5
duty to investigate by means of the appointment, by the Public Prosecutor’s
Office, of a new national prosecutor, in consultation with the applicants.”
18.
The oral arguments made by the State at that same public hearing,
summarized as follows:
a)
The Commander of the Armed Police Forces of the State of Falcón
forwarded a file in which there are “[a]bundant details on the [...] irregular
behavior” of Luis Uzcátegui “all this has made it difficult for the Venezuelan
State to provide protection by police agents to a person who has often had to
be detained at police posts for [aggression].”
b)
“[T]he case in point is one that is incumbent upon Venezuelan courts.”
“There is a problem in the State of Falcón that is incumbent upon the Courts
in the State of Falcón , and that must fall under that jurisdiction to clarify a
number of facts and circumstances that cannot, for example, lead the police
authorities of the State of Falcón to obey, as if they were automatons,
provisional measures in favor of a person who [...] has been taken into
custody by the police several times [...].”
c)
The officials in charge of carrying out the measure granted by the
Court were faced by a request to protect “not, precisely, [a] person whom
they did not know, but rather a person whom they unfortunately knew from
the facts [described].”
d)
“[I]n one way or another the Armed Police Forces of the State of
Falcón [...] will take care, even if indirectly, to avoid a bothersome situation
for the State, to ensure that nothing happens to [Luis Uzcátegui].”
e)
It is not easy to understand the situation of having to “provide
protection to a person whom they have had to imprison several times for
aggression against his own family.” Neither the law, “nor the interpretation of
laws and institutions, can under any circumstances [...] lead to the absurd,
they must lead us to logical, reasonable, and rational solutions, within the
context of proceeding fairly and equitably.”
19.
The documents filed by the Inter-American Commission at the public hearing,
which were two copies of the February 17, 2003 letter signed by Juan Carlos
Gutiérrez, Regional Director of CEJIL, and addressed to the Secretariat of the Court,
and the original and one copy of the statement rendered by Luis Enrique Uzcátegui
Jiménez on February 13, 2003.
20.
The sworn statement by Luis Uzcátegui (supra Having Seen 19), in which he
stated that:
a)
On February 13, 2003 he rendered testimony before the Municipal
Court of Carrizal in the State of Miranda, regarding the death of his brother
Néstor José Uzcátegui, in connection with the acts of harassment that he and
his family had suffered in pursuit of justice, as well as regarding the
Provisional Measures ordered by the Inter-American Court on November 27,
2002.
b)
On January 1, 2001 a commission of the “LINCE” Group and “DIPE”
(Police Directorate of the State) of the Armed Police Forces of the State of
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