individuals returned the following day, but that on that occasion they were not
received.116 The State did not mention this fact in its answer brief.117
90.
On July 25, 2001, Luis Enrique Uzcátegui filed a complaint stating that on July
20, 2001, a police delegation had arrived at his home with a summons from
Commander General Rodríguez León ordering him to appear that same day at the
Police headquarters to discuss with him the complaints he had filed against the police
officers in connection with the death of Néstor José Uzcátegui, whereupon he refused
to sign the summons, and was then informed by the police officers that they would
arrest him.118
91.
On December 11, 2002, Luis Enrique and Paula Uzcátegui filed a complaint
stating that on November 13, 2002, unidentified persons had tried to snatch Luis’s
three year-old niece from the arms of her mother Paula, whom they beat and
threatened saying “if your brother continues with his complaint, the girl will be the one
who suffers.”119 The State did not refer to this fact in its reply brief.
92.
On December 22, 2003, Luis Enrique Uzcátegui alleged that on November 14,
2002 two individuals on motorcycles had shot at him while he was driving a car near
his home. He was not injured.120 The State did not refer to this fact in its reply.
93.
On January 25, 2003, Luis Enrique Uzcátegui was detained by police as a result
of an alleged claim by his sister Irmelis Gabriela Uzcátegui Jiménez121, that she and
116
Cf. Complaint filed by Luis Enrique Uzcátegui before the Second Assistant Prosecutor of the Second
Prosecutor’s Office, June 20, 2001 (Evidence file, volume 2, pages 829-830).
117
Two incidents included in the IACHR reports are not mentioned in the brief submitting the case. One
alleges that on March 15, 2001 officers of the Armed Police Forces of the State of Falcón raided the home of
Mr. Luis Enrique Uzcátegui. They arrived without a warrant, kicked down the door and, because they did not
find him there, they allegedly beat and threatened the brother of Mr. Luis Enrique Uzcátegui, the minor
Carlos Eduardo. Episcopal Human Rights Vicariate of the Archdiocese of Caracas. Report on the Situation of
Human Rights Defenders in Venezuela, 2007 (Evidence file, volume 24, page 8024). The other incident, on
April 13, 2002, involves officers of the Armed Police Forces of the State of Falcón, attached to the DIPE
group, who allegedly raided the home of the Uzcátegui family, without a warrant, in search of Mr. Luis
Uzcátegui. They also insulted and threatened his mother, Mrs. Julia Jiménez, and caused damage to furniture
in the house before leaving.
118
6711).
Cf. Record of Hearing, Attorney General’s Office, July 25, 2001 (Evidence file, volume
21, page
119
Cf. Complaint of Luis Enrique Uzcátegui to the Technical Corps of the Judicial Police, Monitoring of
Investigation, December 11, 2002 (Evidence file, volume 1, page 421).
120
Brief of First Prosecutor of the Criminal District Court of the State of Falcón to the Attorney
General’s Office of the Republic of Venezuela, Office for the Protection of Fundamental Rights, dated
November 10, 2005. Attachment to the petitioners’ brief of December 7, 2005, addressed to the InterAmerican Court within the Provisional Measures granted to Luis Enrique Uzcátegui (provisional measures file,
volume VI, page 1126). Copy of the complaint filed before the Technical Corps of the Judicial Police dated
December 11, 2002 by Luis Uzcátegui and Paula Yulimar Uzcátegui (Evidence file, volume 21, page 6608). In
the complaint filed by Luis Enrique Uzcátegui before the First Prosecutor of the Public Prosecutor’s Office of
the State of Falcón on March 27, 2003, he himself stated that this incident had been carried out by
individuals on motorcycles “which are only used by the FAP police forces”. Complaint filed before the First
Prosecutor of the Public Prosecutor’s Office of the State of Falcón, March 27, 2003 (Evidence file, volume 8,
page 4181).
121
Cf. Police Report of January 25, 2003 (Evidence file, volume 8, page 3959); Prosecutor’s written
application of March 28, 2008 before the Third Supervising Judge of the Criminal District Court of the State
of Falcón (Evidence file, volume 8, pages 4245-4263) and ruling of the Judge of the District Criminal Court of
the State of Falcón, Second Supervising Court, of February 3, 2009 (Evidence file, volume 11, pages 4809 to
4816). Also see brief to the Senior Prosecutor of the Public Prosecutor’s Office of the State of Falcón,
Oswaldo Rodríguez León of January 29, 2003 (Evidence file, volume 9, pages 4328-4330); Police reports of
January 25,2003 (Evidence file, volume 9, pages 4331-4335); Police Report of January 25, 2003 (Evidence
file, volume 8, page 3959), and Record of interview with Irmely Gabriela Uzcátegui Jiménez of January 28,
2003 before the Armed Police Forces (Evidence file, volume 8, page 3995).
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