6
b)
On May 30, 2007, Mr. Uzcátegui allegedly was at the premises of the
Universidad Nacional Experimental university taking care of administrative
paperwork for his admission as a student. A students’ demonstration that
was taking place at the same place and time was broken up by police
officers. In that context, Mr. Uzcátegui allegedly was violently approached
by the police. He filed a complaint with the Ombudsman’s Office on that
account, stating that:
[I] was on [University] ground to file some documents […] and when I tried to
step out of the University premises [I] was intercepted by some police officers who
yelled “there is that bastard, let’s get him,” when I saw the police […] officers
coming towards me I chose to run, to save my life, and they took out their
weapons and started to shoot […] to get out, we climbed over walls, houses, until
we got to a house in the 5 de Julio Sector.
c)
In January 2008, Mr. Uzcátegui “was allegedly assaulted […] when
unknown persons attacked him on the premises of the University […]
where he attends classes.”
15.
That the representatives informed that, as regards the “criminal complaint filed
by the former commanding officer of the Armed Police Forces of the State of Falcón”
against Mr. Uzcátegui, on April 9, 2008, the Second Trial Court of the Criminal Court
Circuit of the State of Falcón “dismissed, on its own initiative, the criminal action, which
is a highly positive step given the threat that such situation posed to the beneficiary of
the measures.” However, the representatives informed that said former commanding
officer was elected mayor of the City of Coro, where the beneficiary of the measures and
his next of kin reside, “which could represent a potential risk factor and shows the
serious position of insecurity and fear in which they find themselves.”
16.
That, on January 16, 2009, the representatives reported on “the serious context
in which human rights advocates currently carry out their work as activists,” considering
“the various acts of intimidation through defamatory speeches and discrediting
statements.” They further noted that “top-level authorities made public statements
intended to deny, stigmatize, discredit and criminalize the work carried out by persons
and organizations devoted to defending human rights, particularly targeting those who
are actively involved in Inter-American organs.” Moreover, the representatives made
reference to a decision rendered on December 18, 2008 by the Constitutional Division of
the Supreme Court of Justice, “ruling” the judgment rendered by the Inter-American
Court in the case of Apitz-Barbera et al. “unenforceable” and asking the National
Executive to “denounce the American Convention.” The representatives argued that such
decision “clearly reflects the serious situation of non-compliance with the decisions”
rendered by the Court. The representatives find these facts to “have increased the
beneficiary’s fear that new occurrences will take place against his personal integrity, this
being a justified fear sufficient to request” that the provisional measures be maintained
in full force and effect.
17.
That the Commission considered that the situation of risk to the life and integrity
of Mr. Uzcátegui persists. In particular, in its observations of October 13, 2008, the
Commission “considered it essential to bear in mind that the beneficiary has reported
that State of Falcón Police were involved in the facts that led to the adoption of these
provisional measures, which has even led to a complaint being lodged in national court
by the Public Prosecutor’s Office, and, accordingly, the beneficiary’s situation remains
one of extreme risk.”