In addition, the evidence on file reveals that, from the time he was admitted to the Hospital,
Rigoberto Barrios received a series of treatments and that the doctor in charge of his case
testified before the Prosecutor on two occasions. There is also a report on a criminal
investigation into the care provided to the victim. The Commission stated that it had
insufficient information to rule in this regard. The Court does not have sufficient evidence to
determine the alleged negligence in the care received by Rigoberto Barrios.
E. Obligation to prevent violations and to guarantee rights
1. Rights to life of Luis Alberto Barrios, Oscar José Barrios, Wilmer José
Flores Barrios and Juan José Barrios, and to personal integrity of
Néstor Caudi Barrios
i. Arguments of the parties
98.
The Commission indicated that, before his death on September 20, 2004, Luis
Alberto Barrios had been subjected to acts of harassment and intimidation by security
officials and was also the beneficiary of precautionary measures granted by the
Commission, without the State having taken any measure in his favor. It stressed that the
State should have protected him but failed to take reasonable measures of protection or to
undertake a diligent investigation into what happened; instead, it closed the case.
99.
Moreover, regarding the death threats proffered by the police against Nestor Caudi
Barrios and Oscar José Barrios and the harassment of which they were victims from May
2004 to August 2005, even though they were still minors, the Commission considered that
there is sufficient evidence to infer that the fear and anxiety they suffered seriously affected
their mental and moral integrity.
100. Regarding the death of Oscar José Barrios, it underscored that the State had not
provided information regarding this incident and has not made any observations on the
information submitted by the petitioners in this regard. It found that this death could be
considered part of the same context of persecution of the family, since the victim had been
arrested and threatened by members of the police and was not provided with protection
even though he was covered by provisional measures.
101. In addition, regarding Wilmer José Flores Barrios, Néstor Caudi Barrios and Juan José
Barrios, the Commission indicated that they were threatened with death, and the latter even
requested special protection in the context of the investigation into the extrajudicial
execution of his brother Narciso Barrios. Nestor Caudi Barrios and Juan José Barrios had left
Guanayén in search of a safe place. However, the attacks occurred precisely on the days
they were visiting the area to which the State officials who had threatened then previously
belonged. The State “has not taken concrete steps to deal with the source of general and
specific risk from its own security agents. In this regard, even in 2010 and 2011, it was still
possible that the threats made previously would be acted upon, particularly in the context in
which the Barrios family had persisted in making public complaints and in their quest for
justice.
102. Based on all the above, the Commission considered that there was sufficient
evidence to allow it to infer the participation of State agents in the attempt on the life of
Néstor Caudi Barrios, and in the death of Luis Alberto Barrios, Oscar Jose Barrios, Wilmer
Jose Barrios and Juan José Barrios. In addition, it found that the State’s failure to comply
with its obligation of protection had been proved. Consequently, the Commission concluded
that Venezuela had failed to comply with the obligation to respect and ensure the right to
life of Luis Alberto Barrios, Oscar Jose Barrios, Wilmer Jose Barrios and Juan José Barrios
37
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