Uzcátegui; 2) Luis Enrique Uzcátegui in respect of his arrest on January 1, 2001 and the alleged threats and harassment against him, and 3) the other family members. B.1. Alleged violation of the right to humane treatment [personal integrity] of Néstor José Uzcátegui 181. In relation to the possible violation of the right to humane treatment of Néstor José Uzcátegui in the moments prior to his death, the Court considers, on the one hand, the particular circumstances in which it occurred, particularly the great level of force used by the police against the victim and, on the other hand, that there is not sufficient evidence in the record to reasonably presume that the latter, in those brief moments, suffered fear and anguish due to the awareness that the events that were taking place would lead to his possible death, which was uncertain. In the Court’s opinion, the declared violation of the right to life includes, in this case and as an inherent part of it, the consequences arising therefrom, including disregard for the personal integrity of the victim. Therefore, it is not appropriate to declare that the State violated its obligation to respect the personal integrity of Néstor Uzcátegui and consequently, that it violated Article 5(1) in relation to Article 1(1) of the American Convention. B.2. Alleged violations of the right to humane treatment [personal integrity] and freedom of expression to the detriment of Luis Enrique Uzcátegui. 182. With respect to the alleged acts of violence committed by the police against Luis and Carlos Eduardo Uzcátegui during their arrest on January 1, 2001, the Court notes that no other evidence was provided aside from the statements of the alleged victims from which to infer that the victims actually suffered harm to their physical, mental, or moral integrity after their release by the Police. However, it is reasonable to assume that their unlawful arrest at the very time of the execution of their brother Néstor had the purpose and also the result, that Messrs. Luis and Carlos Eduardo Uzcátegui experienced deep feelings of fear, suffering, and anxiety - as presumably happenedwhich constitute a specific and effective violation of their right to humane treatment. 183. As to the events of January 25, 2003, the Court has indicated that the evidentiary elements in the file were not sufficient or varied enough to prove that Luis Enrique Uzcátegui was subjected to mistreatment while in detention (supra para. 96). It should be emphasized that, as was indicated, the Prosecutor’s Office asked Luis Enrique Uzcátegui to have a medical examination in order to confirm the mistreatment to which he was allegedly subjected, but he did not do so. At the same time, with respect to those facts, according to the statement by the authorities of the First Prosecutor’s Office of the State of Falcón, Luis Enrique Uzcátegui’s detention was not recorded in the logbook (supra para. 94). 184. Moreover, in relation to the alleged threats and harassment against Luis Enrique Uzcátegui, the Court notes that these began after he started his legal and media activities to seek justice for the death of his brother and other human rights violations committed by the security forces of the State Falcón (supra para. 123). In this regard, the Commission and the representatives alleged, without this being disputed by the State, that the threats and harassment against Luis Enrique Uzcátegui were intended to intimidate him and stop him from making such accusations. consisting of deprivation of liberty shall have as an essential aim the reform and social rehabilitation of prisoners.” 45

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