125. On April 12, 2012, the preliminary hearing was postponed before the Acting Trial Court of Control of San Cristóbal until May 4, 2012, because of non-appearance of the defendant.187 On May 22, 2012, the preliminary hearing was postponed once again until June 8 of that year, because ofdefendant’s failure to appear.188On June 21, 2012, the preliminary hearing date was set, for the seventh time,189 but once again it was postponed until July 6, 2012, due to non-appearance of the defendant.190 The preliminary hearing continued to be postponed at least two more times, according to the postponement notices of July 6, 2012191and August 14, 2012192because the defendant failed to appear.The petitioners alleged that the preliminary hearing was postponed a total of 12 times.193 The State did not dispute this information. 126. On October 4, 2012, the preliminary hearing was held. On that date, the Court decided to deny the motion of the Prosecution and ordered alternative measures to preventive detention for the defendant consisting of a ban on departing the country, reporting every two weeks to the pretrial services officer and attendance and participation in all hearings of the case. Additionally, the indictment was dismissed on the grounds that it did not meet the requirements set forth in Article 326 of the COPP in effect at the time and the “failure to observe jurisprudence and failure to conduct a complete investigation of the instant case.” Lastly, it directed the Prosecution to issue a new conclusion to the investigation, “with a basis in a full investigation into the facts,” within a period of 120 days, in accordance with Articles 281 and 283 of the COPP.194 127. On February 27, 2013, the Prosecutors of the Ministry of Assistant Prosecutor 62, prosecutor 34 with nationwide jurisdiction, assistant prosecutor 34 with nationwide jurisdiction and prosecutor 20 of the Judicial circuit of Tachira, filed an indictment before the Acting First Trial Court of Control of the State of Tachira, against Jean Carlos Rafael Malpica Calzadilla for allegedly committing the crime of intentional homicide with wanton disregard and improper use of a weapon of war.195 128. The Office of the Prosecutor determined that the day of the training exercise when Johan Alexis Ortiz died, National Guardsman Malpica was the person in charge of the obstacle known as “the rabbit hole” and that the officer was assigned “the 7.62 caliber series FN 130373, barrel serial number 832 machine gun fire arm,” with which he made “bursts of fire inside the ramp, exactly one meter and a half ahead of the students, who crossed the obstacle.” Additionally, he took into account that it was an “extremely hazardous military training drill” because of the use of armaments with live rounds of ammunition, which the students participating in it were aware of and for which they received proper training.”196 129. The theory claimed by the prosecution about the facts was that: 187Annex 117. Notice of postponement of preliminary hearing of April 12, 2012. Acting Trial Court of Control of the Criminal Judicial Circuit of the State of Tachira. Annex to petitioners’ submission of April 15, 2012. 188Annex 118. Notice of postponement of preliminary hearing of May 22, 2012. Acting Trial Court of Control of the Criminal Judicial Circuit of the State of Tachira. Annex to petitioners’ submission ofMay 24, 2012. 189Annex 119. Notice of postponement of June 14, 2012,addressed to Edgar Ortiz. Case SP21-P-2010-004926. Annex to petitioners’ submission of June 20, 2012. 190Annex 120. Notice of postponement of preliminary hearing of June 21, 2012. Acting Trial Court of Control of the Criminal Judicial Circuit of the State of Tachira. Annex to petitioners’ submission ofJune 23, 2012. 191Annex 121. Notice of postponement of preliminary hearing of July 6, 2012. Case SP21-P-2010-004926. Acting Trial Court of Control of the Criminal Judicial Circuit of the State of Tachira. Annex to petitioners’ submission of July 9, 2012. 192Annex 122. Notice of postponement of preliminary hearing of August 14, 2012. Case SP21-P-2010-004926. Acting Trial Court of Control of the Criminal Judicial Circuit of the State of Tachira. Annex to petitioners’ submission ofAugust 14, 2012. 193Petitioners’ submission of September 28, 2012. 194Annex 123. Record of preliminary hearing of October 4, 2012. Case SP21-P-2010-004926. Acting Fifth Trial Court of Control of the Criminal Judicial Circuit of the State of Tachira. Annex to petitioners’ submission ofOctober 9, 2012. 195Annex 14. Prosecution’s indictment of February 27, 2013. Annex to petitioners’ submission of April 21, 2013. 196Annex 14. Prosecution’s indictment of February 27, 2013, page 196. Annex to petitioners’ submission of April 21, 2013.