to the petitioners, since then “the red pages” of the regional newspapers began to report a
significant increase in the number of persons who lost their lives “in confrontations with the
police.”
14. The petitioners allege that the facts of this case respond to the systematic practice of
extrajudicial executions by para-police groups in Venezuela and to the describedmodus
operandi. The petitioners described the facts as follows.
15. The petitioners indicated that on January 1, 2001, the youth Néstor José Uzcátegui, 21
years old, was in his residence when, at 12:30 mid-day, 7 officials from the police investigation
unit and another group belonging to Falcón State police forces (hereinafter “FSPF”), forcefully
entered said residence, attacking the persons present and destroying the property in the place,
while other heavily armed police surrounded the residence. As indicated by the petitioners, the
officials did not explain their actions or provide a search or arrest warrant; they only said they
were looking for Néstor José.
16. The petitioners mentioned that the police officials searched the entire residence and, after
they came to the bathroom and found Néstor José, they began to shoot him in front of his
relatives. They also indicated that the alleged victim came out of the bathroom bleeding and
hugging his niece to impede the officials to kill him. As he realized that the officials were going
to continue shooting, he left his niece and hugged his dog despite what the officials continued
shooting while some of the officials kept removing the relatives from the residence. They
added that a few minutes later four officials came outside dragging the lifeless body of Néstor
José, which was “thrown” in a truck. They indicated that the cause of death was acute anemia
due to a visceral rupture caused by gunshot wounds in the thorax.
17. According to the petitioners, the police sustain the version of the confrontation between
Néstor José and the officials that entered his residence. In turn, the petitioners stressed that,
according to Luís Uzcátegui, Néstor José was threatened to death by one of the Falcón State
police agents because of a personal problem this youth had had with the agent’s son and that,
after having executed him, the police officials put a weapon in Néstor José’s hand.
18. Furthermore, as the petitioner stated, that day and the next, the brothers Néstor José,
Carlos Eduardo, and Luís Uzcátegui, who were at the residence at the time of the facts, were
detained. The petitioners also stated that Luís Uzcátegui was interrogated by an official at the
police headquarters, who asked him whether he was capable of identifying the police officials
that participated in the operation resulting in the death of his brother, to which he replied he
could. The petitioners also pointed out that during this interrogation Luís Uzcátegui was made
to sit with his head between his legs and when he responded to the previous question, another
official ordered him to raise his head and asked him whether he was sure. According to the
petitioners, at this moment Luís Uzcátegui recognized them, he saw them with their blood
soaked uniforms, and he accused them of being the officials that murdered his brother.
19. The petitioners pointed out that afterwards Luís Uzcátegui was put in a truck when two of
his uncles appeared who asked the officials where they were taking him. They replied that they
were going to the Scientific, Criminal and Criminalistic Investigations Force(CICPC) in order for
him to give a statement. They indicated that a hood was placed over Luís Uzcátegui’s head
while he was taken to a remote place. Then Luís Uzcátegui told the officials that his uncles
already new of the transfer and that they couldn’t do anything to him since they would be held
responsible. The petitioners added that Luís Uzcátegui was returned to the police
headquarters, where he was held until the following day.
20. With respect to the domestic proceedings relating to the clarification of the facts, the
petitioners indicated that a complaint was filed on January 1, 2001, which was subsequently
ratified. They also indicated that the Public Ministry initiated an investigation on January 2,
2001, and that after a series of steps the proceedings were still in the investigative stage, with
the last action dated on October 24, 2005.
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