whether or not [any] police agent intervened.” The State also indicated that, in the case of
Juan José Barrios, “the investigation procedure concluded by determining the criminal
responsibility for the act of [two] individuals, [and one of the accused] has been captured.
These individuals have no connection whatsoever with police officials. The motive for the
murder was the failure of the deceased to pay for a cow.” Lastly, regarding the death of
Wilmer José Flores Barrios and the attempt on the life of Néstor Caudi Barrios, it indicated
that both cases are at the investigation stage.
ii. Facts
109. On November 29, 2003, in a bar where some members of the Barrios family worked,
an incident occurred between Narciso Barrios and a police agent that resulted in the
apparent theft of the officer’s service weapon.119 That same night, a team of police agents
searched the home of Luis Alberto Barrios and Orismar Carolina Alzul García.120
110. On June 1, 2004, the representative of the Barrios family filed a complaint before the
Fourteenth Prosecutor of the Public Prosecution Service (hereinafter “Fourteenth
Prosecutor”), reporting that, on May 26, 2004, a police officer from the Scientific
Investigation Unit, “in a menacing manner,” assured Néstor Caudi Barrios that he would
remain detained “owing to his participation in the theft at [a] farm.”121 In addition, on
December 7, 2004, a complaint was filed before the Senior Prosecutor of the Public
Prosecution Service (hereinafter “Senior Prosecutor”) that, on December 6, 2004, two
uniformed police officers approached Néstor Caudi Barrios, one of them, “with a razor in his
hand,” told him that “if he found him alone he would beat him, [and] assured him that
neither he nor Oscar [José] Barrios would eat hallacas at Christmas.” As a result of this
encounter, the lawyer asked the Public Prosecution Service for “the implementation of
measures of protection, 24 hours a day, for the Barrios family, especially for [Néstor Caudi
119
Cf. Note No. 035/07 of January 24, 2007, of the S.A.R.A. and Operations Division, with a copy of the
logbook of the San Francisco de Cara Police Station of November 29, 2003 (file of attachments to the answering
brief, tome II, attachment 10, folios 5193 and 5194); Record of interview with Freddy Gonzalez Oropeza by the
Forensic and Scientific Crime Investigation Unit of November 30, 2003 (file of attachments to the answering brief,
tome II, attachment 10, folios 5293 and 5294); Record of interview with Freddy Gonzalez Oropeza by the Public
Order and Security Unit of December 1, 2003 (file of attachments to the answering brief, tome II, attachment 10,
folios 5307 and 5308); Record of interview with Wilmer José Bravo Teran before the Office of the Prosecutor
General of the Republic on January 16, 2007 (file of attachments to the answering brief, tome II, attachment 10,
folios 5187 and 5188); Record of interview with Alfredo Enrique Palacio before the Office of the Prosecutor General
of the Republic on March 27, 2008 (file of attachments to the answering brief, tome II, attachment 10, folios 5223
and 5224); Police record of the Forensic and Scientific Crime Investigation Unit of November 30, 2003 (file of
attachments to the answering brief, tome II, folio 5306); Record of interview with Pablo Julian Solórzano Barrios by
the Public Order and Security Unit on December 1, 2003 (file of attachments to the answering brief, tome II,
attachment 10, folios 5309 and 5310); Record of interview with José Gregorio Clavo Peña by the Public Order and
Security Unit on December 1, 2003 (file of attachments to the answering brief, tome II, attachment 10, folios 5311
to 5313), and Record of interview with Brígida Oneyda Barrios by the Twentieth Prosecutor of the Public
Prosecution Service on October 3, 2006 (file of attachments to the answering brief, tome II, attachment 10, folios
5162 and 5163).
120
Cf. Complaint filed by Luis Alberto Barrios before the Fourteenth Prosecutor of the Public Prosecution
Service on December 4, 2003 (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 2,
folios 3222); Complaint filed by Orismar Carolina Alzul García before the Fourteenth Prosecutor of the Public
Prosecution Service on December 10, 2003 (file of attachments to the Commission’s Report No. 11/10, tome I,
attachment 2, folio 3224); Record of criminal investigation of the Forensic and Scientific Crime Investigation Unit of
February 21, 2005, interview with Orismar Carolina Alzul García (file of attachments to the answering brief, tome
II, attachment 10, folio 5114); Record of interview with Brígida Oneyda Barrios by the Forensic and Scientific Crime
Investigation Unit on February 28, 2005 (file of attachments to the answering brief, tome II, attachment 10, folio
5123), and Record of criminal investigation of February 21, 2005, supra note 119, folio 5120.
121
Cf. Complaint filed before the Fourteenth Prosecutor of the Public Prosecution Service on June 1, 2004 (file
of attachments to the Commission’s Report No. 11/10, tome I, attachment 5, folio 3414).
39
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