13, 2008, the Twentieth Prosecutor ordered that the proceedings be archived, indicating
that “the results of the investigation were insufficient to file charges.”272
3. Investigation of the death of Narciso Barrios and the threats against Néstor
Caudi Barrios
205. On December 12, 2003, an investigation was opened into the death of Narciso
Barrios.273 Evidence was collected during the site inspection, including a rifle and a 16caliber cartridge, which were sent to the forensic laboratory for expert appraisal the same
day.274 That month, other investigation procedures were ordered and implemented.275 In
addition, on January 18 and March 1, 2004, testimony was taken from a police official
presumably involved in the facts.276 On February 2, 2004, the bullets recovered from the
autopsy performed on the corpse were forwarded to the forensic laboratory for
hematological tests and forensic inspection, which were presented on February 19, 2004.277
206. On March 1, 2004, the lawyer for Eloisa Barrios filed a complaint before the
Prosecutor for “the execution [of] Narciso Barrios […] committed by police officers,” in which
he identified the alleged authors and requested certain procedures, and also that protection
measures be granted to Juan José Barrios, Oscar José Barrios, Jorge Antonio Barrios and
272
Cf. Brief from the prosecution file of the Twentieth Prosecutor of November 13, 2008, supra note 267,
folios 5363 to 5381.
273
Cf. Record of criminal investigation of the Investigation Unit of December 12, 2003 (file of attachments to
the answering brief, tome III, attachment 17, folio 5930).
274
The evidence collected on that day consisted of: two unused 16-caliber cartridges, one 16-caliber rifle, and
six cartridge shells, one 15-caliber and five 12-caliber, cf. police technical inspection No. 1781 and Memorandum
No. 9700-081-SDVD-7740 of the Investigation Unit of December 12, 2003 (file of attachments to the answering
brief, tome III, attachment 17, folios 5934 and 5942). On December 17, 2003, two 16-caliber cartridges and five
16-caliber rifle cartridge shells were sent to the crime laboratory for the relevant appraisals, cf. Memorandum No.
9700-081-SDVD-7836 of the Investigation Unit of December 17, 2003 (file of attachments to the answering brief,
tome III, attachment 17, folio 5963).
275
Including: (a) a technical police inspection of the victim’s body; (b) fingerprints were taken from the body
for identification purpose; (c) Elbira Barrios was summoned; (d) the opening of the criminal inquiry was ordered;
(e) the facts were notified to different authorities, informing them of what the agents implicated had done, and
witnesses were interviewed; (f) a planimetric survey of the scene of the crime was requested, and the request was
repeated on March 5, 2005, and (g) the results of the autopsy concluded death by acute hemorrhagic shock owing
to injury by firearm. Cf. Police technical inspection No. 1782 of the Investigation Unit of December 12, 2003;
Memorandum No. 9700-081-SDVC-7743 of December 12, 2003; Testimony of Eloisa Barrios before the
Investigation Unit of December 12, 2003; Order to open the investigation issued by the Fourteenth Prosecutor on
December 12, 2003; Notifications of the Barbacoas Police Station of December 13, 2003, addressed to the
Investigation Unit and to the Fourteenth Prosecutor; Record of criminal investigation of December 12, 2003;
Records of interviews with Walter Rafael Pacheco Urrutia, Antonio María Macayo Martínez and Yonis Mauricio Villega
Aparicio of December 12, 2003; Memorandum No. 9700-081-SDVD-7837 of December 17, 2003, and
Memorandum No. 9700-081-1394 of March 5, 2004, of the Investigation Unit, and Note No. 9700-142-8514 with
the result of the autopsy performed on December 13, 2003, of the Investigation Unit of December 22, 2003 (file of
attachments to the answering brief, tome III, attachment 17, folios 5936, 5938 to 5940, 5943, 5945 to 5962,
5971, 5966 and 5978). In the order to open the criminal investigation, the following procedures were required: (a)
full identification of the officials concerned in the confrontation; (b) collection of evidence of forensic interest; (c)
collection of firearms used by the police officials and the deceased; (d) expert appraisal of the firearms; (e) ballistic
trajectory comparison; (f) planimetric survey of the scene of the crime; (g) autopsy report; (h) death certificate
and burial record; (i) full identification of the deceased; (j) interview with possible witnesses; (k) police technical
inspection of the site, and (l) interview with the officials concerned.
276
Cf. Testimony given by Leomar Jose Rovira Mendoza before the Investigation Unit on January 18, 2004
and Record of criminal investigation of the Investigation Unit of March 1, 2004 (file of attachments to the
answering brief, tome III, attachment 17, folios 5969, 5970 and 5977).
277
Cf. Memorandum No. 9700-081-SDVD-0697 of the Investigation Unit of February 2, 2004, and Expertise
Report of the Investigation Unit of February 19, 2004 (file of attachments to the answering brief, tome III,
attachment 17, folios 5973 and 5983).
69
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