4
17.
The oral arguments of the Commission, made at the aforementioned public
hearing, summarized as follows:
a)
“Luis Uzcátegui, who lives in […] the State of Falcón, is the brother of
Néstor José Uzcátegui, murdered on January 1, 2001 by alleged parapolice
groups. Since his brother’s murder, Luis Uzcátegui systematically sought
justice, struggled against impunity and in the process called a meeting of
various next of kin of the victims [...] in the State of Falcón. Due to this he
began to be persecuted, harassed [...] has been detained several times, has
been beaten several times [...], his homes have been raided on multiple
occasions, and more recently [...] he was even accused by the Commander of
the Armed Police Forces of the State of Falcón, for revilement and defamation
[...].”
b)
“After the provisional measures, these acts of harassment and
intimidation have intensified, [and] [...] after the order of the [...] Court, Luis
Uzcátegui Jiménez has not been contacted [...] by the authorities of the
Venezuelan State, with the aim of complying with that order [...].” “The
Venezuelan State is in open contempt of the provisional measures in favor of
Mr. Uzcátegui, [...] [and furthermore] when the interested person himself
went to post number 42 of the National Guard of the Security Corps, [...] the
Commander of that post humiliated him and arrested him all day in the
courtyard of the military facilities [...].”
c)
The Venezuelan Government, in the information it has sent to the
Court, reported that it “has commissioned for the protection of Mr. Uzcátegui
the police corps that he has denounced as those persecuting him and as the
authors of the acts of harassment and intimidation. [...] which “is [...]
unacceptable and unjustifiable.”
d)
“[T]he Venezuelan State is justifying its non-compliance with the
measures on the basis of the police reports they have filed on Luis Uzcátegui,
who in turn is the brother of a victim of the parapolice groups in the State of
Falcón, and who has filed a number of claims against the police. Luis
Uzcátegui’s life is definitely in danger” and he is suffering a violation of the
presumption of innocence and of due process.
e)
Due to “the repetitive acts of intimidation and attacks against him and
in view of the obvious will to be in contempt of the provisional orders issued
in his favor [...]. Mr. Uzcátegui has been forced to live a wandering life,
seeking refuge with his next of kin outside the State of Falcon and seeking on
his own a safe place to go to.”
f)
The Commission submits the proposal that first of all “due to absolute
non-compliance by the Venezuelan State and the risk to the life and personal
safety of Luis Uzcátegui […] [,] until his protection is guaranteed in the State
of Falcón, where he has his permanent residence, the Venezuelan State
immediately grant him means of subsistence in the State of Carabobo in the
city of Valencia;” secondly, that “through his transfer via an administrative
definition in Venezuelan legislation, which is the seconding of services of
public officials,” he be given “a job with similar characteristics to [his] job, as
assistant to the Legislative Commission in said State;” third, “the Venezuelan
State must organize and provide and guarantee provision of psychological
care as required by Luis Uzc��tegui”, and fourth, “to carry out [...] the
investigation and punishment of those responsible, by complying with the
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