77.
The Court notes that, during the first detention on March 3, 2004, the minors were
arrested by hooded agents who kept them in custody, both outside an official place of
detention and in two police stations. At these places, they were assaulted and threatened
with death by police agents (supra para. 73). Regarding the deprivation of liberty that took
place on June 19, 2004, which began on a Guanayén street, while the agents took the
youths José Antonio Barrios Ortuño and Oscar José Barrios to the Barbacoas Police Station,
after a certain time the police allowed Gustavo and Jesús Ravelo, Luisa del Carmen Barrios
and Elbira Barrios to continue on their way and they left (supra para. 74). In this regard, on
the whole, the victims’ statements regarding these events before the Public Prosecution
Service and Scientific Investigation Unit, were consistent and congruent when describing the
facts, the conduct of the police officers, the length of the detention, and the assaults and
threats received.
78.
Moreover, Venezuela has not denied that these detentions occurred, and has not
presented information on their legality. The file of evidence provided by the State does not
contain a court order or proof of flagrante delicto, or the reasons or justification for any of
the detentions; in addition, it does not show that those involved were advised of the
possible reasons for the said deprivations of liberty. Furthermore, there is no evidence that
the detention and the subsequent release of the minors were registered officially, or that
the youths were able to communicate with their parents or next of kin (supra para. 74).
This fails to meet the requirements of article 44 of the Venezuelan Constitution on personal
liberty (supra para. 76) and, therefore, means that the deprivations of liberty were illegal
and contrary to the American Convention. In addition, in the case of the March 3, 2004,
detention of the minors Jorge Antonio Barrios Ortuño and Rigoberto Barrios, given the
specific circumstances indicated above (supra para. 73), the evident illegality in itself
involved arbitrariness.
79.
The foregoing allows the Court to conclude that the deprivations of liberty of Jesús
Ravelo, Gustavo Ravelo, Luisa del Carmen Barrios, Elbira Barrios, Rigoberto Barrios, Jorge
Antonio Barrios Ortuño and Oscar José Barrios were illegal and violated the right to personal
liberty established in Articles 7(1), 7(2) and 7(4) of the American Convention, in relation to
Article 1(1) of this instrument, to their detriment. In the case of the minors Rigoberto
Barrios and Jorge Antonio Barrios Ortuño, the said deprivation of liberty (supra para. 73 and
78) was also arbitrary, in violation of Article 7(3) of the Convention in relation to Article
1(1) thereof, to their detriment. Nevertheless, although the representatives and the
Commission referred to the lack of immediate judicial review of the detention of the youths,
they have not submitted any arguments or evidence that would allow the Court to
determine whether, in addition to the obligations established in article 44(1) of the
Venezuelan Constitution, the police agents were obliged to notify or inform a competent
judge of the detentions immediately. In this regard, the representatives referred to a law
that was not in force at the time of the events so that, in the absence of factual data or
more specific arguments, the Court will not examine these allegations.
80.
However, the Court reiterates that the vulnerability of a person who is detained is
exacerbated when the detention is illegal or arbitrary and the person is completely
defenseless, which creates an evident risk that other rights may be violated, such as the
right to physical integrity and to be treated with dignity.91 In this case, the Court observes
that the complaint filed by Rigoberto Barrios and the statement given by Jorge Antonio
Barrios before the Scientific Investigation Unit were consistent in maintaining that, on March
3, 2004, they were both taken, separately, by hooded police officers to a site near the
91
Cf. Case of the “Street Children” (Villagrán Morales et al.), supra note 43, para. 166, and Case of Baldeón
García v. Peru. Merits, reparations and costs. Judgment of April 6, 2006. Series C No. 147, para. 119.
31
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