they forwarded the certified copy of the weapons register (record book) for January 1,
2001.110
84.
On December 3, 2009, the Ballistics Unit of the Falcón Scientific Penal and
Criminal Investigation Corps carried out a specialized technical assessment of the
evidence gathered at the scene of the incident of January 1, 2001. 111
85.
On February 14, 2011, the Seventeenth Prosecutor of the Public Prosecutor’s
Office of the State of Falcón took the statement of Paula Yulimar Uzcátegui Jiménez. 112
86.
Between March 17 and April 26, 2011, the Criminal Investigation Unit Against
the Violation of Fundamental Rights carried out investigation procedures consisting of
four reports in connection with the events of January 1, 2001. 113
87.
According to Prosecutor Spartacus Martinez, a witness proposed by the State,
during the public hearing held at the seat of the Court in November 2011, formal
charges were brought against two individuals.114 As of the date of this Judgment, and
despite having made repeated requests to the State, the Court has received no
information on the current status of this process or on the results of said procedural
action, nor has any documentation been provided relating to this matter.
D. - The arrest of Luis and Carlos Eduardo Uzcátegui
88.
Similarly, it has not been disputed that, in the context of the operation carried
out on January 1, 2001, at the Uzcátegui family home, Luis Enrique Uzcátegui and
Carlos Eduardo Uzcátegui – the latter being 17 years old at the time – were arrested
and transported by police officers in a police vehicle to the headquarters of the Armed
Police Forces of the State of Falcón, where a statement was taken from Luis Enrique
Uzcátegui115 and where they remained until January 2, 2001.
E. - Alleged threats and harassment against Luis Enrique Uzcátegui
89.
On June 20, 2001, Luis Enrique Uzcátegui filed a complaint alleging that on
January 6, 2001, two police officers of the State of Falcón arrived while he was at the
home of his relatives and “invited” him to go to Caracas, adding that the same
110
Cf. Official letter N. Dir. Log/Div. Com-023-09 dated March 18, 2009 (Evidence file, volume 18,
page 5617).
111
Cf. Technical report N° 9700-060-B-301 dated December 3, 2009 (Evidence file, volume 18, pages
5626 a 5627).
112
Cf. Record of interview on February 14, 2011, with Paula Yulimar Uzcátegui Jiménez at the
Seventeenth Prosecutor’s Office of the Public Prosecutor’s Office of the State of Falcón (Evidence file, volume
18, pages 5627- 5628).
113
Cf. Expert report on presence of hematic substances in the house, March 17, 2011 (Evidence file,
volume 18, pages 5629-5632); Expert report on intraorganic trajectory, April 15, 2011 (Evidence file,
volume 18, pages 5633-5634); Expert report on ballistics, April 18, 2011 (Evidence file, volume 18, pages
5634-5638), and Report on the reconstruction of events, dated April 18, 2011 (Evidence file, volume 18,
pages 5638-5652).
114
Cf. Statement of witness Espartaco Martínez at public hearing on merits and possible reparations
and costs, November 28, 2011.
115
Cf. Complaint filed before Second Prosecutor by Mr. Luis Enrique Uzcátegui on June 1, 2001
(Evidence file, volume 1, pages 388, 389, 390, 391 and 392); Record of interview with Mr. Carlos Uzcátegui,
January 26, 2001, police procedure carried out by Luis Miguel Freites Alvarez (Evidence file, volume 1,
pages 406-407), and Police Report. Directorate of Investigations, General Headquarters of the Armed Police
Forces of the State of Falcón, January 1, 2001, signed by Deputy Inspector Alexander Rojas (Evidence file,
volume 1, pages 394 -395).
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