29
of possible physical perpetrators of the acts.146 The Commission also notes that, according to submissions of
the petitioners not disputed by the State, Yelitze Moreno de Castillo approached the Office of the Attorney
General on several occasions to request the performance of tests to identify the alleged culprits 147 and to
request greater speed in the investigation. 148 However, a reading of the record in the possession of the
Commission reveals the below-described omissions.
126.
To begin with the Commission notes that Yelitze Moreno de Castillo did not examine the
photograph of Orlando Antonio Peña Luzardo. On August 10, 2005, the Office of the 20th Prosecutor sent the
Office of the 83rd Prosecutor, at the request of the latter, the photograph of Orlando Antonio Peña Luzardo; 149
however, said examination was not carried out.
127.
In second place the Commission notes that photographs while alive were not collected of the
citizens killed in the confrontation of November 20, 2003.
128.
Third, no ballistics comparison tests were performed between the firearms captured from
Orlando Antonio Peña Luzardo and from the citizens killed in the confrontation of November 20, 2003, and
the bullets that struck Joe Luis Castillo González which were recovered by the CICPC.150
129.
In fourth place the Commission finds that the CICPC did not investigate to a sufficient extent
the allegations received by telephone on September 10, 2003, by Assistant Police Chief Rafael Viloria attached
to Machiques CICPC, in which it was claimed that paramilitaries from Cúcuta, Colombia were involved in the
attack on Joe Luis Castillo González and his family.151 It should be noted that the complainant indicated the
vehicle in which the alleged perpetrators traveled. 152 The record shows that the investigators managed to
obtain more details about the ownership of the vehicle reportedly used by the persons allegedly involved in
the murder of Joe Luis Castillo González. Accordingly they mounted a surveillance operation on the vehicle
and saw three individuals get into it.153 Nevertheless, the individuals were not identified. On September 16,
2003, a forensic examination was made of the aforesaid vehicle and it was found that the security and chassis
serial numbers were false.154 However, the record in the possession of the Commission does not suggest that
any additional procedures were carried out.
146
Office of the 83rd Public Prosecutor, Record of September 17, 2003, Petitioners’ brief on merits received at the IACHR
on July 13, 2007. Not contested by the State.
147
Office of the 83rd Public Prosecutor, Record of January 21, 2004, Petitioners’ brief on merits received at the IACHR on
July 13, 2007. Not contested by the State.
148
Office of the 83rd Public Prosecutor, Record of August 10, 2004, Petitioners’ brief on merits received at the IACHR on
July 13, 2007. Not contested by the State.
149
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, Official letter
ZUL- 20- 1774-2005, August 10, 2005, p. 204. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not
contested by the State.
150
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, Official letters
ZUL-F20-1776-05 and ZUL-F20-1780-05, August 10, 2005, pp. 206 and 208. Annexes to the petitioners’ brief received at the
IACHR on June 3, 2008. Not contested by the State.
151
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, police report,
September 10, 2003, p. 83. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the State.
152
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, police report,
September 10, 2003, p. 83. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the State.
153
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, police reports,
September 11, 2003, pp. 84-88. Annexes to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the
State. “We spotted the aforementioned vehicle and, therefore, decided to set up surveillance in order to see who got into it. After two
hours we saw three adult males climb into the vehicle and set off to an unknown destination.”
154
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, imprint of
vehicle, September 16, 2003, pp. 91-93. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by
the State.