100. On December 17, 2002, the Senior Prosecutor of the Public Prosecutor’s Office
of the State of Falcón, forwarded to the First Prosecutor “additional documents of the
case in which Luis and Paula Uzcátegui appear as victims” (supra para. 91).136
101. On January 28, 2003, the First Prosecutor summoned Luis Uzcátegui to
appear.137 On January 29, 2003, the First Prosecutor of the Judicial District of the State
of Falcón took the statements of Irmely Uzcátegui 138 and Luis Enrique Uzcátegui.139 On
January 29, 2003, the First Prosecutor requested information from the Third Prosecutor
regarding Luis Enrique Uzcátegui’s arrest on January 25, 2003.140 On the same day,
the Third Prosecutor reported that his office had no knowledge of said arrest. 141 That
day, the First Prosecutor asked the Municipal Judge of Miranda of the Judicial District of
the state of Falcón to “transfer and establish the Court at the headquarters of the
General Department of the Armed Police Forces of the State of Falcón […] in order to
determine whether this department […] or another has a record of the entry and
release of citizens who had been apprehended [and specifically if among them] there is
an entry/release record [for] Luis Enrique Uzcátegui.”142
102. On January 29, 2003, the First Prosecutor asked the Medical Forensics
Department of Coro-Falcón to order a forensic examination of Irmelis and Paula
Uzcátegui.143 On the same date, Commander General Rodríguez León filed a report
with the Senior Prosecutor of the Public Prosecutor’s Office of the State of Falcón,
reporting on the events of January 25, 2003 which led to the arrest of Luis Enrique
Uzcátegui.144 In another official letter addressed to the First Prosecutor, Commander
General Rodríguez León said that on that day “the commander ordered the
corresponding investigation and an administrative report to establish responsibility.”145
103. On January 31, 2003, the First Prosecutor forwarded to the Public Prosecutor’s
Office a copy of the record of judicial inspection carried out at the Department on
January 30, 2003, in relation to Luis Enrique Uzcátegui’s arrest.146 That same day the
Director for the Protection of Fundamental Rights filed a brief before the First
Prosecutor delegated by the Attorney General, indicating that Luis Enrique Uzcátegui is
the beneficiary of Provisional Measures and that, if an illegal detention occurred on
136
Cf. Specifically, a police report of December 2002 which states that a police delegation visited the
scene of the incident to interview “several passers-by who upon being interviewed about the incident said
they knew nothing about it” (Evidence file, volume 8, page 4101 and 4105).
137
Cf. Official letter N. FAL-1-109 of January 28, 2003 (Evidence file, volume 8, page 3917).
138
Cf. Statement of Irmely Gabriela Uzcátegui of January 29, 2003 before the First Prosecutor of the
Judicial district of the State of Falcón (Evidence file, volume 8, pages 4340, 3954 and 3955).
139
Cf. Statement of Luis Enrique Uzcátegui Jiménez of January 29, 2003 before the Senior Prosecutor
of the Judicial district of the State of Falcón (Evidence file, volume 8, page 3952 and 3953).
140
Cf. Official letter FAL 1-00117 of January 29, 2003 (Evidence file, volume 8, page 3918).
141
Cf. Official letter FAL 3-0151-03 of January 29, 2003 (Evidence file, volume 8, page 3920).
142
Official letter of the First Prosecutor of the Public Prosecutor’s Office of January 29, 2003 (Evidence
file, volume 8, page 3927).
143
Cf. Official letter FAL 1-00125 of January 29, 2003 (Evidence file, volume 8, page 3955).
144
Cf. Evidence file, volume 8, page 4328. On January 28, 2003, Commander General Rodríguez León
presented an Official letter with the record of the interview signed by Irmely Uzcátegui and the good
conduct caution signed on January 26, 2003 (Evidence file, volume 8, page 3924).
145
Official letter 0000204 of January 29, 2003 (Evidence file, volume 8, page 3957).
146
Cf. Official letter 1-137 of January 31, 2003 (Evidence file, volume 8, page 3962).
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