9. The petitioner argues that on September 9, 2003, the 22nd Court of First Instance (for Review) of the Criminal Judicial Circuit for the Metropolitan Area of Caracas authorized the DISIP to seize Raúl José Díaz Peña’s vehicle to take the evidence necessary for clarifying the facts that are investigated “related to detonating explosive artifacts at the offices of the diplomatic representations of the Republics of Colombia and Spain.” 9 She alleges that the pickup truck was seized and taken to the DISIP, and that an expert examination was begun without the presence of Mr. Díaz Peña, who arrived at the time it had been scheduled and not accompanied by an attorney. It is alleged that Mr. Díaz Peña signed a document that indicated that he had been a witness to the expert examination without any of the officials present explaining to him that it had begun before he arrived. The petitioner alleges that in performing the expert examination, the chain of custody was violated, and that the security, presentation, and integrity of the evidence were not assured. She indicated that the results of the expert examination determined that traces of a highly explosive substance were found in the vehicle[ 10 and that on October 6, 2003, an officer of the Homicide Investigations Division of the Criminal Justice Corps (CICPC) noted, in a police report, that the seized vehicle, property of Raúl José Díaz Peña 11, transported the explosives used in the attacks of February 25, 2003. 10. The petitioner indicates that Raúl José Díaz Peña was summonsed on numerous occasions to declare about the attacks of February 25, 2003, and that he appeared each time. 12 She notes that on January 15, 2004, the Office of the 62nd Prosecutor for the Metropolitan Area of Caracas sought an arrest warrant for Mr. Díaz Peña for allegedly committing the crimes of conspiracy (agavillamiento), public intimidation against the conservation of public and private interests, damage to public property, and moderate lesions. 13 She alleges that on January 22, 2004, the Eleventh Court of First Instance (for Review) of the Judicial District for the Metropolitan Area of Caracas ordered that Mr. Díaz Peña be detained. 14 11. As for the alleged illegal detention of Raúl José Díaz Peña, the petitioner notes that the Office of the 62nd Prosecutor sent a summons to Mr. Díaz Peña for him to come forward with his attorney to declare on February 25, 2004. She alleges that on February 25, 2004, the alleged victim appeared at the Office of the Prosecutor and at that moment the prosecutor notified him of the charges and the arrest warrant for him, and proceeded to detain him and take him to the DISIP jail at El Helicoide. 15 She alleges that contrary to the provisions of Article Instance (for Trial) of the Criminal Judicial Circuit for the Metropolitan Area of Caracas, Case No. 4J-397-2006, Reasoning of the Judgment, April 28 and 29, 2008. Attached to the petitioner’s brief received at the IACHR October 2, 2008. 9 The petitioner cites the 22nd Court of First Instance (for Review) of the Criminal Judicial Circuit for the Metropolitan Area of Caracas, September 9, 2003. Attached to the original petition received at the IACHR October 12, 2005. 10 The petitioner cites expert report No. 9700-035-5583 of the Department of Microanalysis of the Criminal Investigations Corps (Cuerpo de Investigaciones Penales y Criminalísticas, CICPC), November 5, 2003. “The waxy and whitish substance present in the samples studied and labeled, respectively, No. 1 (Freight Area) and No. 2 (Back floor – left side) correspond to a high explosive known as C4 or HARRISITIE.” Attached to the original petition received at the IACHR on October 12, 2005. 11 The petitioner cites the Police Report of the Homicide Investigations Division of the CICPC, October 6, 2003: “Chacín Sanguines Luis Gregorio, presently accused as one of the direct participants in placing the explosive devices at the diplomatic headquarters … kept the package containing the C-4 material (high explosive) … in a pick-up truck … owned by a citizen who assiduously attends the Plaza Francia de Altamira whose nickname is 'FENIX' [and identified by the police agents as Raúl José Díaz Peña].” Attached to the original petition received at the IACHR on October 12, 2005. 12 The petitioner notes that Raúl José Díaz Peña was summonsed on September 11, 2003, to DISIP headquarters; on September 12, 2003, to CICPC headquarters; on September 15, 2003, to CICPC headquarters; and on December 4, 2003, to the Directorate for Investigations into Terrorism (Dirección de Investigaciones contra el Terrorismo). Original petition received at the IACHR on October 12, 2005. 13 The petitioner cites Official Note FMP-62-0038-04 of the Office of the 62nd Prosecutor for the Metropolitan Area of Caracas, January 15, 2004. Attached to the original petition received at the IACHR on October 12, 2005. 14 The petitioner cites the 11th Court of First Instance (for Review) of the Judicial District for the Metropolitan Area of Caracas, January 22, 2004. Attached to the original petition received at the IACHR October 12, 2005. 15 In the amparo action filed August 14, 2006, Raúl José Díaz Peña’s defense noted: “… once my client accompanied by his father left the Office of the Prosecutor to take the metro, they were intercepted by the officers [of the DISIP], who, without showing him the arrest warrant, proceeded to detain my client, and some of his belongings were given to his father; nonetheless, in the act of arrest these officers note for the record that they went by the building housing the Office of the Prosecutor and perceived that there was a subject with a suspicious attitude who they asked to show his identification, and when checked on the radio this individual (Raúl Díaz Peña) appears as wanted, and he was detained and taken to the DISIP.” Attached to the petitioner’s brief received at the IACHR on August 28, 2006. 3