3
grave and urgent call for maintaining them. Any other matter may only be brought before
the Court through contentious cases.3
4.
Pursuant with the Orders of the Inter-American Court of November 23, 2004 and
June 29th and September 22, 2005 (supra Having Seen paragraph 1) the State shall, inter
alia, adopt the provisional measures with the object of: a) protecting the life and personal
integrity of the beneficiaries;4 b) offering the permanent protection measures necessary to
provide security to the homes of Maritza Barrios, Juan Barrios, and Orismar Carolina Alzul
García; c) guaranteeing and implementing in an effective manner the conditions necessary
so the members of the Barrios family, who have been forced to move to other regions of the
country, may return to their homes, and d) investigating the facts that motivated the
adoption and the maintenance of these provisional measures.
*
*
*
5.
Based on that stated in the Order of the President of December 18, 2009, and taking
into consideration the information presented by the parties at the public hearing held on
January 28, 2010, the Court will refer to the following aspects with regard to the
implementation of the provisional measures in the present matter.
A)
On the situation regarding the alleged “extrajudicial execution” of Oscar
Barrios and the diligences the State has carried out in this regard
6.
At the hearing, and through a brief presented on January 28, 2010, the
representatives of the beneficiaries stated that the Tribunal was “informed a few days after
his execution,” of the death of Oscar Barrios,5 but that despite reiterated requests for
information by the Court, the State had not presented observations in this regard. Likewise,
they indicated that up to this date Oscar Barrios’s next of kin were not aware of diligences
carried out by the State. They expressed their fear that this situation could result in the
disappearance of evidence, and they indicated that “in similar cases, including those of
other members of the Barrios family, it is precisely the lack of evidence and force of the
investigations that led at the end of the day to acquittals.”
3
Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the Court of August
20, 1998, Considering clause six; Matter of the Penitentiary Center of the Central Occidental Regional: Uribana
Prison. Provisional Measures regarding Venezuela. Order of the Court of November 24, 2009, Considering clause
five, and Matter of the Urso Branco Prison. Provisional Measures regarding Brazil. Order of the Court of November
25, 2009, Considering clause four.
4
Eloisa Barrios, Inés Barrios, Beatriz Barrios, Orismar Carolina Alzul García, Pablo Solórzano, Caudy
Barrios, Oscar Barrios, Jorge Barrios, Juan Barrios, and Maritza Barrios; Roni Barrios, Roniex Barrios, Luis Alberto
Barrios, Yelitza Lugo Pelaes, Arianna Nazaret Barrios, Oriana Zabaret Barrios, Víctor Cabrera Barrios, Beatriz
Cabrera Barrios, Luimari Guzmán Barrios, Luiseydi Guzmán Barrios, Wilmer José Barrios, Génesis Andreina Barrios,
Víctor Tomas Barrios, Geilin Alexandra Barrios, Elvira Barrios, Darelvis Barrios, Elvis Sarais Barrios, Cirilo Robert
Barrios, and Lorena Barrios.
5
Through the brief of December 2, 2009, the representatives informed the Court that “on November 28,
2009, the teen Oscar Barrios [of 22 years of age], beneficiary of the present provisional measures, was executed
by alleged officials of the Police of the State of Aragua.” Through the brief of December 4, 2009, the Commission
expressed “its deep concern for the murder of Oscar Barrios on […] November 28, 2009.” The State did not present
observations regarding the alleged extrajudicial execution of Oscar Barrios, despite the fact that the forwarding of
its observations were requested and reiterated by this Court on several occasions.