Francisco de Cara Police Station; nevertheless, the file shows that he had received this
information on January 29, 2007.
249. Consequently, the Inter-American Court concludes that the authorities did not act
with due diligence in investigating the searches, destruction of property, and setting fire of
the homes of Luis Alberto Barrios, Orismar Carolina Alzul García, Brígida Oneyda Barrios,
Justina Barrios and Elbira Barrios. Therefore, the State violated the right to judicial
guarantees and to judicial protection established in Articles 8(1) and 25(1) of the American
Convention, in relation to Article 1(1) thereof, to the detriment of Luis Alberto Barrios,
Orismar Carolina Alzul García, Brígida Oneyda Barrios, Justina Barrios and Elbira Barrios.364
3. Investigation of the death of Narciso Barrios and the threats against
Néstor Caudi Barrios
250. Following these incidents, the authorities in charge of the investigations have
proceeded to order and carry out various procedures to determine the facts. Despite this,
the Court notes that there were some shortcomings and omissions (supra paras. 234, 236
and 237). When removing the body and collecting the corresponding evidence, the weapons
of the police involved were not confiscated; merely the weapon supposedly carried by the
victim. It also clear that the body of the victim was not taken into safekeeping promptly,
because the police abandoned the scene upon seeing a group of people approaching and
admonishing them; also there is no record that the authorities in charge took statements
from them all as witnesses. Moreover, the police stated that they did not verify the
condition of the victim before leaving the scene.365
251.
In addition, Eloisa Barrios was the one who gave the investigation team photographs
of the exterior of the building where Narciso Barrios died, which show bullet holes in the
external walls; she also asked repeatedly that certain probative measures be implemented
promptly (supra paras. 206 and 211). In this regard, there is no record whether the
authorities made the corresponding forensic appraisals of these photographs.
252. Furthermore, there is no record that an official reconstruction of the event was
carried out, or a ballistic trajectory appraisal, or that those involved were located, among
other omissions; particularly taking into consideration the different versions of what
happened that are revealed by the statements of eyewitnesses and the police involved. In
addition, no steps were taken to verify why a multiple armed response by the police was
required, because the latter indicated that they each fired at least three shots, and that the
victim fired “two or three” shots.366 Moreover, the ballistic comparison appraisal concluded
that five cartridge shells retrieved from the scene were shot by one of the rifles assigned to
the Barbacoas Police Station.367
253. Lastly, the Court emphasizes that, despite the different statements and evidence
that links these facts to the threats against Nestor Caudi Barrios and the searches and
destruction of the homes of some members of the family, the authorities did not investigate
364
Cf. Complaint filed before the Senior Prosecutor of the Public Prosecution Service on March 1, 2004, supra
note 139, folios 3210 to 3216.
365
Cf. Records of interviews with Jose Luis Riasco Leon and Marcos Antonio Moreno Dorta on June 24 and 29,
2004, supra note 283, folios 6020, 6022 and 6029.
366
Cf. Testimony of Marcos Antonio Moreno Dota, Leomar Jose Rovira Mendez and Jose Luis Riascos on
November 26, 2004, supra note 74, folios 6054, 6058 and 6061.
367
Cf. Note No. 9700-064-DC-5658.2004 of the Investigation Unit, supra note 289, folio 6103.
84
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents