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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