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
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