farm in the La Oficina sector, bordering the Las Casitas sector, [and b]efore he reached his
destination, he found the lifeless body of his brother, Roni, on the ground, with at least four
wounds to his head produced by a sharp instrument.” According to officials from the
Investigations Unit, “[t]he said injuries were possibly caused by an axe.” According to his
next of kin, the corpse of Roni Barrios “was wearing different clothes from those he wore
when he left his mother,” and his aunt’s house “revealed no signs of violence, traces of
blood or damage to the outer doors”; furthermore, “there were scratches on the back of the
body and bruising on the face, which allows it to be supposed that he was ill-treated and
that his body was dragged to the place where it was abandoned.” On May 16, “a group from
the Villa de Cura, Aragua state, branch of the Scientific, Criminal and Criminalistics Unit
arrived to remove the body,” which was taken to the morgue in order to perform the
required autopsy. The representatives underscored that Roni David Barrios “had witnessed
the death of […] his father,” Luis Alberto Barrios, “who was also murdered in a violent
manner,” as well as “the search of, and the setting fire to, his home in 2004. In addition,
they indicated that “as this regrettable event reveals,” the measures ordered by the Court in
the Order of February 13, 2013, “were not reactivated and, consequently, were not effective
to protect the members of the Barrios family who remain in Guanayén.”
10.
The State advised that, “on May 15, 2013, in Aragua state, specifically in the district
known as Oficina, Paso de Cura sector, […] the body of the adolescent [Roni David Barrios
Alzul] was found with injuries produced by a sharp instrument, as reported in the required
autopsy performed by the forensic physicians called upon for this purpose.” In addition, it
indicated that “the Public Prosecution Service appointed the sixteenth prosecutor of the
Public Prosecution Service of Aragua state specialized in violence suffered by children and
adolescents, […] who is currently taking all the necessary investigative measures to be able
to determine the identity of the perpetrators of these facts and whether they belong to the
ranks of any security and public order agency of the Venezuelan State.” In addition, it
alleged that “Roni David Barrios Alzul […] was inside his home and was six years old [when
his father died], so that it is false that, now, his death should be considered a reprisal in
order to avoid the trial of those who took part in the facts of his father’s death.” Lastly, the
State underlined that Roni Barrios Alzul’s mother had renounced the measures of protection
granted at the domestic level, which covered her family group, and had not attended the
hearing on implementation of the said measures held on May 13, 2013.
Considerations of the Court
11.
The Court notes with concern that the death of Roni Barrios Alzul, who was 17 years
old, constitutes the tenth murder of a member of the Barrios family, seven of which have
taken place while these provisional measures have been in force and one while the
preventive measures granted by the Inter-American Commission were in force: Luis Alberto
Barrios, on September 20, 2004; Rigoberto Barrios, between January 19 and 20, 2005;
Oscar Barrios, on November 29, 2009; Wilmer José Flores Barrios, on September 1, 2010;
Juan José Barrios, on May 28, 2011, Víctor Tomás Navarro Barrios, on June 9, 2012, Jorge
Antonio Barrios, on December 15, 2012, and recently Roni Barrios Alzul, on May 15, 2013.11
11
In the Judgment handed down by the Court in this case it was established that Benito Antonio Barrios and
Narciso Barrios had been deprived of their life by State agents in 1998 and 2003, respectively, and this was not
contested by the State. Consequently, the Court determined the State’s international responsibility for the violation of
the right to life contained in Article 4(1) of the American Convention, in relation to Article 1(1) thereof, to the
detriment of Benito Antonio Barrios and Narciso Barrios. Furthermore, the Court established that “[e]ven though
there [wa]s still no official version of the facts, the evidence in the case file allow[ed] the Court to conclude that
police officials took part in the attack that resulted in the death of Rigoberto Barrios, and that the victim underwent
suffering from the moment of the attempt on his life until his death as a result of the gunshots he received and of the
consequent fear of dying or suffering permanent injuries.” Therefore, the Court determined that Venezuela had
violated Articles 4(1) and 5(1), in relation to Article 1(1) of the Convention, to the detriment of Rigoberto Barrios. Cf.
5