regard to the provisional measures ordered by the Inter-American Court, which had been duly reported to the Commission.33 39. Regarding the facts surrounding the death of Benito Barrios, the State argued that according to the police record written by the officers involved, the case was opened on August 28, 1998, at about 3:00 a.m. when the CSOP of Precinct No. 31 in Barbacoa, Aragua State, received a telephone call from an anonymous individual who said that several people were firing shots in the Las Casitas sector of San Francisco de Cara parish, so a detail composed of four officers34 was dispatched to the scene to verify the complaint.35 40. The State indicated that once the policemen were on the scene, they saw two individuals with two shotguns that presumably started the exchange of shots that left one of the individuals wounded, and the other fled. The State argued that the wounded person, identified as Benito Barrios, was taken to the nearest hospital. It alleged that Mr. Barrios had no vital signs upon his arrival there.36 41. According to the State, police at the scene recovered two shotguns, both with spent cartridges in their chamber, one of which, apparently the one used by Benito Barrios, had been “requested.” 42. The State indicated that months after the facts occurred Victor, Elvira, and Jorge Barrios (10) told authorities that the latter had been arrested and beaten by police officers and then was found dead.37 43. It alleged that in the light of this situation the appropriate investigation was begun, in the course of which there were various inquiries to clarify the facts and determine the truth of the police officer’s statements. It indicated that on August 28, 1998 there was a search of the site of the facts, in which several shotgun cartridges and a knife were found.38 In addition, it reported that there was an external examination of the corpse and a legal autopsy. It detailed that both examinations showed two bullet wounds without powder burns, and the cause of death was acute anemia due to perforations of the lung and liver by a projectile from a firearm. It added that other tests were performed.39 44. The State indicated that several people who could shed light on the investigation were interviewed. In this connection, it alleged that several people in the area reported hearing shots on the date of the facts and that other people said they were victims of criminal acts by Benito Barrios, who days before his death had robbed them at the point of a shotgun.40 33 The State cites: “Article 39. Presumption. The facts alleged in the petition, the pertinent parts of which have been transmitted to the State in question, shall be presumed to be true if the State has not provided responsive information during the maximum period set by the Commission on the provisions of Article 38 of these Rules of Procedure, as long as other evidence does not lead to a different conclusion.” Underlining by the State. Note IAGEV/000763 of the Ministry of Foreign Affairs of the Bolivarian Republic of Venezuela, received on June 20, 2006 p. 18. 34 Sub-Inspector Alexis Amados, Sub-Official Carlos Sandoval, Sergeant Amilcar Cedeño, and Agent Rizzon Supelano Rojas. Note IAGEV/000763 of the Ministry of Foreign Affairs of the Bolivarian Republic of Venezuela, received on June 20, 2006 pp. 8 and 9. 35 Note IAGEV/000763 of the Ministry of Foreign Affairs of the Bolivarian Republic of Venezuela, received on June 20, 2006 pp. 8 and 9. 36 Note IAGEV/000999 of the Ministry of Popular Power for Foreign Affairs of the Bolivarian Government of Venezuela, received on September 5, 2007, p. 7. 37 Note IAGEV/000763 of the Ministry of Foreign Affairs of the Bolivarian Republic of Venezuela, received on June 20, 2006 p. 9. 38 Note IAGEV/000763 of the Ministry of Foreign Affairs of the Bolivarian Republic of Venezuela, received on June 20, 2006 p. 9. 39 The forensic reports on mechanism and design, legal registration, ballistic comparison of all firearms involved, and a partially deformed piece of lead. Note IAGEV/000763 of the Ministry of Foreign Affairs of the Bolivarian Republic of Venezuela, received on June 20, 2006 p. 10. 40 Note IAGEV/000763 of the Ministry of Foreign Affairs of the Bolivarian Republic of Venezuela, received on June 20, 2006 p. 10. 8