3 a. As regards the threats and acts of harassment, on Tuesday, November 12, 2002 a stranger was found in a suspicious attitude near Mr. Uzcátegui’s home, and he identified himself as a police official; on November 13, unidentified individuals attempted to wrest Mr. Uzcátegui’s niece from the arms of her mother, Paula Uzcátegui, took fifty thousand Bolívares from her, hit her, and threatened her saying “if your brother keeps on making accusations the child will be the one to suffer;” on Thursday, November 14, while he was driving a vehicle near his home, two individuals fired several shots at him from a motorcycle and then fled; the neighbors stated that the motorcycle belonged to the Armed Police Forces of the State of Falcón. b. As regards lack of protection by the State, and “despite the fact that the measures were granted more than a month ago, the State has not responded officially to the request made by the Commission to report on compliance with those measures. However, the applicants have informed the Commission that the State is not willing to provide any protection, and has not even answered their calls for an agreement on protection of Mr. Uzcátegui.”3 c. As regards investigation of the acts of intimidation suffered and threats received by Luis Enrique Uzcátegui, they “began after the death of his brother, when he began to denounce the facts through regional media.” One of the applicant organizations filed a complaint regarding the first threats against Luis Uzcátegui, before the High Prosecutor’s Office in the State of Falcón; however, there has been no progress in the investigations. Therefore, “Mr. Uzcátegui has decided not to file complaints about new threats, because in addition to being ineffective, that action places him at greater risk.” d. Given the outstanding risk to the life and personal safety of Mr. Uzcátegui, he has decided to seek refuge in the offices of the Regional Legislative Council of the State of Falcón, where he works. CONSIDERING: 1. The State ratified the American Convention on August 9, 1977 and, pursuant to Article 62 of that Convention, recognized the contentious jurisdiction of the Court on June 24, 1981. 2. Article 63(2) of the American Convention provides that, in cases of “extreme gravity and urgency, and when necessary to avoid irreparable damage to persons,” the Court may, in matters it has under consideration, adopt such Provisional 3 In this regard, the applicants stated to the Commission that : COFAVIC communicated with the office of the Agent of the Venezuelan State before the Inter-American System, Jorge Dugarte, on November 12, stating the risk faced by Mr. Uzcátegui and their concern over the absolute lack of compliance with the precautionary measures issued by the honorable Commission [...] Neither COFAVIC nor CEJIL, nor Mr. Uzcátegui have received any information from the State that would suggest even the intention to provide protection to Mr. Uzcátegui.

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