67.
On September 23, 2003 an employee of the Vicariate expanded on her earlier
statement made on September 5th (supra para. 54) and, after being shown photographs of
the three presumed paramilitaries arrested on September 12, 2003 (supra para. 59), stated
that she could not quite recognize them, but that one of them resembled a person who had
“appeared at the offices of the Vicariate, asking for Joe [C]astillo [so that he] could process
his Venezuelan identity card.”
68.
On October 7, 2003, an individual was interviewed and made statements about his
business relationship with Mr. Castillo.
69.
On October 7, 2003, the task entrusted to the 20th Prosecutor’s Office on August 29
of that same year to “intervene in the investigation in relation to Mr. Castillo’s death” (supra
para. 51) was annulled, because the Attorney General’s Office decided to assign follow-up of
the case to the Human Rights Protection Office. The relevant communication was received
by the 20th Prosecutor on November 3, 2003. Despite this, on October 21, 2003 the
Attorney General’s Office forwarded to the 20th Prosecutor a copy of an official letter dated
September 30, 2003, issued by the Office of the Ombudsman, in which it requested “the
relevant procedures to grant measures to protect the life and personal integrity of [an
employee] of the Vicariate”. Likewise, it required the 20th Prosecutor’s Office to “process,
as soon as possible, before the Prosecutor's Office of the State, the appropriate protective
measures" and also "to coordinate all actions with [the] 83rd Prosecutor.”
70.
On October 22, 2003 83rd Prosecutor’s Office issued an official letter instructing the
CICPC to “carry out a medical examination [of Mrs. Moreno].” On November 24, 2003, the
83rd Prosecutor’s Office received an official letter containing the results of the “medical
examination [performed] on [Mrs.] Moreno.”
71.
On November 4, 2003, the 83rd Prosecutor sent an official letter to the Third Judge
of First Instance of the Criminal Court of the Jurisdiction of the State of Miranda, concerning
the measure of protection agreed on September 22 or 23 of the same year (supra para.
66). In this regard, he indicated that the agreed “custodial services” were “provided in an
irregular manner [,] as […] was reported by the beneficiary on several occasions.” He
therefore asked the “Director General of [Region 5 of the Police of the State Miranda], to
ensure faithful compliance with the agreed measures, as required by the Inter-American
Commission.” On August 29, 2003, the Commission had requested that the State adopt
precautionary measures in favor of Mrs. Moreno and Luis Castillo.
72.
On November 20, 2003, according to the 20th Prosecutor’s Office, several
newspapers reported that the individuals who had allegedly murdered Mr. Castillo had been
killed in a confrontation with security forces in Machiques de Perijá. The respective official
letter issued by the 20th Prosecutor’s Office on November 15, 2004, indicated that the
“[aforementioned] incident [had not been] proven,” and that the “information [had been]
provided by a police captain [and] was only handled by that captain.” In the incident, one
man was unhurt.36
73.
On December 3, 2003 the 20th Prosecutor’s Office received an official letter from the
CICPC containing the “[e] xpert report on the planimetric survey.”
36
As stated by the representatives in their brief of pleadings and motions.
18