been out of the house since the previous day 191; ii) second, there are contradictory
statements regarding the individuals who were present in the house at the time of the
incident, since according to the police officers’ testimonies 192, only three people were
present (Néstor José, Luis Enrique and Carlos Eduardo Uzcátegui), while the members
of the Uzcátegui family who were interviewed said more people were gathered on that
occasion to celebrate the new year 193, and iii) in the third place, the police officers
asserted that Néstor José Uzcátegui had a weapon which he fired against them, which
prompted them to defend themselves194, while Néstor José’s relatives testified that he
did not have any weapons and had been executed without any confrontation having
taken place.195
135. Given these major discrepancies in the aforementioned testimonies or
statements, the Court recalls that, in accordance with its case law, it must keep in
mind that “whenever the use of force [by State agents] results in the death or injuries
to one or more individuals, the State has the obligation to give a satisfactory and
convincing explanation of the events and to rebut allegations of its liability, through
appropriate evidentiary elements.”196
191
Cf. Testimony of Luis Enrique Uzcátegui before the Court during the public hearing held on
November 28, 2011 and Record of interview with Julia Chiquinquirá Jiménez García on January 19, 2001
(Evidence file, volume 18, pages 5597 and 5598).
192
Cf. Record of interview on September 26,2001 signed by Valdemar Rodriguez (Evidence file,
volume 18, page 5602); Record of interview on December 7, 2005 signed by José Rodriguez Valdemar
(Evidence file, volume 18, pages 5608 and 5609), and Record of interview on December 7, 2005 signed by
Juan Alexander Rojas (Evidence file, volume 18, pages 5612 a 5614)
193
Cf. Record of interview with Luis Enrique Uzcátegui of January 1,2001 (Evidence file, volume 18,
page 5588); Record of interview with Gleimar Uzcátegui Jiménez on January 1, 2001 (Evidence file, volume
18, page 5592); Record of interview with Luis Enrique Uzcátegui on January 18, 2001 (Evidence file, volume
18, pages 5595 and 5596); Record of interview with Julia Chiquinquirá Jiménez García on January 19, 2001
(Evidence file, volume 18, pages 5597 and 5598); Record of interview with Carlos Eduardo Uzcátegui
Jiménez on January 26, 2001 (Evidence file, volume 18, page 5599); Record of interview with Gleimar
Uzcátegui on August 15, 2005 (Evidence file, volume 18, pages 5605 and 5606); Record of interview with
Luis Enrique Uzcátegui on December 6, 2005 (Evidence file, volume 18, page 5607); Record of interview
with Irmely Gabriela Uzcátegui Jiménez on March 18, 2009 (Evidence file, volume 18, pages 5617 and
5618) and Record of interview with Paula Yulimar Uzcátegui Jiménez on February 14, 2011 (Evidence file,
volume 18, pages 5627 and 5628). Also see testimony of Luis Enrique Uzcátegui before the Court during
the public hearing held on November 28, 2011.
194
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 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), and Record of interview on December 7, 2005 signed by Juan Alexander Rojas
(Evidence file, volume 18, pages 5612-5614).
195
Cf. Testimony of Luis Enrique Uzcátegui before the Court during the public hearing held on
November 28, 2011; Record of interview with Julia Chiquinquirá Jiménez García on January 19, 2001
(Evidence file, volume 18, pages 5597 and 5598); Record of interview with Irmely Gabriela Uzcátegui
Jiménez on March 18, 2009 (Evidence file, volume 18, pages 5617 and 5618); Record of interview with
Paula Yulimar Uzcátegui Jiménez on February 14, 2011 (Evidence file, volume 18, pages 5627 and 5628);
Record of interview with Gleimar Uzcátegui on August 15, 2005 (Evidence file, volume 18, pages 5605 and
5606); Record of interview with Gleimar Uzcátegui Jiménez on January 1, 2001 (Evidence file, volume 18,
page 5592), and Record of interview with Luis Enrique Uzcátegui on January 18, 2001 (Evidence file, volume
18, pages 5595 and 5596).
196
Cf. Case Cabrera García and Montiel Flores v. Mexico. Preliminary Objection, Merits, Reparations
and Costs. Judgment of November 26, 2010. Series C No. 220 para. 134 and Case of Zambrano Vélez et al.
v. Ecuador, para. 108. See also Case Juan Humberto Sánchez v. Honduras. Preliminary Objection, Merits,
Reparations and Costs. Judgment of June 7, 2003. Series C No. 99, para. 111.
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