48
170. In the affidavit rendered in the public hearing,115 as well as in other statements,116
Mrs. Perozo offered a version of the facts that coincides with the version submitted by the
Commission.- However, her statements are inconsistent as to the inactivity on the part of
the security officers in said incidents, given the fact that she only mentioned this fact in the
hearing, whereas in the statement rendered before the Prosecutor, she declared that “an
officer helped Oscar Dávila, I do not remember whether it was one of the National Guard,
who helped us dispersing the demonstrators but they kept insulting us until we entered into
a building”.117
171. Moreover, in the transcript of interview with Efraín Henríquez, he declared that he
received “slight blows in the legs that left bruises”118 and he asserted that, when the camera
assistant got out in order to locate the van, he was not attacked "since, at that moment, the
National Guard had already dispersed the demonstration, because a protest was coming”.119
Mr. Enrique Dávila Pérez declared that he did not see any security officers in the place, “but
far from the place and during the protest, someone was deploying tear-gas canisters
towards [them]”.120 In other statements, Aloys Marín, Efraín Henríquez and Oscar Dávila
gave a version of the facts similar to the one given by Mrs. Perozo in the public hearing.121
172. The Court notes that the complaint was lodged more than two months after the
incident. The only proceedings carried out were the interviews conducted in the capacity of
witnesses to several alleged victims.122 The representatives mentioned that other
investigative proceedings have been conducted as of February 18, 2002, such as expert
reports for technical consistency and interviews.123 On February 27, 2007 more than five
years after the filing of the complaint, the 50º Assistant Prosecutor requested the
115
Cf. statement rendered by Mrs. Gabriela Perozo at the public hearing held before the Inter-American Court
of Human Rights on May 7, 2008.
116
Cf. request for justification of June 17, 2003 presented on June 20, 2003 before the 20º Municipal Court of
the Judicial District of Caracas Metropolitan Area, that contain the statement of Gabriela Perozo (Records of
evidence, volume 4, p. 885) and Statement of Gabriela Perozo. (records of evidence, Volume 10, appendix 50 of
the brief containing pleading, motions and evidence. 3069)
117
Cf. transcript of interview of January 23, 2007 with Gabriela Margarita Perozo Cabrices (records of
evidence, volume XXXII, pages 8208-8209).
118
Cf. Transcript of interview with Efraín Antonio Henríquez Contreras of February 28, 2002 before the 2º and
74º Public Prosecutor’s Offices of the Metropolitan Area of Caracas and Nacional Bancaria y Salvaguarda (records of
evidence, volume XXXII, pages 8186-8189) and transcript of interview with Efraín Antonio Henríquez Contreras of
January 14, 2005 before the 50º Prosecutors Office (records of evidence, volume XXXII, pages 8191-8192)
119
Cf. Transcript of interview with Efraín Antonio Henríquez Contreras of February 28, 2002 before the 2º and
74º Prosecutors Offices of the Metropolitan Area of Caracas and Nacional Bancaria y Salvaguarda (records of
evidence, volume XXXII, pages 8186-8189) and transcript of interview with Efraín Antonio Henríquez Contreras of
January 14, 2005 before the 50º Prosecutors Office (records of evidence, volume XXXII, pages 8191-8192)
120
Cf. transcript of interview of July 11, 2006 with Oscar Enrique Dávila Pérez before the 50º Plenipotentiary
Prosecutors' Office (records of evidence, volume XXXII, pages 8206-8209).
121
Cf. Request for justification of June 17, 2003, with the 20th Municipal Court of Caracas Metropolitan Area
Judicial District, containing the declarations of Aloys Marin, Efraín Henríquez and Oscar Dávila (records of evidence,
volume IV, pages 886-888).
122
Cf. transcript of interview of February 28, 2002 with Efraín Antonio Henríquez Contreras before the 2º and
74º Prosecutors Office of the Metropolitan Area of Caracas and Nacional Bancaria and de Salvaguarda (records of
evidence, volume XXXII, pages 8186-8189).
123
Cf., charter of complaint filed before the Attorney General's Office, prepared by the representatives
(records of evidence, volume XIV, appendix 69 to the brief of pleadings, motions and evidence, page 4005).
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