6 Falcón raided his home without a court order. Then, he was handcuffed together with his younger brother Carlos Uzcátegui, whom they hit on the head, and they shot his brother Néstor José Uzcátegui in the groin, in the left leg and in the heart. The police officials, whom he was able to identify as members of the “LINCE Group” due to the uniforms and vehicles they used, sought to cover up the murder by feigning a confrontation. c) Harassment against him began the same day that his brother was murdered, when some of the police officials kidnapped him, taking him to “a place in the open country” and threatening to kill him if he denounced the facts. Harassment continued through threatening visits or phone calls by DIPE officials at his home and place of work. On December 26, 2002, DISIP (Dirección de los Servicios de Inteligencia y Prevención) officials, identified as such, raided his sister’s home. d) Given the loss of his brother and constant threats and persecution by DIPE officials, Luis Uzcátegui organized a committee of next of kin of victims of parapolice groups. On January 3, 2001 he denounced the facts before the Office of the Ombudsperson and on January 4 of that same year he did so before the Public Prosecutor’s Office of the State of Falcón and before the Judiciary Police. He ratified these claims in Caracas on July 8, 2002, but there was no reply. e) Due to lack of protection for himself and his family, requested of the National Guard of Venezuela by the witness and by the Inter-American Court of Human Rights by means of Provisional Measures, he has changed his place of residence several times, had to leave the State of Falcón, lost his job and distanced himself from his family to protect them. This also caused him insomnia, loss of appetite, gastritis, for which reason he requested before the courts that threats against him cease, that he and his family receive protection from a corps other than the Armed Police Forces of the State of Falcón, the National Guard, or the DISIP of the State of Falcón; that the facts be investigated, and that those responsible be found and punished so that he can recover a normal life. 21. The documents filed by the State during the public hearing held on February 17, 2003, which were a “document with clarification of claims by citizen Luis Uzcátegui Jiménez” and general information on cases of armed confrontations between policemen, criminals and others, sent by General Commissioner Oswaldo Rodríguez León to the Ministry of Foreign Affairs, Office of the Agent of the State for Human Rights before the inter-American and international system. CONSIDERING: 1. The State ratified the American Convention on August 9, 1977 and, pursuant to article 62 of that Convention, it recognized the contentious jurisdiction of the Court on June 24, 1981. 2. Article 63(2) of the American Convention sets forth that, in cases of “extreme gravity and urgency, and when necessary to avoid irreparable damage to persons,” the Court may adopt such provisional measures as it deems pertinent in matters it has under consideration, and in cases not yet submitted to the Court, it may act at the request of the Commission.

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