January 14, 2011, the representatives forwarded a communication in which they referred to
“the recent death of Néstor Caudi Barrios” and, subsequently, on June 6, 2011, they
clarified that he had been the victim of an attempt on his life, but was still alive.18 Lastly, on
May 30, 2011, the Commission informed the Court that, on May 28, 2011, Juan José Barrios
had been deprived of his life, forwarded two newspaper articles in this regard, and asked
the Court to analyze this supervening fact.
20.
The Court finds that, in principle, the facts reported following the submission of the
case are related to the purpose of the case; in other words, the alleged threats, attacks,
detentions, and deprivation of life of members of the Barrios family (supra para. 3).
Consequently, the Court admits as evidence of supervening facts the documents provided
by the Commission that have not been contested by the parties, in the terms of Article
57(2) of the Rules of Procedure.
21.
Additionally, during the public hearing, the State handed over statistical information
on the number of police agents involved and accused of crimes presumably committed in
exercise of their functions, and sentenced and convicted with a final judgment. For their
part, the representatives handed over copies of judicial case files obtained after
presentation of the pleadings and motions brief.19 The copies of these documents were
forwarded to the other parties at that time and were not contested by them; thus the Court
admits these documents under Article 57(2) of the Rules of Procedure.
22.
Lastly, the parties submitted documents together with their final written arguments
and observations, in response to the requests made by the Court’s judges during the public
hearing. The representatives also submitted receipts for costs and expenses incurred after
the presentation of the pleadings and motions brief (infra para. 380). The Commission
forwarded extracts from a report of the Office of the Venezuelan Ombudsman. For its part,
the State forwarded updated documentation on the status of the domestic investigations,
reports from the Public Prosecution Service and the Ombudsman's Office, a document
related to the alleged situation of displacement of the members of the Barrios family, and
the minutes of a special hearing held on July 27, 2011, on the measures of protection
ordered in the domestic sphere. While the representatives and the Commission forwarded
the documents related to the questions raised by the Court promptly, the State sent them
on August 30, 2011; in other words, nine days after the non-extendible time frame
established in Article 28(1) of the Rules of Procedure had expired. Nevertheless, the Court
recalls that the updated information on the domestic proceedings and the presumed
displacement of the alleged victims was provided by the State in response to a specific
request for helpful evidence made by the Court during the public hearing. Consequently, the
Court decides to admit them in application of Article 58(b) of the Rules of Procedure, and
will assess the relevant parts of them, taking into consideration the body of evidence, the
observations of the parties, and the rules of sound judicial discretion.
C. Admission of the statements of the alleged victims and the testimonial
and expert evidence
23.
Regarding the statements of the alleged victims and the witness, and the expert
opinions provided during the public hearing and by affidavit, the Court finds them pertinent
insofar as they comply with the purpose defined by the President in the order requiring
them (supra para. 7). They will be assessed in the corresponding chapter, together with the
18
Brief of the representatives of June 6, 2011 (merits file, tome III, folios 772 and 773).
19
Acknowledgment of receipt of documents of June 30, 2011.
13