2005, from May to August of 2007, and from March to August of 2008.157 The case file
contains no evidence of protection visits carried out after August 2008. Lastly, under the
provisional measures procedure, the State reported that two meetings had been held with
some beneficiaries of the measures on January 12158 and October 4, 2010.159
127. In this regard, from the evidence provided by the State, the Court observes the
signature of Néstor Caudi Barrios, Oscar José Barrios and Juan José Barrios on some of the
records of the patrols carried out during certain periods of 2004, 2005, 2006 and 2007.160
Moreover, during the special hearing on February 8, 2011, the State confirmed the address
of Juan José Barrios, but did not include him among the persons to be protected by National
Guard patrols.161 Furthermore, the Court notes that there is no evidence in the file regarding
any measure taken by the State to protect Luis Alberto Barrios and Wilmer José Barrios
128. Several members of the Barrios family provided statements reporting that the patrols
were either ineffective or intermittent.162 There is no evidence in the case file that, prior to
February 2011,163 the State had made any attempt to coordinate directly with the
beneficiaries or with the Public Prosecution Service in relation to the type of measures of
protection required by the beneficiaries in order to reduce the risks they faced, the way to
implement them, and the type of collaboration possibly required from the beneficiaries. In
addition, the argument that the beneficiaries had refused protection by police agents from
specific police stations or that they lived in two states, Miranda and Aragua, cannot justify
the failure to adopt specific measures of protection to counter the risks they faced. Indeed,
several members of the Barrios family relocated as a result of the danger they felt and the
threats received in Guanayén (infra paras. 156 to 161). Furthermore, in its order for
provisional measures of November 23, 2004, the Court required that “the measures of
protection should not be provided by police forces that, according to the beneficiaries, were
involved in the events denounced.”164 This, in no way relieves the State of its strict
obligation to adopt the necessary positive measures to prevent or avoid the danger and to
determine those responsible.
157
Cf. For example, records of protection measure visits (file of attachments to the answering brief, folios
6139, 6213, 6190, 6193, 6196, 6199, 6202, 6235, 6244, 6247, 6250, 6260, 6263, 6277, 6280, 5617, 5616, 5603,
5602, 5590, 5585, 5626, 5624, 5630, 5646, 6961, 6963, 6967, 6969, 6973, 6975, 7001, 7002, 7009 and 7010).
158
Cf. Case of Eloisa Barrios et al. Provisional measures with regard to Venezuela. Order of the InterAmerican Court of Human Rights of November 25, 2010, considering paragraph 12.
159
Cf. Case of Eloisa Barrios et al. Provisional measures with regard to Venezuela. Order of the InterAmerican Court of Human Rights of February 21, 2011, considering paragraphs 15, 16 and 19.
160
Cf. for example, records of protection measures visits (file of attachments to the answering brief, tomes
III, IV and VI, folios 6257, 6263, 6286, 6247, 6260, 6283, 6291, 7216, 7219, 7445, 7187 and 7175).
161
Cf. Record of the special hearing of February 8, 2011, supra note 156, folios 7469 to 7475.
162
Cf. Brief of Eloisa Barrios, Beatriz Barrios, Jorge Barrios and Rigoberto Barrios to the Ninth Review Court,
supra note 147, folio 7119; Brief of Luis Aguilera addressed to the Ninth Review Court of the Criminal Judicial
Circuit of Aragua state on January 18, 2005 (file of attachments to the answering brief, tome VI, attachment 27,
folios 7131 to 7133); Record of interview with Elbira Barrios before the Forensic and Scientific Crime Investigation
Unit on February 12, 2005 (file of attachments to the answering brief, tome IV, attachment 18, folio 6165); Record
of interview with Pablo Julian Solórzano Barrios before the Forensic and Criminal Scientific Investigation Unit on
February 23, 2005 (file of attachments to the answering brief, tome IV, attachment 18, folio 6174); Record of
interview with Juan José Barrios on August 2, 2005, supra note 148, folio 5011; Affidavit made by Víctor Daniel
Cabrera Barrios on June 23, 2011 (merits file, tome III, folio 926) and Testimony of Eloisa Barrios during the public
hearing on June 29, 2011.
163
Cf. Record of the special hearing of February 8, 2011, supra note 156, folio 7472.
164
Case of Eloisa Barrios et al. Provisional measures. Order of November 23, 2004, supra note 10, third
operative paragraph.
45
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