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.”

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