28. On August 16, 2001, Jimmy Guerrero reported “police harassment” before the Senior Prosecutor’s Office of the state of Falcón (hereinafter the “Senior Prosecutor’s Office”). He highlighted that the night of August 13, 2001, a “motorized person approached me and threatened me with death, warning me to always be accompanied because if he saw me alone he was going to kill me.”23 On August 19, 2002, the Senior Prosecutor’s Office opened the case No. 2202-02, for the crime of threats uttered by alleged police officers 24, however, on September 13, 2002, the record was remitted to another Prosecutor’s Office “because in such representation there is an open investigation against him, and his complaint is precisely related to such case, given that the police officers taking part in said proceeding are highlighted by the accused of having subjected him to harassment and death threats.”25 No more diligences are registered. 29. The second criminal complaint was filed on September 27, 2002. Jimmy Guerrero lodged another complaint before the Senior Prosecutor’s Office and reported new events of “police harassment,” referring to an episode in which he was accused of carrying a firearm, which he affirmed that it did not belong to him. 26 The third criminal complaint was filed on November 4, 2002, and was also lodged by Jimmy Guerrero before the Second Prosecutor’s Office of the Jurisdiction of Falcón state, highlighting that he had been arrested without having knowledge of the motive and he reiterated that “he was frequently [arrested] without any motives.” 27 No more diligences are registered. 30. Additionally, the Commission observes the filing of complaints before the Ombudsman for arrests and harassment of the part of the police. In this way, there appears the first complaint filed on October 28, 2002, according to which Jimmy Guerrero had been arrested in an occasion by the Technical Investigations Force of Falcón state, and in another opportunity by a “group of motorized persons of the police of Coro” in relation to the theft to a taxi driver, indicating that he could recognize the officers who detained him and affirmed “every time they see me on the street they arrest me.”28 The Ombudsman remitted the complaint to the Senior Prosecutor on the same day.29 31. The second complaint refers to the detention suffered by Jimmy Guerrero on February 17, 2003, by a group of persons driving vehicles, whom he identified as officers of the Armed Police Forces of Falcón state. His captors allegedly did not have an arrest warrant. They put a hood over his head, stole his personal belongings, beat him and “kicked him in the right eye” and they “threw tear gas at him and hit him with his gun in the head.”30 The complaint was also filed by Ms. Erimay Loyo, who reported the events in a consistent way with the aforesaid.31 That same day, an Ombudsman’s representative went to a police checkpoint of the Armed Forces, where she corroborated that Jimmy Guerrero was detained in a public order unit. 32 The forensic examination from February 19, 2003, determined the existence of “traumatic edema in the frontal area; right suborbicular ecchymoses; closed chest trauma, worsened by an intercostal neuritis of traumatic origin; wounds produced by a blunt instrument.”33 The Ombudsman informed the events to the Second Prosecutor’s Office and requested to initiate an investigation due to alleged acts of torture and degrading and inhuman treatments, and to monitor criminal case No. 2202-02. Likewise, the Ombudsman requested protection measures in favor of Jimmy Guerrero.34 32. On March 6, 2003, Jimmy Guerrero lodged a third complaint before the Ombudsman, given that police officials were tossing around his house and that he had again been accused of being responsible for a theft. 35 Annex 3. Second Prosecutor’s Office. Handwritten complaint. August 16, 2002. Annex to the initial petition. Annex 4. Second Prosecutor’s Office. Complaint/case No. 2202-02. August 10, 2002. Annex to the initial petition. 25 Annex 5. First Prosecutor’s Office. Communication of September 13, 2002. Annex to the initial petition. 26 Annex 6. Senior Prosecutor. Record of the hearing from September 27, 2002. Annex to the initial petition. 27 Annex 7. Second Prosecutor. Complaint filed by Jimmy Rafael Guerrero on November 4, 2002. Annex to the initial petition. 28 Annex 8. Ombudsman. Statement by Jimmy Guerrero. October 28, 2002. Annex to the initial petition. 29 Annex 8. Ombudsman. Statement by Jimmy Guerrero. October 28, 2002. Annex to the initial petition. 30 Annex 9. Ombudsman. Statement by Jimmy Guerrero. February 18, 2003. Annex to the initial petition. 31 Annex 10. Ombudsman. Statement by Erimay Loyo. February 17, 2003. Annex to the initial petition. 32 Annex 11. Ombudsman. Record from the visit to the police checkpoint. February 17, 2003. Annex to the initial petition. 33 Annex 12. Ombudsman. Medico-legal report of Jimmy Guerrero. February 19, 2003. Annex to the initial petition. 34 Annex 13. Ombudsman. Communication requesting protection measures in favor of Jimmy Guerrero. February 25, 2003. Annex to the initial petition.; and Annex 14. Ombudsman. Communication by means of which a medico-legal report of Jimmy Guerrero is remitted. February 26, 2003. Annex to the initial petition. 35 Annex 15. Ombudsman. Statement by Jimmy Guerrero. March 6, 2003. Annex to the initial petition. 23 24 6