3
arbitrary detentions and threats to his life and physical integrity owing to his activities
consisting in the filing of claims, organizing the next of kin of victims and investigating
the extra-legal execution of persons, including his own brother’s.
*
*
6.
*
That, as regards the measures of protection, the State reported as follows:
a)
On December 20, 2004, “the 1st Prosecutor of the Public Prosecutor’s
Office of the Court Circuit of the State of Falcón granted an audience to Mr.
[U]zcátegui, who expressed that he was being constantly harassed and
intimidated by alleged officials of the State’s Police Forces.” Based on the
above, the Dirección Sectorial de los Servicios de Inteligencia y Prevención
[Sectoral Department of Intelligence and Prevention Services] was ordered
to protect and patrol his house starting January 1, 2005;
b)
Between February 2003 and March 2006, various calls were made at
petitioner’s home, but he was there on a very few occasions only;
c)
On September 7, 2005, a meeting was held between Mr. Uzcátegui
and several State officials at the Coro Criminal Oversight Court. Said Court
ordered as follows:
To have the 42th Unit of the National Guard carry out the Measure of protection
at [Mr.] Uzcátegui’s home, and to have [the latter] agree to stay at his home in
order that the officials can meet with him on their rounds;
d)
On March 7, 2008, an agreement was reached before the First
Oversight Court of the Criminal Court Circuit of the State of Falcón to
“modify the measure of protection,” ordering security tasks “consisting of
patrolling the house and making rounds around it,” as well as outside the
Francisco de Miranda University, entrusted to officials attached to the
Disaster Management Department of the State of Falcón, as requested by
the High Prosecutor’s Office of the State of Falcón,” and
e)
In its report of August 13, 2008, it stated that the actions
undertaken by the Public Prosecutor’s Office of the State of Falcón could
not actually be carried because of the “disposition of the victim and the
victim’s representatives, and the changes in direction that hinder the
implementation of said measure of protection.”
7.
That the representatives stated as follows:
a)
On May 16, 2005, Mr. Uzcátegui stated that:
[i]t is completely untrue that I have been provided with a security or protection
measure, much less with any protection whatsoever on the part of the State […].
Due to security reasons […] I have been forced to move to the States of
Anzoátegui, Carabobo and Táchira;