8 23. That the representatives made reference to the current context of alleged intimidation against the work of human rights advocates in Venezuela. In this regard, it is the Court’s view that such alleged context is not sufficient to warrant keeping the provisional measures in place if there are no specific facts that will allow consistent conclusions on the effects of such context in the specific matter at hand. 24. That, as regards the judgment rendered by the Constitutional Division of the Supreme Court of Justice regarding the Case of Apitz-Barbera et al., it is the Court’s view that no evidence has been submitted of the concrete effects of such decision of the Supreme Court of Justice in relation to compliance with these provisional measures. 25. That it is the Court’s view that the event reported in May 2005 (supra para. 14) is related to the situation of extreme gravity alleged in previous years, considering the information provided on the police officers who were allegedly involved in the detention (members of the so-called “Lince” group) and the type of harassment allegedly inflicted on the beneficiary. However, the events reported as taking place in May 2007 and January 2008 (supra para. 14) call for further specifications and evidence-supported arguments in order that the Court may make a decision on the continuation of these provisional measures. In particular, the Court notes that the information made available to it so far is not sufficient for it to establish a connection between the alleged assaults in January 2008 and the situation of extreme gravity which the Court had previously verified. 26. That, in view of the above, the Court finds it appropriate to request the parties to submit, within a period of two months as from notification of this Order, arguments, evidence and information regarding manner, time and place that will allow it to establish or deny the existence of the situation of extreme gravity and urgency for the life and personal integrity of Mr. Uzcátegui during 2008 and the elapsed portion of 2009. * * * 27. That, as regards the obligation to investigate the facts that led to the adoption of the measures, the State has provided information about both the investigations carried out in connection with the murder of Néstor Uzcátegui and the threats and harassment targeting Luis Uzcátegui. The State noted that the following measures were taken regarding the investigation: a) Regarding the case of Luis Uzcátegui, on March 27, 2008, the 1st Prosecutor of the Public Prosecutor’s Office of the Court Circuit of the State of Falcón filed charges with the Second Trial Court of the Criminal Court Circuit of the State of Falcón against three officials attached to the Police force, for the crimes of unlawful entry into private residence, unlawful detention and simulation of a punishable act, and b) As regards the case of Nestor Uzcátegui, on September 3 and 5, 2008, the 17th Public Prosecutor’s Office of the Court Circuit of the State of Falcón charged two State police officials with the crime of simulation of a punishable act, unlawful use of a firearm and homicide. On September 24, 2008, a request was made for the preventive detention of said defendants; however, the request was dismissed on the grounds that it failed to meet the applicable requirements.

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