had been set on fire.182 Mrs. Alzul García’s lawyer submitted several photographs of the
home to the Public Prosecution Service showing the fire and the destruction that had taken
place. Finally, on February 21, 2005, 15 months after the incident occurred, a police
technical inspection verified that the door had been forced and that there were signs of
burning in the said house.183
143. With regard to Brígida Oneyda Barrios, the Court observes that she was not at home
when the search occurred and that she stated that her neighbors had told her that the
police had been responsible. Three days after the incident, she reported the search of her
home to the Public Prosecution Service and then testified on three further occasions about
the search and the removal or destruction of her possessions, indicating that the police were
responsible, and that they “were looking for [her] brother Narciso Barrios […] because
allegedly he had to machine gun that belonged to the Police.”184 Similarly, Mrs. Alzul García
indicated to the Scientific Investigation Unit that the residence of Brígida Oneyda Barrios
had also been searched on the same date.185 In view of the absence of an investigation of
the incident (infra paras. 246 to 249) and of an account that disproved the statements
made by Brígida Oneyda Barrios to the Police and to the Public Prosecution Service, the
Court grants credibility to what she said and concludes that the search of her home was
carried out by members of the police team that had previously searched the home of Luis
Alberto Barrios and Orismar Carolina Alzul García looking for the official weapon apparently
stolen by Narciso Barrios (supra para. 109).
144. Lastly, the Court observes that the Commission and the representatives alleged that
the homes of Elbira Barrios and Justina Barrios were also searched. As evidence, they
submitted a complaint filed by the lawyer Luis Aguilera before the Senior Prosecutor on
March 1, 2004, a statement by Eloísa Barrios, and the affidavit of Brígida Oneyda Barrios,
none of whom witnessed the events, as well as a newspaper article.186 Regarding these two
searches, the Court does not have possible domestic complaints or testimony in the
international proceedings by those allegedly affected. The Court observes that the parties
did not provide evidence that would corroborate the statements made by Eloísa and Brígida
Barrios and by their lawyer. Hence, the Court does not have sufficient evidence to reach a
conclusion in this regard.
145. Regarding the inviolability of the home, the relevant part of the Venezuelan
Constitution stipulates:187
182
Cf. Record of visit of the Children’s Ombudsman’s Office, supra note 174, folio 5239.
183
Cf. Police technical inspection No. 300 of February 21, 2005, supra note 174, folios 5116 and 5117.
184
Record of interview with Brígida Oneyda Barrios el February 28, 2005, supra note 120, folio 5252. In
addition, cf. Complaint filed by Brígida Oneyda Barrios on December 2, 2003, supra note 171, folios 5232 to 5234;
Record of interview with Brígida Oneyda Barrios of October 3, 2006, supra note 171, folio 5168, and Affidavit made
by Brígida Oneyda Barrios, supra note 171, folio 883.
185
Cf. Record of interview with Orismar Carolina Alzul García on February 21, 2005, supra note 172, folio
5112.
186
Cf. Complaint filed before the Senior Prosecutor of the Public Prosecution Service on March 1, 2004, supra
note 139, folios 3210 to 3215; Record of interview with Eloisa Barrios before the Public Prosecution Service on
August 10, 2004 (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 2, folio 3229) and
Newspaper article in “EI Siglo” of June 29, 2004 (file of attachments to the Commission’s Report No. 11/10, tome
I, attachment 2, folio 3247).
187
Constitution of the Bolivarian Republic of Venezuela, supra note 90, article 47.
50
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