A. - Arguments.
A.1.
Alleged violation of the right to humane treatment [personal
integrity] of Néstor José Uzcátegui
160. The Inter-American Commission did not present arguments in relation to the
alleged violation of this right to the detriment of Néstor José Uzcátegui.
161. The representatives argued that when the police officers entered the bathroom
of the house where Néstor José Uzcátegui was, “they began firing at him
indiscriminately, affecting his physical safety with bullet shots to his body.” They added
that during the incident Nestor did not resist and that “the lack of respect for his
personal safety and dignity was evident from the moment of the armed raid on his
home until his subsequent extrajudicial execution.” Finally, they added that the cruelty
and violence used during his arrest, the beatings and assaults to which he was
subjected, the anguish and uncertainty he experienced prior to his extrajudicial
execution and the serious physical and emotional injury inflicted, reached such a
degree of severity and violence that it caused Néstor José Uzcátegui intense physical
and psychological suffering, all of which constitutes a serious violation of his right to
humane treatment.” Consequently, the representatives consider that the State violated
Article 5(1) and 5(2) of the American Convention to his detriment.
162. The State argued that it did not violate the right to humane treatment of
Néstor, Carlos and Luis Uzcátegui and the rest of the family members.
A.2.
Alleged violation of the right to humane treatment [personal
integrity] for the treatment of Luis and Carlos Eduardo Uzcátegui
when they were arrested
163. The Commission alleged the violation of Article 5 of the Convention to the
detriment of Carlos and Luis Enrique Uzcátegui in conjunction with Article 1(1) thereof,
and in the case of the arrest of Carlos, also in conjunction with Article 19 since he was
a minor at the time of the incident. In particular, the Commission emphasized that the
two brothers were forced into a police vehicle and were beaten while under arrest, all
of which amounts to cruel, inhumane, and degrading treatment. The Commission
added that the fear they felt at being secretly taken to an isolated area by police on
the day of their brother’s execution and after being beaten and hooded, knowing that
the same thing could happen to them, is a violation of their rights under Article 5 of
the American Convention.
164. The representatives stated that while under arrest, Luis and Eduardo Uzcátegui
were insulted, physically assaulted and threatened, which produced a feeling of intense
suffering and anguish. The added that due to their arrest, they were unable to attend
the funeral of their brother Néstor.
165.
The State did not present specific arguments in this regard.
A.3.
Alleged violation of the right to humane treatment [personal
integrity] for the threats and harassment suffered by Luis Enrique
Uzcátegui
166. The Commission argued that Luis Enrique Uzcátegui was a victim of death
threats, physical attacks and numerous acts of harassment by police officers of the
State of Falcón, which were intended to frighten him, so that he would not continue
making allegations about the death of his brother Néstor and other victims of this type
of police operation. Moreover, it argued that the State had failed to assess the risks,
provide the necessary protection, investigate and, where appropriate, prosecute and
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