46.
On January 3, 2001 the CTPJ asked the Commander General of the Armed
Police Forces of the State of Falcón, Oswaldo Rodríguez León, to report the names of
the officers involved in the operation in which Néstor José Uzcátegui 62 lost his life.
47.
On January 5, 2001, the Second Prosecutor’s Office asked the CTPJ to order the
following procedures: i) to take statements from the police officers present on the day
of the incident; ii) to perform an expert assessment of the weapon collected, and iii)
submit the results “with urgency”.63 Similarly, it requested that several procedures be
carried out to ascertain the facts: ballistic comparison tests, survey of the crime scene
and of the vehicles used.64
48.
On January 10, 2001, the request made to the Commander General of the
Armed Police Forces of the state of Falcón, Oswaldo Rodríguez León, was reiterated 65
(supra para. 46).
49.
On February 6, 2001 the Senior Prosecutor of the Public Prosecutor’s Office of
the State of Falcón assigned the case to the First Prosecutor of the Public Prosecutor’s
Office (hereinafter “First Prosecutor”), since the investigation by the Second Prosecutor
had concluded.66
50.
On April 17, 2001 the First Prosecutor proposed that the investigative stage of
the case be reopened “to carry out a more thorough investigation of the facts,”67
noting that there were “numerous failings in the preliminary investigation.”68
51.
On June 14, 2001, the First Prosecutor reiterated the request for evidence
assessment and in particular asked the CTPJ to carry out several procedures,
including: i) taking statements from the officers involved in the operation that resulted
in the death of Néstor José Uzcátegui; ii) expert assessment and identification of the
vehicles used; iii) ballistic comparison tests; iv) identification of possible witnesses in
the neighborhood, and 5) “any other procedure necessary to investigate the facts.” 69
Uzcátegui to the Technical Corps of the Judicial Police, Office of the State of Falcón (Evidence file, volume
18, pages 5599 and 5560).
62
Cf. Official letter Nº 0021 signed by Jesús Martínez on January 5, 2001 (Evidence file, volume 7,
page 3610) signed by Jesús Martínez, cited by the petitioners in their brief of March 14, 2007, not disputed
by the State.
63
Cf. Official letter FAL–2-29, of January 5, 2001 (Evidence file, volume 7, page 3566).
64
Cf. Request by the Second Prosecutor of the District Court of the State of Falcón to the Chief
Commissioner of the Technical Corps of the Judicial Police –Office of Coro, State of Falcón of June 14, 2001
(Evidence file, volume 21, pages 6680-6681).
65
Cf. Official letter Nº 0102. 10-01-2001, signed by Jesús Martínez Ramones, referenced in Official
letter Nº 9700-060 of September 19, 2001 (Evidence file, volume 2, page 950).
66
Cf. Brief of February 6, 2001 of the Senior Prosecutor of the Public Prosecutor’s Office addressed to
the First Prosecutor of the Public Prosecutor’s Office, Case Nº 379-01 (Evidence file, volume 21, page 6682,
and volume 1, page 336).
67
Official letter FAL-1-587 of April 17, 2001, addressed to the Assistant Prosecutor of the Superior
Criminal Court of the State of Falcón signed by Attorney Aníbal Eduardo Lossada Lossada, First Prosecutor
of the Public Prosecutor’s Office of the Criminal District Court of the State of Falcón (Evidence file, volume
21, page 6683, and volume 1, page 337).
68
Brief of April 17, 2001, addressed to the Assistant Prosecutor of the Superior Criminal Court of the
State of Falcón, signed by Attorney Aníbal Eduardo Lossada Lossada, First Prosecutor of the Public
Prosecutor’s Office of the Criminal District Court of the State of Falcón, Santa Ana de Coro, April 17, 2001
(Evidence file, volume 21, page 6683).
69
Cf. Request of June 14, 2001 from the Second Prosecutor of the Public Prosecutor’s Office of the
State of Falcón to the Chief Commissioner of the Technical Corps of Judicial Police- Office of Coro-State of
Falcón (Evidence file, volume 1, pages 338-339).
16