against the defense team of the parents, made up at the time of attorney Darcy Rosales and attorney Helmisan
Beiruti.113
97.
According to attorney Darcy Rosales, she did not know the reason why the disciplinary
inquiry had been opened.114It was reported in the media that the disciplinary investigation was allegedly
linked to statements provided to the media by the private defense attorneys of the parents of Johan Alexis
Ortizregarding the case and to a communication sent by Mrs. Zaida Hernández questioning the decision.115
98.
On August 10, 2000, the parents submitted a communication to the Disciplinary Tribunal of
the Bar Association of the State of Tachira, voicing heir concern over the “total disadvantage” at which they
would be if a decision were made affecting the exercise of their defense through the private attorneys. On
said occasion, they also denounced that their attorneys had received death threats as a result of their
involvement in the case.116
99.
The Commission does not have any documentary support to the aforementioned disciplinary
case proceedings in order to be able to establish the reasons why it was opened or the outcome thereof. The
State did not submit any arguments regarding the documentation provided by the petitioners on this claim.
Promotions of military officers linked to the case
100.
In the case file before the IACHR, there is documentation pertaining to promotions that were
allegedly granted to military officers, who were linked to the criminal investigation into the death of Johan
Alexis Ortiz. Some of these promotions were granted in July 2000, when the court proceedings were still
ongoing in the military criminal court.117Specifically, the press reported that National Guard Lieutenant
Coronel Rijana Lucero (charged by the Military Prosecutor’s Office in February of that same year for the crime
of “joint military liability in the negligent homicide”) had been promoted to the next highest rank of
Coronel.118 Additionally, the information released mentions promotions granted to National Guard officers
Méndez Figueroa, Villasana Fernández and Jiménez Hernández.119
101.
Accordingly, Johan Alexis Ortiz’s parents denounced that,with regard to promotions, the
Organic Law of the National Armed Forces in force at the time had been broken, inasmuch it establishes the
following:
113Annex 75. Press articles from the daily newspaper Diario Los Andes of August 11, 2000, and Diario La Nación of August 13,
2000. Annex 5 to petitioners’ submission of August 28, 2000.
114Annex
75. Daily newspaper Diario Los Andes, August 11, 2000. Annex 5 to petitioners’ submission of August 28, 2000.
115Annex 75. Daily newspaper Diario Los Andes, August 11, 2000. Annex 5 to petitioners’ submission of August 28, 2000.
Newspaper article from La Nación, August 13, 2000. Annex 5 to petitioners’ submission of August 28, 2000. Also see: Annex 76. Press
article from la Nación, Johan Alexis sigue en espera de justicia militar en Venezuela[‘Johan Alexis still awaits military justice in Venezuela’],
San Cristóbal, October 19, 2000. Annex N to petitioners’ submission received on February 25, 2002.
116Annex 77. Communication submitted to the Presiding Officer and other members of the Disciplinary Court of the Bar
Association of the State of Tachira, by Mr. Edgar Ortiz and Mrs. Zaida Hernández. San Cristobal, August 10, 2000. Annex 6 to petitioners’
submission of August 28, 2000.
117See: Annex 78. Communications submitted by Mr. Edgar Ortiz and Mrs. Zaida Hernández and addressed to Attorney General
of the Republic Isaías Rodríguez, dated January 27, 2005; to the Chairman and other members of the State Legislative Council of Tachira,
dated January 27, 2005; to the Office of the Ombudsman’s delegate en San Cristóbal, State of Táchira, dated February 3, 2005. Annexes F,
G and I, respectively, to petitioners’ submission of March 29, 2005.
118Annex 79. Press article from daily newspaper El Nacional, July 12, 2000. Annex to petitioners’ submission of August 28.
Press article from Diario La Nación, July 13, 2000. Annex to petitioners’ submission of August 28. Press article from Diario de Los Andes,
July 13, 2000. Annexto petitioners’ submission of August 28, 2000.
119Press article from La Nación, July 13, 2000. Annex to petitioners’ submission of August 28; Press article from Diario de Los
Andes, July 13, 2000. Annexto petitioners’ submission of August 28, 2000.