42. On the one hand, the testimonies of several family members of Néstor José Uzcátegui, all alleged victims in this case, state that a large number of police officers raided the home of Mrs. Julia Chiquinquirá Jiménez, grandmother of Néstor José Uzcátegui, without a court order and with violence, while the family was celebrating the New Year.51 In the course of the raid, the police officers allegedly forced their way into the bathroom of the house, where Néstor José Uzcátegui was found unarmed, and shot him three times, fatally wounding him.52 The family members present at the time said that after the shooting, the police had left a weapon at the scene of the incident to simulate a confrontation that had never taken place.53 Furthermore, his brother, Luis Enrique, who was arrested at the same time, stated that Néstor José was injured and placed in the police van, in which he too was handcuffed and that one of the officers ordered the other to give him the coup de grace, which he did.54 43. However, the testimonies of the police officers who were present at the time of the incident, indicate that they arrived at the house after receiving a request for support from a police unit, whose members had reported that they were shot at by an individual answering to the description of Néstor José Uzcátegui.55 The policemen also 51 Cf. Police Report of January 1, 2001, Technical Corps of the Judicial Police, Office of the State of Falcón, complaint filed by Gleimar Coromoto Uzcátegui Jiménez, attachment to the petitioners’ brief of November 26, 2008 (Evidence file, volume 18, pages 5592 and 5593); Statement of January 18, 2001 of Luis Enrique Uzcátegui before the Technical Corps of the Judicial Police, Office of the State of Falcón (Evidence file, volume 18, pages 5595 and 5596); Statement of January 19,2001 of Mrs. Julia Chiquinquirá Jiménez García before the Technical Corps of the Judicial Police, Office of the State of Falcón (Evidence file, volume 18, pages 5597 and 5598), and Statement of January 26,2001 of Carlos Eduardo Uzcátegui before the Technical Corps of the Judicial Police, Office of the State of Falcón (Evidence file, volume 1, volume 18, page 5599). 52 Cf. Statement of Gleimar Coromoto Uzcátegui Jiménez of January 1,2001 before the Technical Corps of the Judicial Police, Office of the State of Falcón (Evidence file, volume 18, pages 5592 and 5593); Statement of January 18, 2001 of Luis Enrique Uzcátegui before the Technical Corps of the Judicial Police, Office of the State of Falcón (Evidence file, volume 18, pages 5595 and 5596); Statement of January 19,2001 of Mrs. Julia Chiquinquirá Jiménez García before the Technical Corps of the Judicial Police, Office of the State of Falcón (Evidence file, volume 18, pages 5597 and 5598); Statement of January 26,2001 of Carlos Eduardo Uzcátegui to the Technical Corps of the Judicial Police, Office of the State of Falcón (Evidence file, volume 18, pages 5599 and 5560), and Complaint filed by Luis Uzcátegui before the Second Assistant Prosecutor of the Second Prosecutors Office on June 20, 2001 (Evidence file, volume 7, page 3548). 53 Cf. Statement of January 19, 2001 rendered by Mrs. Julia Chiquinquirá Jiménez García before the Technical Corps of the Judicial Police, Office of the State of Falcón (Evidence file, volume 18, pages 5597 and 5598); Statement of Gleimar Coromoto Uzcátegui Jiménez of January 1,2001 before the Technical Corps of the Judicial Police, Office of the State of Falcón (Evidence file, volume 18, pages 5592 and 5593), Statement of Gleimar Coromoto Uzcátegui Jiménez before the Seventh Prosecutor of the Public Prosecutor’s Office for the State of Falcón on August 15 2005 (Evidence file, volume 18, pages 5605 and 5606). 54 Cf. Statement of Luis Enrique Uzcátegui at the public hearing on merits and possible reparations and costs, November 28, 2011. 55 Cf. Police Report, Directorate of Investigations, General Headquarters of the Armed Police Forces of the State of Falcón, of January 1, 2001, signed by Deputy Inspector Alexander Rojas (Evidence file, volume 7, pages 3557 and 3558); Record of interview with Deputy Inspector Valdemar Rodríguez before the Technical Corps of the Judicial Police, Office of the State of Falcón of September 26,2001 (Evidence file, volume 18, pages 5602 and 5603); Record of interview with Second Corporal Nelson Saavedra before the Technical Corps of the Judicial Police, Office of the State of Falcón, on September 26,2001 (Evidence file, volume 18, pages 5601 and 5602); Record of interview with Inspector Juan Alexander Rojas Reyes before the Technical Corps of the Judicial Police, Office of the State of Falcón, on September 27, 2001 (Evidence file, volume 18, pages 5603 and 5604). Also, it was recorded that on the afternoon of January 1, 2001, a woman from the neighborhood where the Uzcátegui family lived, went to Directorate of Investigations of the Armed Police Forces of the State of Falcón to report that earlier that same day, in the morning, she had gone to the police station to report that Néstor José Uzcátegui was drunk and was carrying a firearm while walking around the neighborhood, firing shots into the air. See Directorate of Investigations, General Headquarters of the Armed Police Forces State Falcón, Record of interview with Maria Antonia Toyo on January 1, 2001, at 16:40 hours (Evidence file, volume 18, pages 5587 and 5588). 14

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