B. - The death of Néstor José Uzcátegui B.1. Undisputed facts 39. Mr. Néstor José Uzcátegui was 21 years of age at the time of his death; he studied for his bachillerato and worked independently in construction. He lived with family members in a house located in the neighborhood of Las Velitas II, in the city of Coro, State of Falcón, which belonged to his grandmother Julia Chiquinquirá Jiménez. According to testimony from relatives, he and his family members had limited financial resources.43 40. The following facts are also not disputed, and thus, are considered proven: i) On the morning of January 1, 2001, officers of the Police Investigations Department (“DIPE” for its Spanish acronym) and an elite group of the Armed Police Forces of the state of Falcón (“Lince Group”) 44, raided the house in the district of Las Velitas II, in the city of Coro, State of Falcón, in search of Néstor José Uzcátegui, who at that time was with other members of his family45; ii) at least one of the police officers fired two shots at Néstor José Uzcátegui causing his death 46; iii) Néstor José Uzcátegui was subsequently taken to the “Alfredo Van Brieken” University Hospital in a police vehicle47; v) at said hospital, he was declared dead due to “acute anemia caused by a visceral rupture produced by a firearm injury to the thorax” 48, and vi) the forensic report indicates that he received two bullet wounds, and one bullet was removed 49, which was sent to the “Recovered Objects Unit.”50 B.2. Disputed facts 41. As to the other facts surrounding the death of Néstor Uzcátegui, the Court notes that, from the evidence provided and the arguments put forward, it appears that there are two versions of the events. 43 In this regard, Luis Enrique Uzcátegui stated that “[his] family and [he were] humble people, from a humble community [and that] they had no […] money.” Testimony rendered by Luis Enrique Uzcátegui before the Court during the public hearing of November 28, 2011. See also Testimony rendered via affidavit by Gleimar Coromoto Uzcátegui Jiménez on November 14, 2011: “Néstor left school and worked at whatever he could because of our difficult financial situation” (Evidence file, volume 17, page 5498). 44 Cf. Court file No. IP01-P-2010-005394, Police Report, statement by Juan Alexander Rojas dated January 1,2001 (Evidence file, volume 7, pages 3557 and 3558). 45 The State claimed that only his two brothers Carlos Eduardo and Luis were present, while the representatives asserted that other family members were also present, namely: his sisters Gleimar, aged 20, Paula Yulimar aged 15 and Irmely Gabriel, aged 16; his grandmother Julia Chiquinquirá Jiménez, aged 63, and his one year-old niece Josianni de Jesús Mora Uzcátegui (Evidence file, Merits, volume 2, page 139). 46 Cf. Record of interview with Inspector Juan Alexander Rojas Reyes by the Technical Corps of the Judicial Police, Office of the State of Falcón, on September 27, 2001 (Evidence file, volume 21, pages 6666 and 6667). 47 Cf. Statement of January 19, 2001 by Mrs. Julia Chiquinquirá Jiménez García before the Technical Corps of the Judicial Police, Office of the State of Falcón (Evidence file, volume 21, pages 6638-6639), and hearing before the 126th Prosecutor of the Metropolitan Area of Caracas. Also see statement by José Valdemar Rodríguez, December 7, 2005 (Evidence file, volume 21, pages 6662 and 6663). 48 Cf. Death Certificate (Evidence file, volume 21, pages 6568); Expert report on autopsy conducted at Coro, on January 5, 2001, addressed to the head of the Technical Corps of the Judicial Police, Delegation Coro State Falcón, signed by Dr. Ángel P. Reyes Chirinos, Chief Forensic Examiner and Dr. Emilio Ramón Medina, Forensic Examiner II (Evidence file, volume 21, pages 6669), and Death Certificate of January 23, 2001 (Evidence file, volume 21, pages 6671). 49 Cf. Expert report on autopsy of January 5, 2001 (Evidence file, volume 21, pages 6669). 50 Cf. List of items received No. 0790 of January 12,2001, File F-761687, CTPJ, State of Falcón (Evidence file, volume 2, page 902). 13