160. On June 19, 2005, the day after one of her sons, Oscar José Barrios, had allegedly been intercepted by five armed men, Elbira Barrios and her minor children Oscar José Barrios, Cirilo Antonio Colorado Barrios and Lorena del Valle Pugliese Barrios left Guanayén, while her other two children, Darelbis Carolina Barrios and the minor Elvis Sarais Colorado Barrios, had moved some months previously afraid of being murdered.199 While Oscar José Barrios sometimes lived in the house of Eloisa Barrios in Cagua,200 the others lived with their mother in Valencia.201 161. During the time the facts of this case took place, Eloisa Barrios and her direct family also lived in Cagua.202 At the time, her family consisted of her minor children Víctor Daniel Cabrera Barrios, Luilmari Carolina Guzmán Barrios and Luiseidys Yulianny Guzmán Barrios. C. Considerations of the Court 1. Freedom of movement and residence 162. The Court has established on previous occasions that the right to freedom of movement and residence is an essential condition for the free development of the individual,203 and includes, inter alia, the right of those who are legally within a State to move freely in it, as well as to choose their place of residence.204 The enjoyment of this right does not depend on any particular purpose or reason on the part of the person who wishes to move or remain in one place.205 This Court has indicated that freedom of movement and residence can be violated by de facto restrictions, if the State has not established the conditions or provided the means that allow it to be exercised.206 An example of this occurs when someone is the victim of threats or harassment and the State has not provided the necessary guarantees for them to be able to reside and to move freely in the territory in question, even when the threats and harassment emanate from non-State agents.207 163. In the instant case, the members of the Barrios family denounced threats, detentions and searches of their homes on different occasions (supra Chapters VII and VIII). From 1998 until the delivery of this judgment, seven members of this family died in violent 199 Cf. Complaint filed before the Senior Prosecutor of the Public Prosecution Service on June 22, 2005, supra note 123, folio 3770. 200 Cf. Affidavit of Víctor Daniel Cabrera Barrios, supra note 162, folio 924. 201 Cf. Affidavit of Elbira Barrios, supra note 192, folios 890 and 891, and Record of the special hearing of July 27, 2011, supra note 156, folio 2553. 202 Cf. Testimony of Eloisa Barrios during the public hearing, supra note 162, and Affidavit made by Víctor Daniel Cabrera Barrios, supra note 162, folios 924 to 927. 203 Cf. Case of Ricardo Canese v. Paraguay. Merits, reparations and costs. Judgment of August 31, 2004. Series C No. 111, para. 115; and Case of Manuel Cepada Vargas, supra note 151, para. 197. 204 Cf. Case of Ricardo Canese v. Paraguay, supra note 203, para. 115, and Case of Valle Jaramillo et al., supra note 94, para. 138. 205 Cf. Case of Ricardo Canese, supra note 203, para. 115, and Case of Manuel Cepada Vargas, supra note 151, para. 197. 206 Cf. Case of the Moiwana Community v. Suriname. Preliminary objections, merits, reparations and costs. Judgment of June 15, 2005. Series C No. 124, paras. 119 and 120, and Case of Manuel Cepada Vargas, supra note 151, para. 197. 207 Cf. Case of Valle Jaramillo et al., supra note 94, para. 139, and Case of Manuel Cepada Vargas, supra note 151, para. 197 54

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