4
b)
Between 2005 and 2007, the representatives reported that, because
of the harassment and the failure to comply with the measures of
protection, Mr. Uzcátegui was forced to constantly change his place of
residence, “which made it impossible for him to resume his daily activities
and secure a stable job;”
c)
“the patrolling rounds [at Mr. Uzcátegui’s residence in] the State of
Anzoátegui took place very sporadically,” and during such visits, he was
urged by National Guard officials to sign visit verification records covering
protection shifts from Monday to Sunday, Mr. Uzcátegui having no evidence
that such protection shifts had actually taken place;”
d)
In spite of Mr. Uzcátegui’s change of residence having been notified
to the Human Rights Agency, this institution failed to inform the National
Guard as agreed at the meeting of June 7, 2007, and
e)
On July 30, 2008, they stated that “at no time has the Dirección
Estatal de Protección Civil y Administración de Desastres [State Disaster
Management and Civil Protection Department] performed” the patrolling or
round duties agreed in January 2008; this was ratified on September 9 and
January 16, 2009.
8.
That, in the observations submitted in 2006 and 2007, the Commission noted
that the “protection accorded to the beneficiary does not seem to have met the
necessary requirements to be considered fit to guarantee his integrity.” Accordingly, “the
State appears not to have been taking effective measures to prevent new acts of
intimidation, or to have adopted measures intended to eliminate the conditions that
favor their recurrence.”
9.
That the Court appreciates the parties’ attempt to agree on measures of
protection befitting the needs of the beneficiary. However, several problems have been
encountered over the last few years in implementing a personal security and patrolling
detail and in connection with the organizations in charge of providing the required
protection and securing its effectiveness. Accordingly, the Court requires that the State
provide clear information on the manner in which the State Disaster Management and
Civil Protection Department has tried to inform Mr. Uzcátegui of the persons and
mechanisms through which the agreed-upon patrolling will be implemented and the
manner in which the protection is currently being provided.
*
*
*
10.
That, as regards the beneficiary’s involvement in the provisional measures, the
State indicated that several meetings have taken place with a number of public officials,
at which, among other things, it was agreed to “provide [him with] financial aid,” direct
mechanisms to communicate with the agency or person in charge of the protection and
security detail, the manner in which his residence would be patrolled, the state agencies
in charge of his protection, as well as the manner in and places at which such protection
would be provided.