233. As mentioned previously, the First Prosecutor of the Public Prosecutor’s Office of
the State of Falcón opened an investigation into the facts on January 28, 2003 and on
March 28, 2008, more than five years later, filed charges before the Second Court of
the Judicial District of the State of Falcón against three police officers for the crime of
unlawful deprivation of liberty.
234. Although a final judgment was issued on May 6, 2009 dismissing the charges in
this case, and it is clear that at the beginning of the investigation the prosecutor
ordered several procedures to be carried out, the Court notes that during the
proceeding, there were inexplicable procedural delays and periods during which there
was no procedural activity, such as, for example, between March 2003 and September
2005. It also notes that the circumstances of the case were not at all complex, since
charges brought by the prosecutor on March 28, 2008 were based on material and
objective elements that were easily obtained, most of which were in the Prosecution’s
possession within days of the events.
235. In the opinion of the Court, the fact that Luis Enrique Uzcátegui did not answer
the summons to the preliminary hearings in 2008, as alleged by the State, does not
explain the reasons for the delay by the authorities in formulating charges having had
access - for five years – to the same evidence upon which the charges were based.
236. Therefore, the Court finds that the investigations and the procedures aimed at
bringing charges for the events of January 25, 2003 in connection with the detention of
Luis Enrique Uzcátegui exceeded a reasonable time and, therefore, the State violated
the rights under the Articles 8(1) and 25(1) of the American Convention, in relation to
Article 1(1) thereof, to the detriment of Luis Enrique Uzcátegui.
B.3.
Investigations into the detention, threats and harassment against
Luis and Carlos Eduardo Uzcátegui.
237. As for the other investigations regarding the detention, threats, and harassment
against Luis Eduardo Uzcátegui and their families, the Court notes, first, that many of
these facts were reported to the competent authorities; secondly, that some
complaints were filed several weeks after the alleged incidents; and thirdly that,
despite this, there is no evidence in the record that investigations were carried out by
the relevant authorities277 or that the State presented arguments or evidence to
explain that the actions of the person concerned had been a significant hurdle for
carrying out the investigations and inquiries into the allegations.
238. In addition, the Court notes that the body of evidence established that Luis
Enrique Uzcátegui had identified several of the people who harassed and threatened
him,278 but it is not evident from the procedures followed by the authorities that they
took statements or investigated in some other manner. The State did not present
specific arguments mentioning the actions taken in this regard.
239. Consequently, the Court concludes that the investigations into the threats and
acts of harassment were not investigated with due diligence and within a reasonable
time, and that therefore the State violated the right of access to justice, recognized in
277
One of the few procedures mentioned concerns the events of November 14, 2002, when Luis
Enrique Uzcátegui was allegedly the victim of shots fired from a motorcycle. A Police Report of December
2002 records the fact that a Police delegation went to the place and interviewed “several passers-by who
when asked about the incident said they know nothing about it” (Evidence file, volume 8, page 4105).
278
Cf. Second Court of Control, Criminal Circuit Court of Coro, File IP01-P-2008-000591, Exhibit 2,
Accused: Harrison Joelis Tremont Sánchez, César Adan Martinez and Pedro José Romero Yánez (Evidence
file, volume 8, page 3902 and subsq.).
59
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