ballistic trajectory expansion was carried out.333 That day, the Prosecutor ordered that the
proceedings be archived because: (a) it was uncertain and could not be proved that police
agents on active duty had killed Luis Alberto Barrios, and (b) it was uncertain that this
incident could be described as police harassment with intent to continue threatening the
lives of members of the Barrios family, because the expert ballistic appraisal ordered could
not be performed with any of the weapons, owing to the lack of evidence with the physical
characteristics required for identification, and also there were no eyewitnesses to the
incident. He also indicated that, although the companion of the deceased mentioned prior
intimidating acts by to police, this would be an indictable offense only at the request of the
party.334
7. Investigation of the attempt on the life of Rigoberto Barrios and his
subsequent death
224. On January 13, 2005, the family's lawyer filed a complaint before the Senior
Prosecutor and the Twentieth Prosecutor based on the events that took place on January 9
that year, indicating that the victim was in critical condition in the hospital with eight bullet
wounds from shots fired by police officials.335 That same day, the Twentieth Prosecutor
opened the investigation and requested that certain procedures be carried out;336 they
included an interview with the victim with the authorization of his neurosurgeon who
indicated that the patient “was overall in good medical condition [with a] high probability of
a satisfactory evolution”; while the victim indicated that one of the authors was a police
official he knew, and that he could recognize the other one, and connected what had
happened to the complaint filed by Eloisa Barrios concerning the detention of Rigoberto
Barrios the previous year.337
225. On January 17, 2005, the family’s lawyer advised the Prosecutor that, during
surgery, three bullets had been removed from the victim that were lodged in his neck, and
therefore asked for a ballistic comparison to be made.338 On January 19, 2005, the Hospital
requested that an autopsy be performed on Rigoberto Barrios.339 The following day, the
333
Cf. Reports No. 9700-064-DC-2348.06 and No. 9700-064-DC-2524.06 of the Investigation Unit of May 18
and 25, 2006 (file of attachments to the answering brief, tome I, attachment 6, folios 4917 to 4918 and 4921 to
4925).
334
Cf. Conclusive decision of the Twentieth Prosecutor, supra note 321, folios 4946 to 4960.
335
Cf. Complaint filed by Luis Aguilera on January 13, 2005 (file of attachments to the Commission’s Report
No. 11/10, attachments 1 to 5, tome II, folios 3536 and 3537).
336
Cf. Note No. 05-F20-0073-05 of the Twentieth Prosecutor of January 13, 2005 (file of attachments to the
answer to the application, tome I, attachment 3, folio 4569), and Order to open an investigation of the Twentieth
Prosecutor of January 13, 2005 (file of attachments to the answer to the application, tome I, attachment 3, folio
4570). The procedures indicated included: medical examination of the victim, also requiring that “the reports that
are prepared in this regard include the exact details and characteristics of any injuries found,” cf. Note No. 05-F200072-04 of the Twentieth Prosecutor of January 13, 2005 (file of attachments to the answer to the application,
tome I, attachment 3, folio 4573); the transmittal of the victim’s medical records and the bullets extracted from
the victim, cf. Note No. 05-F20-0074-05 of the Twentieth Prosecutor of January 13, 2005 (file of attachments to
the answer to the application, tome I, attachment 3, folios 4576 to 4613). In response to the order of the
Prosecutor, the Investigation Unit opened the inquiry that same day, cf. record of proceedings of the Investigation
Unit of January 13, 2005 (file of attachments to the answer to the application, tome I, attachment 3, folio 4612).
337
Cf. Record of interview with Rigoberto Barrios by the Twentieth Prosecutor on January 13, 2005 (file of
attachments to the answering brief, tome I, attachment 3, folios 4574 and 4575). In addition, a medical report of
the victim was forwarded to the Prosecutor, cf. Evolution report issued by the Maracay Central Hospital on January
13, 2005 (file of attachments to the answering brief, tome I, attachment 3, folio 4578).
338
Cf. Note No. CJP-005-05 of Luis Aguilera of January 17, 2005 (file of attachments to the answering brief,
tome I, attachment 3, folio 4579).
339
Cf. Report of the Maracay Central Hospital of January 19, 2005 (file of attachments to the answering brief,
tome I, attachment 6, folio 4611).
77
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