27. The petitioners compiled a list of the actions undertaken by the authorities in charge of this investigation, among which the following stand out: From December 2002 to December 2003 Mr. Luís Uzcátegui and officials from the Office of the Human Rights Ombudsman from Falcón State were summoned. On December 23, 2004, the CICPC was asked to carry out the following steps: the summons of Luís Uzcátegui to expand his statement; the summons of persons he indicated were eyewitnesses of the incidents; official notice to the police headquarters to forward a chart identifying all the officials working in the city of El Coro, with their respective photos; the summons of additional witnesses; and the summons of members of the Uzcátegui family who were eyewitnesses of the alleged search without a court order. On January 21, 2005, Mr. Luís Uzcátegui was interviewed. On February 16, 2005, and March 21, 2005, the request of December 23, 2004, was ratified. On September 8, 2005, three persons, who were eyewitnesses, received summons. On September 9, 2005, “a hearing took place” for Mr. Uzcátegui on which he expressed he would provide the names of the officials who had assaulted him. On October 5, 2005, the CICPC was requested to summon the officials identified by Mr. Uzcátegui in order for them to provide statements. On November 9, 2005, the relatives of Mr. Uzcátegui appeared in court as eyewitnesses of some of the threats. On this same date, the representative of the First Prosecutorial Unit went to the CICPC headquarters, with an attorney from COFAVIC, with the purpose of requesting the results of the steps previously required. The agent that assisted them indicated that steps requested by the Public Ministry had not been performed. 28. The petitioners also indicated that on February 7, 2003, the FSPF commanding general filed a complaint against Mr. Luís Uzcátegui before the First Trial Court of the Criminal Circuit Court of Falcón State. The complaint is based on the alleged commission of the crime of aggravated and ongoing defamation pursuant to Articles 444 and 99 of the Venezuelan Criminal Code. As indicated, the complaint is based on statements made by Mr. Uzcátegui before the regional mass media concerning the alleged existence of para-police groups in Falcón State. The petitioners indicated that up to now domestic courts had not issued any decision on the complaint. They stressed that, even though oral and public proceedings had been ordered since April 2005, they were consecutively postponed for over a year with no grounds justifying the legal uncertainty faced by Mr. Uzcátegui. 29. As regards matters of admissibility, the petitioners alleged that the exception to the requirement of exhausting domestic remedies enshrined in Article 46.2.c of the American Convention is applicable in this case, due to the delay in the investigations and the unjustified postponement in the decision. Consequently, the petitioners indicated that the requirement of presentation of the petition within a period of six months from the notification of the definitive decision –as established in Article 46.1.b of the American Convention- should also not be applied. 30. Lastly, the petitioners alleged that the mentioned acts constituted: i) violation of the rights protected by Articles 4, 5, 7, 8, and 25 of the American Convention, to the detriment of Néstor José Uzcátegui; ii) violation of the rights protected by Articles 5 and 7 of the Convention, to the detriment of Luís Uzcátegui and Carlos Eduardo Uzcátegui; and iii) violation of the rights 7

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