G. - Criminal proceeding for slander against Luis Enrique Uzcátegui 123. Luis Enrique Uzcátegui was President of the Commission for the Defense of Human Rights of the State Falcón, to which he dedicated himself after the death of his brother Néstor José.177 124. On February 7, 2003, Commander General Rodríguez León filed a complaint against Luis Enrique Uzcátegui before the Criminal Judicial District of the State of Falcón “for allegedly committing the crime of continuous aggravated slander, established and sanctioned in Articles 444 […] and 99 […] of the Criminal Code” and in relation to the statements made by Luis Enrique Uzcátegui to the press on June 4, 2002178, November 15, 2002179, February 25, 2003180 and January 25 [does not specify the year].181 125. On March 17, 2003, the complaint was admitted under Case No. IU-147-03.182 126. On May 20, 2005, the Second Trial Court ordered the opening of the public oral trial in relation to the proceedings against Luis Enrique Uzcátegui. Said trial was deferred until June 17, 2005 and then until July 19, 2005. 127. On April 20, 2006 the court dismissed the summons to an oral trial because the pre-trial conciliation hearing was never held, as established in the Criminal Procedure Code, once the private accusation is admitted. In the same ruling, the court summoned the parties to a conciliation hearing to be held on May 4, 2006, which the parties did not attend.183 177 Cf. Letter of Luis Uzcátegui of December 18, 2002 in the context of Provisional Measures before the Court (Evidence file, volume 1, page 457); La Mañana newspaper,” Family of Néstor Uzcátegui seeks justice for his murder” Sucesos of January 11, 2005 (Evidence file, volume 21, page 6606); Copy of Luis Uzcátegui’s letter to the President and other members of the Commission on Social Affairs and Citizen Participation of the Legislative Council of the State of Falcón of December 19, 2003 (Evidence file, volume 21, page 6604), and La Mañana, “FAP continues violating Human Rights in Falcón”, Sucesos January 25, 2003 (Evidence file, volume 8, page 4037). 178 According to the charges, on February 6, 2003 Luis Enrique Uzcátegui Jiménez had told the daily newspaper La Mañana that: “It is not possible that a year and a half has gone by since the start of these killings that were committed brazenly by death squads and led by a killer Commander and a Second Commander, such as Oswaldo Rodríguez León and Jesús López Marcano, the coordinators of these extermination groups.” […] “Lock up these murderers disguised in police uniforms.” 179 According to the charges, on November 15, 2002 Luis Enrique Uzcátegui Jiménez had stated in the daily La Mañana that: “I also blame the Commander of the FAP and all his followers for whatever could happen to [him] and [his] family because they have been subjected to reprisals by police officers who are persecuting him, threatening him wherever they find him.” On the same date, Luis Enrique Uzcátegui Jiménez had told the journalist Belikes Hernández of the newspaper La Mañana that “they are asking the Senior Prosecutor to make a statement about police executions.” 180 According to the charges, on February 25, 2003 Luis Enrique Uzcátegui Jiménez had stated, referring to Oswaldo Antonio Rodríguez León in Diario La Mañana, that “the FAP Commander has done nothing more than discredit the institution he leads, and create an extermination squad that threaten democracy in this country.” 181 According to the charges, on January 25 Luis Enrique Uzcátegui Jiménez had told Diario La Mañana that: “We must unmask the Police Commander, Commissioner Oswaldo Rodríguez León, who is the founder of the extermination group in Falcón, and the main person responsible for the series of killings that have been committed in the region.” 182 Cf. Admission of the Complaint by the First Trial Court, Santa Ana de Coro, March 17, 2003 (Evidence file, volume 15, pages 5032 to 5034). 183 Cf. Brief of Second Criminal Court of the State of Falcón, April 20, 2006, (Evidence file, volume 1, pages 474 and 475). 30