had not followed logical lines of investigation that would have permitted corroborating the
participation of police officials.
183. Furthermore, regarding the threats suffered by Néstor Caudi Barrios, who witnessed
the death of Narciso Barrios, the Commission indicated that, even though this had been
reported to the Prosecutor, no inquiries were made in this regard. In the case of the illegal
detention of Rigoberto and Jorge Antonio Barrios Ortuño, it indicated that there were certain
omissions and irregularities in the investigation procedures; the case was frozen for one
year, no measures were taken for another year, and the case was dismissed owing to the
prescription of one of the crimes committed against them, without considering other
offenses such as the deprivation of liberty of the victims. Also, regarding the investigation of
the deprivation of liberty, the threats and the injuries caused to Luisa del Carmen Barrios,
Gustavo, Ravelo, Jesús Ravelo, Elbira Barrios, Oscar José Barrios and Jorge Antonio Barrios
Ortuño, it referred, among other irregularities, to the absence of procedures to identify the
perpetrators, the failure of the authorities to forward information, and the absence of
administrative proceedings with regard to the facts. Lastly, it stated that, with regard to the
alleged searches, destruction and theft in the homes of Justina Barrios, Elbira Barrios,
Orismar Carolina Alzul García, Brígida Oneyda Barrios and Luis Alberto Barrios, inter alia,
essential steps were not taken at the onset of the investigation, there was no investigative
activity between December 2003 and February 2005, and the case was closed without
obtaining the required probative elements. It also indicated that the facts did not have the
special complexity that could justify the time the investigation took.
184. For these reasons, the Commission concluded that the State had violated the rights
to judicial guarantees and judicial protection contained in the Articles 8(1) and 25(1) of the
Convention, in relation to Article 1(1) of this instrument, “to the detriment of the immediate
family (parents, siblings, children and life companions)” of Benito Antonio, Narciso, Luis
Alberto, Rigoberto and Oscar José, all with the surname Barrios, by failing to investigate the
facts surrounding their death; and to the detriment of Justina Barrios, Brígida Oneyda
Barrios, Elbira Barrios, Luis Alberto Barrios, Orismar Carolina Alzul García, Jorge Antonio
Barrios Ortuño, Rigoberto Barrios, Oscar José Barrios, Néstor Caudi Barrios, Luisa del
Carmen Barrios, Gustavo Ravelo and Jesús Ravelo, for the failure to investigate the other
violations. Regarding those who died, the Commission understands that they were victims
of the denial of justice up until their death.
185. The representatives indicated that there had been “insufficient advantage had been
taken of information on the activities of the Aragua and Guanayén police forces; even
though the members of the Barrios family denounced the participation of police agents
continuously and, in some cases, even identified them.” They indicated that “there was a
bias against conducting investigations in cases of extrajudicial executions” and that, despite
the existence of a common pattern of threats, and that the crimes were interconnected,
none of this was taken into account when pursuing lines of investigation, especially in the
prosecution’s files of the cases concerning Luis Alberto and Rigoberto Barrios. In addition,
“the purpose of the conduct of the members of the police […] was evidently to ensure the
impunity of the crimes they had committed.”
186. Regarding the investigations of the deaths of Benito Antonio Barrios, Narciso Barrios,
Luis Alberto Barrios and Rigoberto Barrios, they indicated several irregularities in the
practice of certain procedures, including: (a) the forwarding of the case file of Benito
Antonio Barrios to different judicial authorities on seven occasions, which prevented a
diligent investigation and, also, for five years there was no activity; (b) regarding the death
of Narciso Barrios, a causal relationship existed between this and some of the incidents that
were taking place with regard to this family group, despite which the authorities have not
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