8
C)
Considerations regarding the death of the beneficiaries of the provisional
measures and the acts of harassment and intimidation and other situations that
put at risk the life and personal integrity of the beneficiaries
17. This Tribunal finds that the deaths of Rigoberto Barrios, which took place on
January 19, 2005; Oscar Barrios, which took place on November 28, 2009; and the
recent death of Wilmer José Flores Barrios, which took place on September 1, 2010;
have caused the irreparable damage that the provisional measures sought to prevent, for
which reason they represent a grave failure on the part of the State to comply with the
provisions of Article 63(2) of the American Convention. That situation demonstrates the
ineffectiveness of the measures put in place by the State to eliminate the source of risk
and adequately protect the beneficiaries of these provisional measures.
18.
Additionally, according to information provided by the parties, the members of the
Barrios family continue to be subjected to harassment, intimidation, and other situations
that put their lives and personal integrity at risk. Consequently, this Court finds that a
situation of extreme gravity and urgency prevails that puts the lives and personal integrity
of the beneficiaries of these measures in grave risk.
19.
Given the gravity of the situation facing the members of the Barrios family, it is
necessary to reiterate the requirement that the State immediately and effectively take all
necessary and special measures to ensure the full exercise of the rights to life and
humane treatment of the beneficiaries of these measures, such that the measures be
effective at preventing the threats and harassment and causing them to cease, as well as
so the beneficiaries can live their lives in the way in which they are accustomed and
without fear.
20.
Considering the foregoing, the Court deems it crucial for the State and the
representatives to submit to the Tribunal, within the time period established in the
operative paragraphs of this order, specific and detailed information on the situation of
the beneficiaries of these provisional measures, to wit: Eloisa Barrios, Inés Barrios,
Beatriz Barrios, Orismar Carolina Alzul García, Pablo Solórzano, Caudy Barrios, Jorge
Barrios, Juan Barrios, 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,
Génesis Andreina Barrios, Víctor Tomas Barrios, Geilin Alexandra Barrios, Elvira Barrios,
Darelvis Barrios, Elvis Sarais Barrios, Cirilo Robert Barrios and Lorena Barrios. That
information shall contain an evaluation of the situations of risk. It also must define
specific, adequate and sufficient protective measures. Toward doing so, the beneficiaries
and their representatives shall offer their complete cooperation to the State and facilitate
the carrying out of the evaluation.
D)
Submission of information
21.
The Court notes that not only has the State not complied with the provisional
measures ordered by this Tribunal, but neither has it duly reported on their
implementation. In this regard, the State did not respond in a timely fashion to the
request for information indicated in operative paragraphs four, five, and six of the order
of the Court dated February 4, 2010, a request that was reiterated by this Tribunal on
June 28 and September 28, 2010, with regard to: a) the measures on guarding the
homes of Maritza Barrios, Juan Barrios, and Orismar Carolina Alzul García; b) the
conditions that would allow the family members who have been forced to move to other