records of lieutenants Cabezas and Piedra, and the additional statement of Police Captain Milton Patricio
Ramírez Herrera.116
115.
The First National Police District Court found that:
[Based on an] examination of the evidence, it is concluded: (1) That at at Ríobamba Police
Station on December 3, 1992, when Captain Jooffre Venegas asked Policeman Luis Valencia,
who was inebriated, to give him the firearm that he was carrying, the latter refused and as
Captain Venegas was leaving he was hit by a bullet in the back, while Policeman Luis Lema
was struck in the arm, which shots were fired by Policeman Luis Valencia […]. [Policeman
Luis Valencia] then fled, thinking that he had killed his colleagues and hid in a hut at
Ríobamba Tennis Club ... ; (2) That the depression into which he fell because of his remorse
at having shot a superior officer and a colleague, probably due to the fact that he thought
that he had killed them and influenced by his inebriated state, prompted him to commit
suicide; (3) It has been technically and scientifically established that the gunshot that caused
Policeman Luis Valencia's death was fired at short range, a contact shot, making it
impossible for it to have been caused by the suspects, given their distance from the hut in
which Policeman Valencia was hiding, which rules out the possibility of a homicide or
murder.- Based on the foregoing, since the existence of a punishable act or omission has not
been proven in accordance to law, in keeping with Article 160 of the Police Code of Criminal
Procedure, the decision to dismiss with prejudice referred by the lower court for
consultation under appeal is hereby upheld in favor of the accused police lieutenants Hernán
Vicente Cabezas Gallegos and Luis Vicente Piedra Meza, and National Policeman Guillermo
Modesto Páez Orbe.- The private indictment presented by Mrs. Patricia Alexandra Trujillo
Esparza is neither malicious nor reckless.- So ordered.”
VI.
LEGAL ANALYSIS
116.
The Commission notes that the main discrepancy between the parties has to do with the
circumstances in which the death of Jorge Valencia Hinojosa occurred. While the State considers, based on the
investigation, that it was by suicide, the petitioners argue that it was the result of actions by state agents and
that there are a number of pieces of circumstantial evidence that were not disproved by the investigation
carried out.
117.
In this regard, the Commission recalls that the international protection of human rights
should not be confused with criminal justice. The objective of international human rights law is not to punish
those individuals who are guilty of violations, but rather to protect the victims and to provide for the
reparation of damages resulting from acts attributable to the State. 117
[… continuation]
mentions the occipital bone as a result of a typing error by the secretary. Appendix 2. First National Police District Court. Judgment of
March 5, 1997. Appendix to the State’s communication of February 7, 2011, received at the IACHR on February 14, 2011.
116 In which he said that “apart from lieutenants Cabeza and Piedra there was no one else there except the [patrol car] drivers,
who remained outside; that he did not overhear Lieutenant Piedra say in reference to Policeman Valencia that 'that Valencia is dead
because he’s going to die'; that he learned that Policeman Valencia had hidden in a hut in the Chimborazo Tennis Club from the patrol car
central dispatch and from a group of curious onlookers who made hand signals indicating as much; that he arrived on the scene ... after
Messrs. Cabezas and Piedra since he did not hear any shooting whatsoever and the positions of the two officers were that they were lying
prone in front of the door of the security guard's quarters at a distance of approximately 30 meters, and when they noticed his arrival
they said to him, ‘Captain, let’s go into the building because Policeman Valencia seems to have killed himself since we heard a shot from
inside it”; he instructed them to do so, whereupon the two officers entered the building, making a bit of an effort to force open the door
and immediately came out again, signaling that Policemen Valencia was dead ... he repeated that at no point did he hear a gunshot
discharged by any party, that first the two officers entered the place where Policeman Valencia was dead, after which the declarant did
so; he also indicates that Policeman Valencia is presumed to have taken his own life.” Appendix 2. First National Police District Court.
Judgment of March 5, 1997. Appendix to the State’s communication of February 7, 2011, received at the IACHR on February 14, 2011.
117
par. 134.
I/A Court H.R. Velásquez Rodríguez Case v. Honduras. Preliminary Objections. Judgment of June 26, 1987. Series C No. 1,