woman who testified on the day of the incident regarding the conduct of Néstor José
Uzcátegui, and vi) any other procedure that would help to clarify the facts.78
60.
On February 25, 2002, the CTPJ ordered a survey of the scene of the incident to
be carried out.79
61.
On February 28, 2002, the Criminal Investigations Office of the Armed Police
Forces of Falcón reported to the Scientific, Penal and Criminal Investigations Corps
(hereinafter “CICPC” for its Spanish acronym) the names of the police officers involved
in the operation in which Néstor José Uzcátegui was killed.80
62.
On March 6, 2002 the CTPJ summoned four police officers to render statements
regarding the incident.81 In addition, a neighbor who made a statement on the day of
the incident ratified her statement.82
63.
On July 8, 2002, COFAVIC asked the Attorney General Office to carry out a
number of procedures to investigate the death of Néstor José Uzcátegui; guarantee the
victims protection and reparation for the harm caused; guarantee the victims
information on the status of the investigations; and provide COFAVIC with access to
the case file records, as well as information related to the status of the
investigations.83
64.
On August 28, 2002, the first survey was conducted at the scene of the events
of this case.84
65.
On January 30, 2003, the Seventh Prosecutor asked the Chief Commissioner of
the Investigations Body to report “with urgency” on whether the procedures requested
on February 21, 2002, had been carried out, (supra para. 59), and on the status of the
case file.85 There is no record of a response to this request.
66.
On September 12, 2003, the Seventh Prosecutor forwarded the case file to the
CTPJ for the following procedures to be carried out: i) a ballistics test to compare the
evidence gathered of criminological interest; ii) collect monitoring records of the
78
Cf. Official letter No. FAL-7-0192-02, signed by Attorney Rafael Américo Medina. Seventh
Prosecutor of the State of Falcón (Evidence file, volume 7, page 3651 and Evidence file, volume 2, pages
937 and 938).
79
Cf. Site survey cited in case file forwarded by the State (Evidence file, volume 18, page 5601y
Evidence file, volume 2, page 935).
80
Cf. Official letter No. 000475 February 28, 2002 to the Head of the Scientific, Penal and Criminal
Investigations Unit, signed by Commander General Oswaldo Antonio Rodríguez León. Attachment to the
petitioners’ brief of January 13, 2010. The police offers are: Gustavo Argueta, José Acosta; Wilmer Suárez,
Martín Arteaga; Pedro Acosta, Francisco Primera; Ángel Jiménez and Wilmer López; Jesús Medina Enrique
Romero, and Alexis Pereira and Jhon Hernández (Evidence file, volume 1, page 352).
81
Cf. Official letter Nº 9700-060-1516, signed by the Chief Commissioner of the CPTJ Chacin Dupuy.
Document cited by the petitioners in their brief of March 14, 2007, not disputed by the State. The police
offers are: Gustavo Argueta, José Acosta, Wilmer Suárez and Martín Arteaga (Evidence file, volume 2, pages
929 and 930).
82
Cf. Record of interview with Toyo Adrianza María Antonia of March 7, 2002, signed by Deputy
Inspector Richard Marrufo F. (Evidence file, volume 2, pages 931 and 932).
83
Cf. Brief addressed to the Attorney General of the Bolivarian Republic of Venezuela signed by
Liliana Ortega Mendoza, Executive Director of COFAVIC and received on July 8, 2002 (Evidence file, volume
2, pages 961-966, and volume 1, pages 357-361).
84
Cf. Site survey carried out by the Scientific Penal and Criminal Investigations Corps -Delegation
State Falcón, August 26, 2002 (Evidence file, volume 21, page 6684 a 6685).
85
Cf. Official letter No. FAL-7-066-03, cited by the petitioners in their brief of March 14, 2007 and not
disputed by the State (Evidence file, volume 2, page 967).
18