Uzcátegui; 2) Luis Enrique Uzcátegui in respect of his arrest on January 1, 2001 and
the alleged threats and harassment against him, and 3) the other family members.
B.1.
Alleged violation of the right to humane treatment [personal
integrity] of Néstor José Uzcátegui
181. In relation to the possible violation of the right to humane treatment of Néstor
José Uzcátegui in the moments prior to his death, the Court considers, on the one
hand, the particular circumstances in which it occurred, particularly the great level of
force used by the police against the victim and, on the other hand, that there is not
sufficient evidence in the record to reasonably presume that the latter, in those brief
moments, suffered fear and anguish due to the awareness that the events that were
taking place would lead to his possible death, which was uncertain. In the Court’s
opinion, the declared violation of the right to life includes, in this case and as an
inherent part of it, the consequences arising therefrom, including disregard for the
personal integrity of the victim. Therefore, it is not appropriate to declare that the
State violated its obligation to respect the personal integrity of Néstor Uzcátegui and
consequently, that it violated Article 5(1) in relation to Article 1(1) of the American
Convention.
B.2.
Alleged violations of the right to humane treatment [personal
integrity] and freedom of expression to the detriment of Luis
Enrique Uzcátegui.
182. With respect to the alleged acts of violence committed by the police against Luis
and Carlos Eduardo Uzcátegui during their arrest on January 1, 2001, the Court notes
that no other evidence was provided aside from the statements of the alleged victims
from which to infer that the victims actually suffered harm to their physical, mental, or
moral integrity after their release by the Police. However, it is reasonable to assume
that their unlawful arrest at the very time of the execution of their brother Néstor had
the purpose and also the result, that Messrs. Luis and Carlos Eduardo Uzcátegui
experienced deep feelings of fear, suffering, and anxiety - as presumably happenedwhich constitute a specific and effective violation of their right to humane treatment.
183. As to the events of January 25, 2003, the Court has indicated that the
evidentiary elements in the file were not sufficient or varied enough to prove that Luis
Enrique Uzcátegui was subjected to mistreatment while in detention (supra para. 96).
It should be emphasized that, as was indicated, the Prosecutor’s Office asked Luis
Enrique Uzcátegui to have a medical examination in order to confirm the mistreatment
to which he was allegedly subjected, but he did not do so. At the same time, with
respect to those facts, according to the statement by the authorities of the First
Prosecutor’s Office of the State of Falcón, Luis Enrique Uzcátegui’s detention was not
recorded in the logbook (supra para. 94).
184. Moreover, in relation to the alleged threats and harassment against Luis Enrique
Uzcátegui, the Court notes that these began after he started his legal and media
activities to seek justice for the death of his brother and other human rights violations
committed by the security forces of the State Falcón (supra para. 123). In this regard,
the Commission and the representatives alleged, without this being disputed by the
State, that the threats and harassment against Luis Enrique Uzcátegui were intended
to intimidate him and stop him from making such accusations.
consisting of deprivation of liberty shall have as an essential aim the reform and social rehabilitation of
prisoners.”
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