6
Falcón raided his home without a court order. Then, he was handcuffed
together with his younger brother Carlos Uzcátegui, whom they hit on the
head, and they shot his brother Néstor José Uzcátegui in the groin, in the left
leg and in the heart. The police officials, whom he was able to identify as
members of the “LINCE Group” due to the uniforms and vehicles they used,
sought to cover up the murder by feigning a confrontation.
c)
Harassment against him began the same day that his brother was
murdered, when some of the police officials kidnapped him, taking him to “a
place in the open country” and threatening to kill him if he denounced the
facts. Harassment continued through threatening visits or phone calls by
DIPE officials at his home and place of work. On December 26, 2002, DISIP
(Dirección de los Servicios de Inteligencia y Prevención) officials, identified as
such, raided his sister’s home.
d)
Given the loss of his brother and constant threats and persecution by
DIPE officials, Luis Uzcátegui organized a committee of next of kin of victims
of parapolice groups. On January 3, 2001 he denounced the facts before the
Office of the Ombudsperson and on January 4 of that same year he did so
before the Public Prosecutor’s Office of the State of Falcón and before the
Judiciary Police. He ratified these claims in Caracas on July 8, 2002, but
there was no reply.
e)
Due to lack of protection for himself and his family, requested of the
National Guard of Venezuela by the witness and by the Inter-American Court
of Human Rights by means of Provisional Measures, he has changed his place
of residence several times, had to leave the State of Falcón, lost his job and
distanced himself from his family to protect them. This also caused him
insomnia, loss of appetite, gastritis, for which reason he requested before the
courts that threats against him cease, that he and his family receive
protection from a corps other than the Armed Police Forces of the State of
Falcón, the National Guard, or the DISIP of the State of Falcón; that the facts
be investigated, and that those responsible be found and punished so that he
can recover a normal life.
21.
The documents filed by the State during the public hearing held on February
17, 2003, which were a “document with clarification of claims by citizen Luis
Uzcátegui Jiménez” and general information on cases of armed confrontations
between policemen, criminals and others, sent by General Commissioner Oswaldo
Rodríguez León to the Ministry of Foreign Affairs, Office of the Agent of the State for
Human Rights before the inter-American and international system.
CONSIDERING:
1.
The State ratified the American Convention on August 9, 1977 and, pursuant
to article 62 of that Convention, it recognized the contentious jurisdiction of the
Court on June 24, 1981.
2.
Article 63(2) of the American Convention sets forth that, in cases of “extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons,”
the Court may adopt such provisional measures as it deems pertinent in matters it
has under consideration, and in cases not yet submitted to the Court, it may act at
the request of the Commission.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents