both intellectually and directly, and concerning the individuals or groups that were
interested in or would benefit from the crime (beneficiaries). This, in turn, would lead
to theories and lines of inquiry and to an examination of the crime scene, witnesses
and other probative elements. Hence, in cases such as this, it is not a question of
examining the crime in isolation, but rather of inserting it in a context that will provide
the necessary elements to understand its operational structure.271
223. Based on all the above points, and despite the fact that Prosecutor Espartaco
Martínez, the expert witness offered by the State, reported that at the time of issuing
this Judgment two people are being tried for these events, the Court concludes that
the authorities did not act with due diligence in investigating the death of Néstor
Uzcátegui. Consequently, the State violated the rights to a fair trial [judicial
guarantees] and judicial protection under Articles 8(1) and 25(1) of the American
Convention, in relation to Article 1(1) thereof, to the detriment of the relatives of Néstor
José Uzcátegui.
b.- Reasonable period
224. In this case, the Court, having confirmed that 12 and a half years after the
events took place, the perpetrators of Nestor José Uzcátegui’s execution have not been
identified or punished, and recalling its case law regarding the fact that a lack of
reasonable time for carrying out an investigation constitutes, in principle, a violation of
judicial guarantees,272 will consider four elements to determine the fairness of such
term: a) the complexity of the matter, b) the procedural activity of the interested
party, c) the conduct of the judicial authorities,273 and iv) the impairment caused to
the legal situation of the person involved in the proceedings.274
225. With respect to the first element, the Court notes that the delay in conducting
the investigation into the death of Néstor José Uzcátegui cannot be justified on the
basis of the complexity of the case. Clearly, this is not a case where there are
numerous victims; the circumstances of his death were not particularly complex and,
on the contrary, there was clear identification of the possible perpetrators and there
were also witnesses. Nor did the prosecutors follow lines of inquiry that took into
account the aforementioned police abuses and executions in the state of Falcon, 275
something that was not alleged by the State to justify the delay in the investigation.
226. Regarding the second element, even if in this case an investigation is an ex
officio duty of the State, the Court has found that the relatives of the victim, especially
Luis Uzcátegui, took on an active role by filing complaints and reporting the
information available to them to the authorities. Moreover, on several occasions, they
filed complaints against various authorities for the lack of procedural action, and called
for the investigations to be moved forward.
271
Cf., mutatis mutandi, Case Manuel Cepeda Vargas v. Colombia, para. 119.
272
Cf. Case of Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago. Merits, Reparations
and Costs. Judgment of June 21, 2002. Series C No. 94, para. 145, and Case of Valle Jaramillo et al. v.
Colombia. Merits, Reparations and Costs. Judgment of November 27, 2008. Series C No. 192, para. 154.
273
Cf. of Case Genie Lacayo v. Nicaragua. Merits, Reparations and Costs. Judgment of January 29,
1997. Series C No. 30, para. 77 and Case of Kawas Fernández v. Honduras. Merits, Reparations and Costs.
Judgment of April 3, 2009 Series C No. 196, para. 112.
274
Cf. Case Valle Jaramillo et al. v. Colombia. Merits, Reparations and Costs, para. 155 and Case of
Barrios Family v. Venezuela, para. 273.
275
2011.
Cf. Testimony of Espartaco Martínez before the Court during the public hearing on November 28,
57
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