagram
of the Cagua-La Segundera Highway, Cagua, State of Aragua;55 and iii) expert ballistics trajectory test at the
scene of the crime identified as “La segundera, public roadway.”56
52 Statement of Jairo Alexis Díaz Loreto to the CICPC of Cagua. Cited in Annex 6. Bolivarian Republic of Venezuela. Ministry of
Public Prosecution. Office of the Ninth Prosecutor of the Judicial District of the State of Aragua. Official Letter No. 05-F9-1304-03.
Charging document filed with the Fifth Oversight Judge of the Criminal Judicial Circuit of the State of Aragua on June 13, 2003, page 15.
Annex to initial petition of March 14, 2007. Also in the case file is the statement of Enmaria Dayana Cava (Robert Díaz Loreto’s fiancée) in
which she also claimed that when she saw his body, she noticed that “it was wet with sewage, he did not have his garments on, his eyes
were full of dirt and his shirt was tied around his neck.” During said interview, she was asked whether she was aware of Robert Ignacio
ever being arrested previously “by any police force in particular” to which she replied “never […] I hold the officers named above
accountable should anything ever come to happen to me […].” See: Annex 30. Bolivarian Republic of Venezuela. Ministry of the Interior
and Justice. CICPC. Aragua Region – Cagua Sectional Office. Statement of Enmaria Dayana Cava Orozco of January 24, 2003. Annex to
initial petition of March 14, 2007.
53 See: Evidence submission form of seven firearms recorded in case file No. G-282.677 by the CICPC. Annex 31. Bolivarian
Republic of Venezuela. Ministry of the Interior and Justice. CICPC. Aragua Region – Cagua Sectional Office. Evidence submission form.
Cagua, February 19, 2003. Annex to initial petition of March 14, 2007.
54 See: Annex 32. Bolivarian Republic of Venezuela. Ministry of the Interior and Justice. CICPC. Forensic Crime Laboratory–
Aragua Region. Official Letter No. 9700-064-LC-0280.03, of February 15, 2003. Annex to initial petition of March 14, 2007. On the
following February 15, an expert’s report was received confirming that the shells provided had been fired respectively, by the three
firemarms on the record. Regarding the shotgun cartridge, the report indicates: “it was recorded in the physical repository of [said]
Department in order to conduct firing tests to obtain a standard shell.” See: Annex 32. Bolivarian Republic of Venezuela. Ministry of the
Interior and Justice. CICPC. Forensic Crime Laboratory– Aragua Region. Official Letter No. 9700-064-LC-0280.03, of February 15, 2003.
Annex to initial petition of March 14, 2007.
55 On the following February 26, the chief of the Forensic Crime Laboratory submitted the expert’s report requested by the
Chief of the Cagua Sectional Office. See: Annex 33. Bolivarian Republic of Venezuela. Ministry of the Interior and Justice. CICPC. Forensic
Crime Laboratory– Aragua Region. Official Letter No. 9700-064-LC-0240.03 of February 26, 2003. Annex to initial petition of March 14,
2007/It is also on the record in the case file that on these same dates another expert’s report of a topographical map of urbanización
Rafael Urdaneta, sector 01 vereda 40, Cagua, State of Aragua, was requested and submitted. Annex 34. Bolivarian Republic of Venezuela.
Ministry of the Interior and Justice. CICPC. Forensic Crime Laboratory– Aragua Region. Official Letter No. 9700-064-LC-0237.03 of
February 26, 2003. Annex to initial petition of March 14, 2007.
56 See: Annex 35. Bolivarian Republic of Venezuela. Ministry of the Interior and Justice. CICPC. Forensic Crime Laboratory–
Aragua Region. Official Letter No. 9700-064-LC-239.2003, of February 4, 2003. Annex to initial petition of March 14, 2007.
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