circumstances; in three of these cases the Court has found the State responsible for the
acts of its agents (supra paras. 68 and 96) while, in the other four cases, its responsibility
arose from failing to comply with its obligation of prevention and guarantee (supra para.
131). Several members of the Barrios family testified before domestic bodies and before
this Court that: (a) they moved from Guanayén owing to the violent acts that occurred
against their next of kin or against themselves;208 (b) they moved owing to the fear and
lack of security they felt,209 and (c) they did not return to the said place because they were
afraid of what could happen to them.210 In this regard, the situation is revealed by the
statements made by Brígida Oneyda Barrios, who said that her “family became totally
disorganized [and] went to many different places,”211 and by Luisa del Carmen Barrios who
stated that, following the threats and deaths, “each member of the family took off in a
different direction.”212
164. The Court observes that the State has not presented specific arguments about the
incidents and about the arguments of the Commission and the representatives, merely
affirming that it had not violated the right to freedom of movement and residence of the
members of the Barrios family.
165. The Court considers that Venezuela has not formally restricted the freedom of
movement and residence of the members of the Barrios family. Nevertheless, it finds that,
in this case, this freedom has been limited by serious de facto restrictions arising from the
threats, harassment and other violent acts that have led to the departure of several of its
members from Guanayén and their reticence to return, owing to the well-founded fear that
their own life or safety, or that of their next of kin, could be in danger owing to the violent
events that took place and the lack of security, added to the failure to investigate and
prosecute those responsible for the facts. Indeed, the State is responsible for the conduct of
its agents that caused the displacements and for not having established the conditions or
provided the means to allow the members of the Barrios family to return safely. As this
Court has previously established, the absence of an effective investigation of violent acts
can lead to or perpetuate exile or forced displacement.213
166. From the evidence provided by the parties, the Court considers that the households
of Elbira Barrios, Oscar José Barrios, Pablo Julián Solórzano Barrios, Maritza Barrios, Brígida
Oneyda Barrios and Eloisa Barrios either moved or suffered a restriction of their freedom of
movement. 214
208
Cf. Complaint filed before the Senior Prosecutor of the Public Prosecution Service on February 10, 2005,
supra note 198, folios 3767 to 3768; Complaint filed before the Senior Prosecutor of the Public Prosecution Service
on June 22, 2005, supra note 123, folio 3770; Affidavits made by Brígida Oneyda Barrios, Lilia Ysabel Solórzano
Barrios and Maritza Barrios, supra notes 171 and 193, folios 882, 897 and 905.
209
Cf. Affidavits made by Brígida Oneyda Barrios, Lilia Ysabel Solórzano Barrios, Luisa del Carmen Barrios
and Pablo Julian Solórzano Barrios, supra notes 171 and 193, folios 882, 883, 897, 900 and 918.
210
Cf. Affidavit made by Víctor Daniel Cabrera Barrios, supra note 162, folio 924.
211
Cf. Affidavit made by Brígida Oneyda Barrios, supra note 171, folio 883.
212
Cf. Affidavit made by Luisa del Carmen Barrios, supra note 193, folio 900.
213
Cf. Case of the Moiwana Community, supra note 206, para. 120, and Case of Manuel Cepeda Vargas,
supra note 151, para. 201.
214
The Commission did not indicate Lilia Ysabel Solórzano Barrios as an alleged victim in the instant case. In
this regard, the Court recalls that, in its consistent case law in recent years, it has established that the alleged
victims must be indicated in the Commission’s report under Article 50 of the Convention. Also, in accordance with
Article 35(1) of the Rules of Procedure, it is for the Commission and not this Court, to identify the alleged victims in
a case before the Court precisely and at the appropriate procedural opportunity. Consequently, the Court will not
55
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