285. Consequently, the Inter-American Court concludes that the investigations into the
deaths of Benito Antonio Barrios and Narciso Barrios, and the searches of the homes of Luis
Alberto Barrios, Orismar Carolina Alzul García, Brígida Oneyda Barrios, Justina Barrios and
Elbira Barrios, and the arrests, threats and injuries to the detriment of Luisa del Carmen
Barrios, Gustavo Ravelo, Jesús Ravelo, Elbira Barrios, Oscar José Barrios and Jorge Antonio
Barrios Ortuño, exceeded a reasonable time. Therefore, the State violated the rights
established in Articles 8(1) and 25(1) of the American Convention, in relation to Article 1(1)
thereof, to the detriment of the individuals indicated in paragraphs 245, 249, 256 and 263
of this judgment.
G. Investigation of the deaths of Oscar José Barrios, Wilmer José Flores
Barrios and Juan José Barrios, and the attempt on the life of Néstor Caudi
Barrios
1. Arguments of the parties
286. Regarding the investigation into the death of Oscar José Barrios, the Commission
indicated that it “is in its preliminary stages” and that the Commission “does not have
sufficient probative elements to rule on the investigations that have been carried out in
relation to this incident.” The Commission did not submit any specific arguments about the
investigation into the deaths of Wilmer José Flores Barrios and Juan José Barrios, or about
the attempt on the life of Néstor Caudi Barrios.
287. The representatives argued that certain procedures had not been carried out, such as
the reconstruction of the facts, the ballistic trajectory or the on-site inspection, and nor had
procedures which would allow the responsibility of any police officials to be rejected. Thus,
investigations had not been conducted that took into account the elements of the existing
context or the circumstances that forced Oscar José Barrios to flee from Guanayén owing to
police harassment. They added that the case file only includes some procedures such as the
police technical inspection of the site, the autopsy report and some interviews. Regarding
the investigation of the death of Wilmer José Flores Barrios, they indicated that it is in the
preparatory phase and that neither the next of kin nor the witnesses have been summoned
to testify. Lastly, regarding the death of Juan José Barrios, they indicated that the State had
indicated that the investigation of the facts determined the criminal responsibility of two
individuals; however, they indicated that “those responsible have not received a final
judgment convicting them and all the lines of investigation had not yet been exhausted.”
288. The State argued that the Prosecutor had opened the criminal investigation into the
death of Oscar José Barrios upon being informed by the officials attached to the
Investigation Unit of a confrontation. At that time, he ordered that certain procedures be
carried out in order to clarify the facts and attribute responsibilities; these included taking
the deceased’s fingerprints, the technical inspection of the bullets collected, and the
summoning of witnesses and next of kin. The State indicated that the investigation was at
the preparatory stage. In addition, it indicated that, since the “case is at the investigative
stage, [it was] unable to say whether or not [any] police official was involved.” Regarding
the death of Wilmer José Flores Barrios, “the Fourteenth Prosecutor [had] ordered the
opening of the investigation.” Regarding the death of Juan José Barrios, the State advised
that one of the two accused had been arrested. Lastly, regarding the attempt on the life of
Néstor Caudi Barrios, it indicated that, on January 14, 2011, the Twentieth Prosecutor had
opened the investigation and, currently, the necessary measures were being taken to
determine what had happened and the corresponding responsibilities.
2. Considerations of the Court
91
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