Public Prosecutor’s Office of the Judicial District of the State of Falcón stated that the “proceedings requested [in the context of the investigation into the death of Néstor José Uzcátegui,] were clearly insufficient given the complexity of the case, particularly since it involves a crime against a person and even more so because it involves an alleged police confrontation, a phenomenon that currently occurs quite frequently, […] because of the state of impunity prevailing in the country as a result of a multifaceted problem that we are experiencing nowadays.” 207 140. Furthermore, as is analyzed below (infra paras. 216 to 231), the Court takes into account that the authorities’ investigation of the facts surrounding the death of Néstor José Uzcátegui has not been prompt or effective, nor has it been conducted within a reasonable time, because several of the basic investigative procedures necessary in this type of incident were not carried out. 141. Based on the foregoing, the Court concludes that the State did not present consistent, coherent, varied, reliable and sufficient evidence to consider that the use of use of lethal force against Néstor José Uzcátegui was, in the circumstances of the incident, legitimate or, in this scenario, absolutely necessary and proportional, or that the police officers who participated in this operation attempted to use other less lethal means. In any case, the State’s responsibility has been established since it did not demonstrate that the police officers had used lethal force because Mr. Uzcátegui’s actions posed a real and imminent danger to themselves or to others. 142. With regard to domestic regulations governing use of force, the Court finds that the representatives have not specified which rules of domestic legislation are, in their view, incompatible with international standards on the use of force by State security forces. For its part, the State in its arguments has referred to the rules adopted in recent years, particularly since 2006, governing the use of force by members of the police. Therefore, the Court considers that insufficient elements have been provided to examine the facts in light of Article 2 of the Convention. 143. In conclusion, the Court considers that the State has not demonstrated in this case that the police officers of the State of Falcón used legitimate and, where applicable, necessary and proportional force against Mr. Néstor José Uzcátegui; rather, it has been clearly proven that his death is attributable to the State; therefore, it considers that the State is responsible for the arbitrary deprivation of the life of Mr. Néstor José Uzcátegui, in violation of his right to life, recognized in Article 4(1) of the American Convention, in conjunction with Article 1(1) thereof. VI. 2 THE ARREST OF LUIS AND CARLOS UZCÁTEGUI ON JANUARY 1, 2001. (RIGHTS TO PERSONAL LIBERTY AND RIGHTS OF THE CHILD) A. - Arguments 144. The Commission argued that the State is responsible for the violation of Articles 7(1), 7(2), 7(3), 7.4 and 7(5), in conjunction with Article 1(1), of the American Convention, to the detriment of Luis Enrique Uzcátegui, and in conjunction with Article 19 of said instrument to the detriment of Carlos Eduardo Uzcátegui, for his arrest on January 1, 2001. It argued that the arrest took place without a warrant and without 207 Brief of April 17, 2001, file IP01-P-2010-005394 forwarded by the State (Evidence file, volume 7, page 3552). 36