of the States to adapt their domestic legislation to the Convention187, and considering
that it is appropriate, in this case, to determine the compatibility of the actions of the
State agents with the American Convention188 in relation to the deprivation of the life
of Néstor José Uzcátegui189, the Court will proceed to examine whether the State
complied with its obligations under the Convention and will also assess the evidence
presented by the parties and the Commission in order to determine whether the use of
force by the State’s agents in this case was legitimate and, if applicable, necessary and
proportionate.
133. As to the facts surrounding the death of Néstor José Uzcátegui, the Court notes
that, from the evidence presented, and from the arguments made, it appears that
there are two versions of what occurred: on the one hand, there is the version based
on the testimony of various family members of Néstor José Uzcátegui and, on the
other hand, the version based on the statements of the police officers present at the
time of the events (supra paras. 39 to 43).
134. The Court notes that the versions of events related to this death contradict each
other on several points, including the following: i) first, there are discrepancies
regarding whether or not Néstor José Uzcátegui had fired at a police unit in the street,
since on the one hand, some testimonies indicate that he was outside the house with a
weapon190 and, on the other, statements by family members indicate that he had not
185
Cf. Case of Barrios Family v. Venezuela. Merits, Reparations and Costs. Judgment of November 24,
2011. Series C No. 237, para. 48 and Cf. Case of the “Street Children” (Villagrán Morales et al.) v.
Guatemala. Merits. Judgment of November 19, 1999. Series C No. 63, para. 139.
186
Cf. Case of Barrios Family v. Venezuela, para. 49 and Case of Zambrano Vélez et al. v. Ecuador.
Merits, Reparations and Costs. Judgment of July 4, 2007. Series C No. 166, paras. 82 to 90.
187
Cf. Case of Zambrano Vélez et al. v. Ecuador, para. 88 and Case of Barrios Family v. Venezuela,
para. 49. See also Case of Montero Aranguren et al. (Catia Detention Center) v. Venezuela. Preliminary
Objection, Merits, Reparations and Costs. Judgment of July 5, 2006. Series C No. 150, paras. 79 to 83.
188
Article 62 (3) of the American Convention states: “The jurisdiction of the Court shall comprise all
cases concerning the interpretation and application of the provisions of this Convention that are submitted to it,
provided that the States Parties to the case recognize or have recognized such jurisdiction, whether by special
declaration pursuant to the preceding paragraphs, or by a special agreement.”
189
Article 4(1) of the American Convention states: “Every person has the right to have his life respected.
This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily
deprived of his life.”
190
Cf. Police Report of January 1, 2001 signed by Juan Alexander Rojas and José Rodriguez Valdemar
(Evidence file, volume 18, page 5586); Record of interview with María Antonia Toyo of January 1, 2001
(Evidence file, volume 18, page 5587); Record of interview with María Antonia Toyo Adrianza of March 7,
2002 (Evidence file, volume 18, page 5600); Record of interview on September 26, 2001 signed by Nelson
Gregorio Saavedra (Evidence file, volume 18, page 5601); Record of interview on September 26, 2001
signed by José Rodriguez Valdemar (Evidence file, volume 18, page 5602); Record of interview on
September 27, 2001 signed by Juan Alexander Rojas (Evidence file, volume 18, pages 5603 and 5604);
Record of interview on December 7, 2005 signed by José Rodriguez Valdemar (Evidence file, volume 18,
pages 5608 and 5609); Record of interview on December 7, 2005 signed by Nelson Gregorio Saavedra
(Evidence file, volume 18, pages 5610 and 5611); Record of interview on December 7, 2005 signed by
Juan Alexander Rojas (Evidence file, volume 18, pages 5612-5614); Record of interview on August 5, 2009
signed by Alexis Rafael Riera Gómez (Evidence file, volume 18, pages 5619 and 5620); Record of interview
on August 6, 2009 signed by Gustavo Antonio Argueta Tovar (Evidence file, volume 18, page 5622); Record
of interview on August 6, 2009 signed by Wuilmen López Colina (Evidence file, volume 18, pages 5622 and
5623); Record of interview on August 6, 2009 signed by Ángel Antonio Jiménez Medina (Evidence file,
volume 18, page 5623); Record of interview on August 6, 2009 signed by Wilmen José Suárez López
(Evidence file, volume 18, page 5624); Record of interview on August 6, 2009 signed by José Luis Acosta
(Evidence file, volume 18, page 5624), and Record of interview with August 12, 2009 signed by Francisco
Ramón Primera Oberto (Evidence file, volume 18, page 5625).
32