stated that they cordoned off the area while they urged the person who allegedly fired the shots to hand over his weapon. 56 The police officers added that there was no response to their requests, for which reason they entered the house through the back part and, after the police had evacuated his two brothers from the house, Néstor José Uzcátegui had come out of the bathroom firing at them; as a result, the officers responded with their service weapons.57 During the exchange of fire Néstor José Uzcátegui was wounded and subsequently died on the way to hospital.58 C. - The investigation into the death of Néstor José Uzcátegui 44. On January 2, 2001 the Second Prosecutor of the State of Falcón (hereinafter “the Second Prosecutor’s Office”) ordered a criminal investigation to be opened into the death of Néstor José Uzcátegui59, based on information provided by the Technical Corps of the Judicial Police of the State of Falcón (hereinafter “CTPJ” for its Spanish acronym) and the Armed Police Forces of that State.60 45. On January 1, 18, 19 and 26, 2001 the family members who were present at the time of the incident, appeared before the Technical Corps of the Judicial Police of the State of Falcón to make statements and file their complaints.61 56 Cf. Police Report, Directorate of Investigations, General Headquarters of the Armed Police Forces of the State of Falcón, of January 1, 2001 signed by Deputy Inspector Alexander Rojas (Evidence file, volume 7, pages 3557 and 3558), and Record of interview with Deputy Inspector Valdemar Rodríguez by the Technical Corps of the Judicial Police, Office of the State of Falcón of September 26, 2001 (Evidence file, volume 18, pages 5602 and 5603). 57 Cf. Police Report, Directorate of Investigations, General Headquarters of the Armed Police Forces of the State of Falcón, January 1,2001, signed by Deputy Inspector Alexander Rojas (Evidence file, volume 7, pages 3557 and 3558); Record of interview with Deputy Inspector Valdemar Rodríguez by the Technical Corps of the Judicial Police, Office of the State of Falcón of September 26, 2001 (Evidence file, volume 18, pages 5602 and 5603), and Record of interview with Inspector Juan Alexander Rojas Reyes by the Technical Corps of the Judicial Police, Office of the State of Falcón of September 27, 2001 (Evidence file, volume 18, pages 5603 and 5604). 58 Cf. Police Report, Directorate of Investigations, General Headquarters of the Armed Police Forces of the State of Falcón, January 1, 2001, signed by Deputy Inspector Alexander Rojas, (Evidence file, volume 7, pages 3557 and 3558), and final arguments of the State (Merits file, volume 5, pages 856-857). 59 Cf. Second Prosecutor of the State of Falcón-Coro. Order to open an Investigation, dated January 2, 2001, Nº FAL-2-S/N, Attachment to the petitioners’ brief of November 26, 2008. The investigation was opened based on Articles 292 and 304 of the Code of Criminal Procedure (COPP, for its Spanish acronym), which state: “Article 292. Investigation of the Public Prosecutor’s Office: Whenever the Public Prosecutor’s Office has knowledge of the commission of a punishable public action, shall order the necessary procedures to investigate and prove its commission, including all the circumstances that could determine its legal definition and the responsibility of the authors and other participants, securing the active and passive objects related to the perpetration.” Article 309 of the COPP: “Article 309. Opening of the investigation. Once the suit has been filed or the complaint received, the prosecutor of the Public Prosecutor’s Office shall order, without delay, the opening of the investigation, and shall order all the necessary procedures verify the circumstances described in Article 292. Through this order the Public Prosecutor’s Office shall open the official investigation.” Second Prosecutor of the State of Falcón, city of Coro. Order to Open an Investigation, January 2, 2001. (Evidence file, volume 21, page 6679). 60 Cf. Official letter No. 8166 of the CTPJ dated January 1,2001 addressed to the Second Prosecutor of the Public Prosecutor’s Office of the State Falcón, signed by Jesús Martínez Ramones, Chief Commissioner, and Official letter No. 0001 of January 1, 2001 addressed to Dr. Henry Nelson, Second Prosecutor of the Public Prosecutor’s Office State Falcón, from the Directorate of Investigations, General Headquarters of the Armed Police Forces State Falcón (Evidence file, volume 2, page 859). 61 Cf. Statement of Gleimar C. Uzcátegui Jiménez of January 1, 2001 to the Technical Corps of the Judicial Police, Office of the State of Falcón (Evidence file, volume 18, pages 5592 and 5593); Statement of January 18, 2001 of Luis Enrique Uzcátegui to the Technical Corps of the Judicial Police, Office of the State of Falcón (Evidence file, volume 18, pages 5595 and 5596); Statement of January 19, 2001 by Mrs. Julia Chiquinquirá Jiménez García to the Technical Corps of the Judicial Police, Office of the State of Falcón Evidence file, volume 18, pages 5597 and 5598), and Statement of January 26,2001 by Carlos Eduardo 15