her mother had been victims of domestic violence, and he was taken to the Police station where he was held until the next morning.122 According to his statement rendered on January 29, 2003, the police had tried to frame him by ordering his sister to file a complaint accusing him of acts of violence that never took place. He was released after signing a “good behavior caution”, together with his mother and sister.123 94. Similarly, from the body of evidence it appears that Luis Enrique Uzcátegui was not entered in the register of detained persons or in the arrest books 124 and that the Prosecutor’s Office itself had opened an investigation that resulted in charges against the agents responsible for his arrest, for the crime of unlawful detention committed by a public official with abuse of authority. 125 Luis Enrique Uzcátegui reported these facts on March 27, 2003.126 95. Furthermore, the Court notes that the Commission reported that between the end of 2002 and the beginning of 2003, Luis Uzcátegui was frequently forced to move house and leave the State of Falcón, due to the threats and harassment to which he was subjected.127 This fact was not disputed by the State. 96. The Court points out that the following facts do not form part of the case: i) due to insufficient background evidence, the fact that Luis Enrique Uzcátegui was mistreated during his arrest on January 25, 2003128, as stated by the representatives and by Luis Enrique Uzcátegui129; ii) in the absence of a record of a complaint filed 122 According to subsequent comments made by Irmely Gabriela Uzcátegui in another statement, the complaint she signed was not read out to her, and its content is not consistent with the truth. In this regard see the evidence forwarded by the State itself, Statement of Irmely Gabriela Uzcátegui Jiménez of January 29, 2003 before the First Prosecutor’s Office of the Criminal Circuit Court of the State of Falcón (Evidence file, volume 9, page 4340). In several statements, Luis Enrique Uzcátegui reported that he had been arrested at his home, without a warrant, that he had been mistreated by the police and placed in a cell with five other detainees; Statement of Luis Enrique Uzcátegui Jiménez of January 29, 2003 before the First Prosecutor’s Office of the Criminal Circuit Court of the State of Falcón. He added that the police had set a trap by ordering his sister to file a complaint accusing him of acts of violence that did not take place (Evidence file, volume 9, pages 4338 and 4339), Record of interview with January 31,2005 before the First Prosecutor’s Office of the District Court of the State of Falcón (Evidence file, volume 9, pages 4522 a 4524). See also Record of interview with Luis Enrique Uzcátegui of April 4, 2005 before the Scientific Penal and Criminal Investigations Corps of the Sub Office for Coro, State of Falcón (Evidence file, volume 9, pages 4557 a 4559); Press report: “Luis Enrique Uzcátegui affirms: it was a simple argument with my sister”, El Falconiano, of February 1, 2003 (Evidence file, volume 8, page 3996), and press report: “Luis Enrique Uzcátegui accuses once again”, La Prensa, of January 28, 2003 (Evidence file, volume 8, page 4050). 123 Cf. Good Conduct Caution issued on January 26, 2003 (Evidence file, volume 9, page 4336). Also see record of interview with Luis Enrique Uzcátegui on November 9, 2005 by the Scientific, Penal and Criminal Investigations Corps, Coro branch office (Evidence file, volume 1, pages 528 and 529). 124 Cf. Brief of the Prosecutor of January 28, 2003 (Evidence file, volume 8, page 4100) and Prosecutor’s written application of March 28, 2008 before the Third Supervising Judge of the Criminal Circuit Court of the State of Falcón (Evidence file, volume 8 pages 4245 a 4263). 125 Cf. Prosecutor’s written application of March 28, 2008 before the Third Supervising Judge of the Criminal Circuit Court of the State of Falcón (Evidence file, volume 8 pages 4245-4263, and page 4100). 126 Cf. Complaint filed before the First Prosecutor of the Public Prosecutor’s Office of the State of Falcón (Evidence file, volume 8, pages 4183-4186). 127 This information had already been submitted within the context of the Provisional Measures before the Inter-American Court. 128 The evidence file shows that the Prosecutor’s Office had asked Luis Enrique Uzcátegui to have a medical examination to confirm the mistreatment to which he was allegedly subjected, but he did not have one. See Press report: “Luis Enrique Uzcátegui asserts: it was a simple argument that I had with my sister”, El Falconiano, February 1,2003 (Evidence file, volume 8, page 3996). 129 Cf. Statement of Luis Enrique Uzcátegui Jiménez of January 29, 2003 before the First Prosecutor of the Criminal Circuit Court of the State of Falcón (Evidence file, volume 9, pages 4338 and 4339); Record of 24