227. As to the conduct of the authorities, the Court has already confirmed the delays
in several investigative procedures as well as numerous omissions in the forensic
autopsy and the gathering and storing of evidence (supra paras. 216 to 222), which
resulted in considerable delays in the investigations and related charges. Similarly, the
Court notes that, according to the information submitted by the State, in the course of
the investigation process there are periods for which there is no evidence that any
significant procedural or investigative action was carried out.
228. In this regard, the Court specifically notes that no information was presented
regarding significant activity between March 6, 2002 and January 30, 2003, when the
Seventh Prosecutor of the State of Falcón urgently requested information as to
whether the measures ordered eleven months earlier had been carried out, in addition
to the planimetric survey of December 2, 2003. Moreover, the Court is aware that,
based on the evidence file, there was no activity by the authorities for over a year and
a half, between September 12, 2003, when the Prosecutor again ordered that some
procedures be carried out, and June 9, 2005, the date on which the Prosecutor once
again requested the implementation of complementary measures. The Court also notes
that there is no information on record about what occurred in the investigation
between December 2005, when Luis Uzcátegui and three police officers testified, and
April 2, 2008, two years and ten months later, the date on which the domestic court
informed Luis Uzcátegui that the indictment had been filed and that it was not until
September 2008 that the prosecution charged two police officers of the act, for the
crime of simulating a punishable act, misuse of firearms, and aggravated homicide, to
the detriment of Néstor José Uzcátegui
229. In this regard, the Court notes that it is not clear from the case file or from the
arguments made by the State, that these periods of inactivity were justified on
grounds related to the very nature of the investigation process. Finally, the Court finds
that, as was indicated by the parties, in the 11 and a half years since the investigation
began in connection with the killing of Néstor Uzcátegui, three Prosecutors´ Offices
and 23 different Prosecutors have been involved. It is reasonable to assume that such
frequent changes of persons responsible for conducting the criminal prosecution of a
crime (on average more than two per year) create obvious delays in procedures and
difficulties in quickly and consistently following the lines of inquiry.
230. With respect to the fourth element, namely the adverse effect caused by the
length of proceedings on the legal situation of those involved, the Court finds, as it has
on previous occasions,276 that in this case it is not necessary to analyze this point to
determine the reasonableness of the period for the investigations mentioned herein.
231. Consequently, the Court concludes that the investigations into the death of
Néstor José Uzcátegui exceeded a reasonable period, and thus, the State violated the
rights established in Articles 8(1) and 25(1) of the American Convention, in relation to
Article 1(1) thereof, to the detriment of Néstor José Uzcátegui’s relatives.
B.2.
Investigations and legal proceedings related to the events of
January 25, 2003.
232. The Court also notes that one of the allegations made by Luis Enrique Uzcátegui
regarding the context of harassment, threats and intimidation is that concerning his
detention on January 25, 2003, at the General Police Headquarters of the city of Coro
for alleged acts of domestic violence (supra paras. 93 and 97 to 122).
276
Cf. Case of Barrios Family v. Venezuela, para. 284 and Case of Garibaldi v. Brazil. Preliminary
Objections, Merits, Reparations and Costs. Judgment of September 23, 2009. Series C No. 203, para. 138.
58
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