Barrios Alzul, Luis Alberto Alzul, Annarys Alexandra Barrios Rangel, Benito Antonio Barrios
Rangel, Orianny Nazareth Pelae, Oriana Nazareth Pelae, Michael José Barrios Espinosa,
Dinosca Alexandra Barrios Espinosa, Marcos Antonio Diaz Barrios, Sandra Marivi Betancourt
Barrios, Junior José Betancourt Barrios, Wilneidys Betania Pimentel Barrios, Beatriz Adriana
Cabrera Barrios, Victor Daniel Cabrera Barrios, Luilmari Carolina Guzmán Barrios and
Luiseidys Yulianny Guzmán Barrios.
Final considerations on the facts previously analyzed
313. Having analyzed the facts of this case, the Court concludes that Venezuela: (a) is
responsible for the violations committed by police agents of Aragua state in relation to the
rights to life, to personal integrity and liberty, to privacy, to property, and to movement and
residence of different members of the Barrios family; (b) failed to comply with the obligation
of protection and prevention with regard to five beneficiaries of measures of protection
ordered by the organs of the inter-American system, and (c) failed to conduct a serious and
diligent investigation of the facts of the case.
314. The Court considers that the events that occurred to the detriment of numerous
members of the Barrios family cannot be analyzed in isolation, because there are
connections between several of them, as indicated in this judgment. Indeed, the attempts
against the life of their members, especially starting in 2004, had common characteristics:
the deaths were the result of several shots from a firearm in places near their homes in the
village of Guanayén. In all these cases, the State was aware of the situation of risk of the
different members of the family who were beneficiaries of precautionary or provisional
measures and who also denounced the threats and other facts at the domestic level. Their
denunciations attributed responsibility to police officials of Aragua state. To date, none of
the investigations opened into the facts of the instant case have concluded with the
clarification of the facts and the punishment of those responsible. To the contrary, several of
these proceedings have been archived or are still at the preliminary stages of the
investigation.
XII
REPARATIONS
(Application of Article 63(1) of the American Convention)
315. Based on the provisions of Article 63(1) of the American Convention,400 the Court has
indicated that any violation of an international obligation that has produced harm gives rises
to the obligation to repair it adequately,401 and that this provision “reflects a provision of
customary law that constitutes one of the fundamental principles of contemporary
international law on State responsibility.”402
400
Article 63(1) of the American Convention stipulates:
If the Court finds that there has been a violation of a right or freedom protected by th[e]
Convention, the Court shall rule that the injured party be ensured the enjoyment of his right or
freedom that was violated. It shall also rule, if appropriate, that the consequences of the measure
or situation that constituted the breach of such right or freedom be remedied and that fair
compensation be paid to the injured party.
401
Cf. Case of Velásquez Rodríguez, supra note 15, para. 25, and Case of Barbani Duarte et al., supra note
12, para. 239.
402
Cf. Case of the “Street Children” (Villagrán Morales), supra note 43, para. 62, and Case of Barbani Duarte
et al., supra note 12, para. 239.
98
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