52.
On June 20, 2001 Luis Uzcátegui again filed a complaint before the Second
Prosecutor’s Office regarding the incident in which his brother Néstor José died, as well
as on the unlawful arrest and abuse suffered by him and his brother Carlos Eduardo on
that same date (infra para. 88).70
53.
On August 1, 2001 the CTPJ requested that ballistics comparison tests be
carried out.71
54.
On September 19, 2001, the CTPJ asked Commander General Rodríguez León
to summon the police officers present at the time of the incident and provide the
weapons and vehicles related to the incident. 72 It is not clear whether there was a
response to this request.
55.
On September 26 and 27, 2001, the police officers present on the day of the
incident made statements to the CTPJ.73
56.
On October 10, 2001, due to a change in the Prosecutor’s Office investigating
the facts,74 Luis Uzcátegui requested information on the status of the proceeding from
the Senior Prosecutor of the Prosecutor’s Office in the State of Falcón. On October 17,
2001, the Senior Prosecutor explained that upon the instructions of the Office for the
Protection of Fundamental Rights of the Public Prosecutor’s Office, the case in question
had been submitted to the Seventh Prosecutor of the State of Falcón. 75
57.
On November 2, 2001, the CTPJ asked Commander General Rodríguez León to
report the identity of the police officers who manned the patrol vehicles involved in the
incident.76
58.
On November 14, 2001, the Operations Office of the Armed Police Forces of the
State of Falcón informed the CTPJ of the State of Falcón, of the identity of the
policemen who manned the identified police vehicles on January 1, 2002. 77
59.
On February 21, 2002, the Seventh Prosecutor’s Office required the chief of the
Scientific Investigations Corps to carry out the following procedures: i) request
information on the identity of the officers who manned the aforementioned patrol cars;
ii) identify the officers, summon them and interview them; iii) carry out ballistic tests;
iv) conduct a survey at the scene of the incident; v) expand on the interview with the
70
Cf. Complaint filed on June 20, 2001 sent to the Assistant Prosecutor of the Second Prosecutor’s
Office and signed by Luis Enrique Uzcátegui (Evidence file, volume 1, page 340) Cf. Complaint filed on June
20, 2001 sent to the Assistant Prosecutor of the Second Prosecutor’s Office and signed by Luis Enrique
Uzcátegui. Attachment to the petitioners’ brief of March 14, 2007.
71
Cf. Technical report, Official letter Nº 9700-060-775 (Evidence file, volume 7, page 3662).
72
Cf. Official letter No. 9700-060 addressed to the Commander General of the Armed Police Forces,
signed by Balmiro Chacin Dupuy (Evidence file, volume 1, page 345).
73
Cf. Record of interview with Inspector Juan Alexander Rojas Reyes by the Technical Corps of the
Judicial Police (Evidence file, volume 8, pages 5603 and 5604), Office of the State of Falcón of September
27, 2001 and Record of interview with Deputy Inspector Valdemar Rodríguez by the CTPJ, Office of the State
of Falcón of September 26, 2001 (Evidence file, volume 18, pages 5602 and 5603).
74
Cf. Request by Luis Enrique Uzcátegui to the Senior Prosecutor of the Public Prosecutor’s Office of
Coro, State of Falcón, October 10, 2001 (Evidence file, volume 21, page 6587).
75
Cf. Brief of the Senior Prosecutor of the State of Falcón, dated October 17, 2001(Evidence file,
volume 21, page 6607).
76
Cf. Official letter Nº 6366 of November 2, 2001 (Evidence file, volume 2, page 956).
77
Cf. Official letter Nº 00002495 of November 14, 2001(Evidence file, volume 7, page 3673).
17