211. On February 21, 2005, Eloisa Barrios asked the Twentieth Prosecutor to arrange a
reconstruction of the events related to the death of Narciso Barrios, so that probative
elements could be collected in order to clarify the incident. In addition, she reiterated her
request that certain investigation procedures be carried out, and expressed her
disagreement with the Prosecutor’s intention of presenting a conclusive decision without
having collected all the evidence that would allow both the perpetrator of the killing, and
also the accomplices to be charged.292 The case file also contains an undated brief of Eloisa
Barrios and her lawyer addressed to the Investigation Unit, with 14 photographs attached
(supra para. 204), two of which appear to correspond to the exterior of the place where
Narciso Barrios died and reveal bullet holes in the wall.
212. On March 6, 2005, the Public Prosecution Service presented a conclusive decision
charging three police agents with committing the crime of complicity to commit aggravated
homicide.293 On March 15, 2005, the Court of First Instance decided to set the preliminary
hearing for April 4, 2005, but this was postponed on several occasions.294 On May 25, 2005,
a preliminary hearing was held before the Review Court of First Instance, which admitted
the charges filed by the Fourteenth and Twentieth Prosecutors against the said three
individuals. On September 30, 2005, an attempt was made to establish a joint court with
lay people and judges, but this was unsuccessful. On June 8, 2006, a single-person court
was established, and it was agreed that the oral and public debate would begin on July 23,
2009.295 This hearing was postponed at least four times, and finally the trial was initiated in
February 2011; at least 11 hearings were held, and the next hearing was programmed for
August 10, 2011.296
4. Investigation of the detention of Rigoberto Barrios and Jorge Antonio
Barrios
213. On March 4, 2004, a complaint was filed before the Senior Prosecutor based on the
detention without a court order of the children Jorge Alberto Barrios Ortuño and Rigoberto
Barrios, who remained on police premises and denounced that they had suffered physical
and mental torture; that they were not allowed to contact their families, and that they had
not been fed. Their immediate release was requested, together with the opening of a
criminal inquiry against an inspector involved in the detention, forensic medical
examinations of the victims, and promptness with regard to the measure of protection
requested on March 1, 2003.297
292
Cf. Brief of Eloisa Barrios of February 21, 2005 (file of attachments to the answering brief, tome III,
attachment 17, folios 6097 and 6098). Also, on November 19, 2004, Eloisa Barrios informed the Twentieth
Prosecutor that she “consider[ed] his intention to present a conclusive decision without [having conducted the
necessary pending procedures] inappropriate,” Cf. brief of Eloisa Barrios of November 19, 2004 (file of attachments
to the answering brief, tome III, attachment 17, folios 6042 and 6043).
293
Cf. Brief with criminal charges of the Twentieth and Fourteenth Prosecutors of March 6, 2005 (file of
attachments to the answering brief, tome III, attachment 17, folios 5819 to 5851)
294
Cf. Notification 481 of the Court of First Instance of March 15, 2005, and notifications of summons to a
hearing of the Court of First Instance of April 4, 26 and 27, 2005 (file of attachments to the answering brief, tome
III, attachment 17, folios 6107, 6111, 6112 and 6116).
295
Cf. Note of the Second Trial Court of First Instance of the Criminal Judicial Circuit of Aragua state of June
8, 2011 (merits file, tome V, folios 2416 to 2418).
296
Cf. Aide-mémoire of the Twentieth Prosecutor of Aragua state of August 10, 2011 (merits file, tome V,
folios 2508 to 2510).
297
Cf. Communication of Luis Aguilera sent on March 4, 2004 (file of attachments to the Commission’s Report
No. 11/10, tome I, attachment 4, folios 3397 and 3398).
72
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