115. On April 18, 2007, the First Prosecutor summoned the accused, accompanied by their attorneys, in relation to the facts of January 25, 2003. 168 116. On May 21, 2007, legal notice was provided of the charges filed against those alleged to be responsible for the crimes of deprivation of liberty.169 117. On March 28, 2008, the First Prosecutor filed charges before the Second Court of First Instance of the Criminal Judicial Circuit of the State of Falcón against three police officers for the crime of unlawful arrest to the detriment of Luis Uzcátegui for the events of January 25, 2003 (supra para. 93).170 118. On April 2, 2008, the Second Court of the State of Falcon notified Luis Uzcátegui of the charges brought by the prosecution, informing him that he had five days to file “his own complaint” or to “be party to the prosecution’s accusation.” 171 119. On December 10, 2008, the three officers attached to the Police of the State of Falcón, were accused of committing the crimes of unlawful arrest and forced entry into a home, both offenses committed with abuse of authority, simulation of a punishable act and arrest without a warrant, contemplated and sanctioned in Articles 176, 184, 239 and 179 of the Venezuelan Criminal Code.172 120. On February 3, 2009, a preliminary hearing was held, which had been postponed on several occasions because several individuals involved in the proceeding failed to appear173 (including Luis Enrique Uzcátegui). On this date the Court ordered the case to be dismissed because “the facts of the charges do not constitute a crime.”174 121. On February 27, 2009, the Public Prosecutor of the State of Falcón appealed the aforementioned decision.175 122. On May 6, 2009, the Court of Appeals of the Criminal Judicial District of the state of Falcón declared the appeal inadmissible, noting that it was time-barred.176 168 Cf. Record of Notification of April 18, 2007 (Evidence file, volume 9, page 4226 and ss). 169 Cf. Record of charges against Citizen Tremont Sánchez Harrison of May 21, 2007 (Evidence file, volume 9, page 4238 and subsq.). 170 Cf. Judgment of the Supreme Court of Justice, Criminal Circuit Court of the State of Falcón, Second Supervising Court, Coro of February 3, 2009 (Evidence file, volume 1, page 584 and ss). Notification slip. Second Supervising Court of the Criminal Circuit Court of the State of Falcón of April 2, 2008, attachment to the petitioners’ brief of November 26, 2008. See Judgment of the Supreme Court of Justice, Criminal Circuit Court of the State of Falcón, Second Supervising Court, Coro of February 3, 2009 Available at http://falcon.tsj.gov.ve/decisiones/2009/febrero/591-3-IP01-P-2008-000591-S-N.html. 171 Cf. Notification slip of April 2, 2008, issued by the Second Court of Control of the Criminal Circuit Court of the State of Falcón (Merits file, volume 21, page 6695). 172 Cf. State’s Report of September 6, 2010, on compliance with the Provisional Measures ordered by the Inter-American Court in the matter of Luis Enrique Uzcátegui (Provisional measures file, volume 7, page 2356). 173 Cf. Record of Hearing of February 3, 2009 (Provisional measures file, volume 6, page 2191 and ss). 174 Judgment of the Supreme Court of Justice, Criminal Circuit Court of the State of Falcón, Second Court of Control, Coro of February 3, 2009 (Provisional measures file, volume 6, page 2191 and ss). 175 Judgment of May 6,2009 of the Court of Appeals of the Judicial district of the State of Falcón (provisional measures file, volume 7, page 2356). 176 Cf. Official letter of May 6, 2009 (provisional measures file, volume 7, page 2356). 29