263. Consequently, the Inter-American Court concludes that the authorities did not act
with due diligence in investigating the deprivation of liberty, violence and threats referred
to in this section. 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 Luisa del Carmen Barrios, Gustavo
Ravelo, Jesús Ravelo, Elbira Barrios, Oscar José Barrios and Jorge Antonio Barrios Ortuño.
6. Investigation of the death of Luis Alberto Barrios
264. In addition to the irregularities in this investigation mentioned above (supra paras.
234 and 237), no statement was taken from Jorge Antonio Barrios Ortuño, even though the
previous day he had witnessed how an identified police agent had threatened the deceased,
or from any police officials. Also, the Court underlines the lack of collaboration between the
authorities and the absence of coordination in obtaining and providing evidence. Thus, the
conclusive decision of the Twentieth Prosecutor indicates that the designated Investigation
Unit was the Maracay Police Station. However, the case file contains several measures taken
by the Villa de Cura Police Station, and the Maracay Police Station’s request to the latter,
almost a year after the investigation of the case had been opened, to forward any
proceedings and evidence it had (supra para. 221). Furthermore, almost a year after the
death, the Prosecutor continued to ask the Investigation Unit to carry out various
procedures (supra paras. 222 and 223).
265. In addition, there is no record that evidence that had been obtained previously, such
as the autopsy, was delivered to the authority in charge of the investigation. Hence, in
September 2005, the Prosecutor was still requesting this evidence, which has been obtained
in October 2004. The same occurred with the forwarding of the weapons requested.
Furthermore, the latter were not examined until May 2006, the month in which the
Prosecutor requested that the case file be archived (supra paras. 222 and 223).
266. Based on the above, the Inter-American Court concludes that the authorities did not
act with due diligence in investigating the death of Luis Alberto 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 Justina Barrios, Orismar Carolina Alzul García, Ronis David Barrios Alzul,
Roniel Alberto Barrios Alzul, and Luis Alberto Alzul and Eloisa Barrios.370
7. Investigation of the attempt on the life of Rigoberto Barrios and his
subsequent death
Investigation of the attempt on his life
267. The investigation of the attempt on his life, which the Prosecutor qualified as “a
punishable act that can be prosecuted ex officio,” was opened four days after it occurred
following the complaint filed by the family’s lawyer, with no record that the local police or
the hospital officials had reported it to the corresponding authorities.
268. It was only when the victim had died that the authorities requested the logbook and
the information on the personnel on duty at the Barbacoas Police Station on the day of the
attempt, even though there were indications of police involvement at the time of the initial
complaint. Furthermore, it was not until January 25, 2005, that the police made a technical
370
Cf. Note No. CJP-083-04 of Luis Aguilera of September 26, 2004, supra note 319, folios 4835 and 4836.
87
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