alleged that the State must compensate Brígida Oneyda Barrios, Justina Barrios, Elbira
Barrios, Luis Alberto Barrios and Orismar Carolina Alzul for the arbitrary and illegal intrusion
in their homes with the corresponding destruction of property, taking into account that, in
some cases, it was necessary to rebuild the home almost entirely.438 They added that they
have no vouchers for the material losses, because the agents retained the objects without
making a record, and the Prosecutor never conducted the on-site inspection; consequently,
they asked the Court to establish the amount based on equity.
364. The Court observes that, although no probative elements have been provided in the
instant case specifying the damage caused to the personal wealth of the members of the
Barrios family, the Court has considered proved the destruction of private property and the
removal of possessions of Brígida Oneyda Barrios, Luis Alberto Barrios and Orismar Carolina
Alzul García (supra para. 138). Consequently, the Court finds it appropriate, based on the
equity principle, to order the State to pay as compensation the sum of US$600 (six hundred
United States dollars), or the equivalent in Bolívares Fuertes, to Brígida Oneyda Barrios, and
US$5,000 (five thousand United States dollars), or the equivalent in Bolívares Fuertes, to
Orismar Carolina Alzul García and Luis Alberto Barrios.
365. Additionally, the representatives stated that the facts of the instant case have
resulted in the members of the Barrios family incurring different expenses related to medical
and psychological care, particularly for the children, for which they do not have receipts. In
addition, Maritza Barrios, mother of Rigoberto Barrios, paid the expenses of hospitalization,
surgery, transport, medicines, tests, implements and equipment for the 11 days that her
son was in hospital, indicating that the said expenses amounted to BsF 9,600.00 (nine
thousand six hundred Bolívares Fuertes).
366. The Court has declared the State responsible for the death of Rigoberto Barrios
(supra para. 96), and has considered as a proven fact of the case that he was hospitalized
for 11 days before he died (supra para. 92). Nevertheless, based on the evidence in the
case file, the Court is unable to quantify precisely the amount that Maritza Barrios expended
owing to the said hospitalization. Consequently, the Court establishes in equity the sum of
US$2,000.00 (two thousand United States dollars), or the equivalent in Bolívares Fuertes,
that the State must pay to Maritza Barrios in reimbursement of expenses for medical
attention. Furthermore, regarding the medical and psychological care for the other members
of the Barrios family, the Court does not find sufficient evidence in the case file to
corroborate the alleged treatment. Hence, it will not rule on this measure of reparation.
367. The representatives also stated that they incurred different expenses in order to
obtain justice and establish the truth of what happened. Given that these expenses were
incurred over a period of more than 12 years, the next of kin have not kept receipts for
them; therefore they asked the Court to establish, based on equity, the sum of
US$3,000.00 (three thousand United States dollars) to be delivered to Eloisa Barrios.
438
The representatives alleged that, in the case of the search of the domicile of Brígida Oneyda Barrios, the
property lost had a value of BsF 900,000.00 (nine hundred thousand Bolívares) and she incurred expenses for the
reparation of a door of BsF 480.00 (four hundred and eighty Bolívares Fuertes). In the case of the search of the
domicile of Justina Barrios, the value of the property lost was BsF 503,000.00 (five hundred and three thousand
Bolívares), and she incurred expenses for the reparation of a door of BsF 480.00 (four hundred and eighty
Bolívares Fuertes), as well as BsF 400.00 (four hundred Bolívares Fuertes) to purchase new clothes. In the case of
the search of the domicile of Elbira Barrios, property with a value of Bs 278,500.00 (two hundred and seventyeight thousand five hundred Bolívares) was destroyed and/or seized and she indicated that she had purchased
personal possessions and two doors for her house without indicating the value. Lastly, in the case of the search of
the domicile of Luis Alberto Barrios and Orismar Carolina Alzul García, property with a value of BsF 452,000.00
(four hundred and fifty-two thousand Bolívares) was destroyed and/or seized and they incurred reparation
expenses of BsF 22,080.00 (twenty-two thousand and eighty Bolívares Fuertes).
109
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