Prosecutor asked the Guayanén Police Station to advise whether rifles formed part of their
armory and to whom they were assigned348 and, on May 17 and 19, 2006, he requested
that specific firearms be forwarded in order to carry out the pertinent examinations, and
also the results of appraisals of the remains of the bullets removed from the victim’s body,
that had been requested in February 2005.349
228. On May 25, 2006, the Investigation Unit forwarded the Twentieth Prosecutor the
report on the ballistic trajectory expansion, requested the preceding day.350 The same day,
the Twentieth Prosecutor ordered the archiving of the proceedings, determining that: (a)
the testimony of the witnesses did not provide accurate probative elements to conclude that
the assailants were police officials; (b) “the only element that fuels the thesis of possible
police excesses” is the statement by the deceased, indicated by his mother; however, that
version could not be corroborated with the statements of the witnesses; (c) it was
determined that the injuries were caused by two types of weapons; however, one of the
ballistic comparison appraisals concluded that the samples lacked the physical
characteristics that would allow their respective identification in relation to the firearms that
fired them, and another gave a negative result; (d) the threats indicated by the deceased's
mother refer to an offense that can only be investigated at the request of the party
concerned. He concluded that it was uncertain and unclear that police agents had been
responsible for the facts, and it was uncertain that these facts could be described as police
harassment with intent to continue perpetrating attempts against the lives of the members
of the Barrios family.351
229. Regarding the investigation of alleged medical malpractice, on January 21, 2005, the
family's lawyer sent to note to the Twentieth Prosecutor reporting the death resulting from
an alleged act of medical negligence and the Prosecutor ordered the opening of an
investigation.352 On January 25, 2005, the lawyer asked the Twentieth Prosecutor to require
specific information from the hospital, which was forwarded on January 28, 2005.353
September 5, 2005, and Note No. 0330 of the Public Order and Security Unit of April 20, 2005 (file of attachments
to the answering brief, tome I, attachment 3, folios 4668, 4685 to 6487, and 4693 to 4698).
348
Cf. Note No. 05-F20-1643-05 of the Twentieth Prosecutor of October 4, 2005 (file of attachments to the
answering brief, tome I, attachment 3, folio 4696).
349
Cf. Notes No. 05-F20-943-06, No. 05-F20-944-06, No. 05-F20-955-06, No. 05-F20-956-06 of the
Twentieth Prosecutor of May 17 and 19, 2006 (file of attachments to the answer to the application, tome I,
attachment 3, folios 4699, 4700, 4702). The results of the appraisal of the fragments of bullet extracted from the
corpse were forwarded to the Twentieth Prosecutor on May 22, 2006, cf. Note No. 9700-064-DC-257.06 of the
Investigation Unit of May 22, 2006 and Report No. 9700-064-DC-623.05 of the Investigation Unit of March 4, 2005
(file of attachments to the answer to the application, tome I, attachment 3, folios 4709 to 4711).
350
Cf. Report 9700-064-DC-2523.06 of the Investigation Unit of May 25, 2006 (file of attachments to the
answering brief, tome I, attachment 3, folios 4724 to 4726).
351
Cf. Conclusive decision of the Twentieth Prosecutor of May 25, 2006 (file of attachments to the answering
brief, tome I, attachment 3, folios 4732 to 4767)
352
Cf. Note No. CJP-011-5 of Luis Aguilera of January 21, 2005 (file of attachments to the Commission’s
Report No. 11/10, attachments 1 to 5, tome II, folio 3597) and Order to open an investigation issued by the
Twentieth Prosecutor (file of attachments to the Commission’s Report No. 11/10, attachments 1 to 5, tome II,
folios 3595 and 3596).
353
Cf. Note No. CJP-016-5 of Luis Aguilera of January 25, 2005 (file of attachments to the Commission’s
Report No. 11/10, tome II, attachment 8, folios 3598 to 3600); Note No. 05-F20-0137-05 of the Twentieth
Prosecutor of January 25, 2005 file of attachments to the Commission’s Report No. 11/10, tome II, attachment 8,
folio 3601), and Communication of the Maracay Central Hospital of January 28, 2005 (file of attachments to the
Commission’s Report No. 11/10, tome II, attachment 8, folios 3603 to 3687).
79
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