iii. Considerations of the Court 94. On March 3, 2004, Rigoberto Barrios, 15 years of age, was detained by police agents, assaulted and threatened with death, together with Jorge Antonio Ortuño. He denounced these facts on March 11, 2004, and physically identified the police agents responsible (supra para. 73). A few days after these facts were reported, on March 30, 2004, a local court ordered a measure of protection for him and others.115 That decision was reaffirmed on May 13, 2004.116 In addition, the Court recalls that Rigoberto Barrios was the beneficiary of precautionary measures granted by the Commission from June to November 2004 and, subsequently, of provisional measures granted by the Court as of November 23, 2004. In other words, the State was specifically aware that the life of Rigoberto Barrios was in danger and that police officials had threatened to kill him. Also, on December 3, 2004, the First Instance Review Court of the Ninth Criminal Judicial Circuit of Aragua state (hereinafter “the Criminal Court of First Instance”) ratified the previous measure of protection and ordered the “establishment of a permanent team of National Guard officers […] at the homes of the beneficiaries.”117 However, there is no evidence that this permanent team was established. 95. Five weeks later, on January 9, 2005, Rigoberto Barrios suffered an attempt against his life and he died on January 19 or 20, 2005. Before he died, he gave a statement to the Public Prosecution Service and identified one of his assailants as a member of the Police of Aragua state, who had been present at the Barbacoas Police Station where he had been assaulted and threatened with death previously. His mother also testified that a police official had made death threats against her children in the past, and the girl who accompanied Rigoberto Barrios just before the attack stated that his assailants had identified themselves as “from the Government” (supra para. 92). Although there is still no official version of the incident, the body of evidence allows the Court to conclude that police officials participated in the attack that led to the death of Rigoberto Barrios, and that the victim suffered from the moment of the attempt on his life until his death as the result of being shot, as well as from the consequent fear of death or permanent injury. 96. Based on the above, the Court considers that the State violated the rights to personal integrity and to life derived from Articles 4(1) and 5(1) of the American Convention, read in conjunction with Article 1(1) of this instrument, to the detriment of Rigoberto Barrios. Moreover, given that the victim was a minor at the time of the attack that led to his death, and taking into account the State’s special obligation of protection (supra para. 55), the State violated Article 19 of the American Convention, in relation to Article 1(1) of thereof. 97. Regarding the medical malpractice alleged by the representatives, the Court observes that, as evidence, they provided a statement made by Maritza Barrios, Rigoberto’s mother, in which she affirmed that the attention provided by the Hospital was deficient.118 115 Cf. Decision of the First Instance Review Court of the Ninth Criminal Judicial Circuit of Aragua state of March 30, 2004 (file of attachments to the answering brief, tome III, attachment 17, folio 5865): the beneficiaries of the measure of protection authorized were Eloisa Barrios, Pablo Solorzano, Elbira Barrios, Inés Barrios, Beatriz Cabrera Barrios, Jorge Barrios, Rigoberto Barrios, Maritza Barrios and Juan José Barrios. 116 Cf. Decision of the First Instance Review Court of the Ninth Criminal Judicial Circuit of Aragua state of May 13, 2004 (file of attachments to the answering brief, tome III, attachment 17, folio 5868). The beneficiaries of this decision were the same as those that benefited from the decision of March 30, 2004, supra note 115. 117 Cf. Order of the First Instance Review Court of the Ninth Criminal Judicial Circuit of Aragua state of December 3, 2004 (file of attachments to the answering brief, tome VI, attachment 27, folios 7125). 118 Cf. Record of interview with Maritza Barrios on January 26, 2005, supra note 104, folio 3583. 36