brief, Venezuela denied its international responsibility for the violation of the rights alleged
by the Commission and the representatives and asked that the Court: (a) “declare Report
No. 11/10 inadmissible,” together with the requests for reparations and costs included in it;
(b) reject the pleadings, motions and evidence submitted to the Court by Eloisa Barrios and
her next of kin and, consequently, not to condemn the State to make the reparations and
pay the costs requested by the representatives, and (c) urge the Commission “to annul the
assertions, conclusions, and recommendations contained in Report [on Merits] No. 11/10.”
Lastly, the State appointed Germán Saltrón Negretti as its Agent.
6.
After the presentation of the Merits Report, the Inter-American Commission informed
the Court of the following alleged supervening facts concerning three of the alleged victims
in this case, who were also beneficiaries of provisional measures: (a) on October 18, 2010,
it reported the alleged murder of Wilmer José Flores, on September 1, 2010; (b) on January
13, 2011, it reported the alleged attack suffered by the Néstor Caudi Barrios on January 2,
2011, and (c) on May 30, 2011, it reported the alleged murder of Juan José Barrios on May
28, 2011. The representatives and the State were informed of these incidents in
communications of November 1, 2010, January 24 and June 2, 2011, respectively, in which,
on the instructions of the President of the Court (hereinafter also “the President”), the
parties were advised that they could forward any observations they deemed pertinent.
II
PROCEEDINGS BEFORE THE COURT
7.
Following the presentation of the main briefs (supra paras. 1, 4 and 5), among
others forwarded by the parties, in an order of June 1, 2011, the President required that the
statements of 17 alleged victims proposed by the representatives, and the opinions of four
expert witnesses, two of them proposed by the representatives, one proposed by the State,
and the other required ex officio by the President, be received by affidavit. The parties were
able to make observations on all the affidavits. In addition, the President convened the
parties to a public hearing to receive the testimony of an alleged victim proposed by the
representatives, a witness proposed by the State, and the opinions of two expert witnesses
proposed by the representatives and the Commission, as well as the final oral arguments of
the representatives and the State, and the final oral observations of the Commission on the
merits, reparations, and costs. Finally, the President ordered the financial aid from the Legal
Aid Fund a be assigned to cover the travel and lodging expenses necessary for one of the
alleged victims and an expert witness indicated by the representatives to appear before the
Court and give their testimony and expert witness report, respectively, during the public
hearing to be celebrated in this case, as well as to cover the expenses of formalizing and
sending the testimony given via affidavit, as determined by the alleged victims or their
representatives. The President also ordered a case file on expenses to be opened in order to
document each of the expenditures made in relation to the Legal Aid Fund7.
lack of impartiality in their functions of some of the Judges who are members of the Court, presented by the State
of Venezuela as a preliminary objection, did not exist. In addition, he decided that it corresponded to the Court in
plenary to continue hearing the entire case until its conclusion. Cf. Case of the Barrios Family v. Venezuela. Order
of the acting President of the Inter-American Court of Human Rights of April 14, 2011.
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Cf. Case of the Barrios Family v. Venezuela. Convocation to a public hearing. Order of the President of the
Inter-American Court of Human Rights of June 1, 2011. Prior to this, in an order of April 15, 2011, the President of
the Court had declared admissible the request submitted by the alleged victims, through their representatives, to
accede to the Legal Assistance Fund and had approved that the necessary financial assistance be granted for the
presentation of a maximum of three statements. Cf. Case of the Barrios Family v. Venezuela. Victims’ Legal
Assistance Fund. Order of the President of the Inter-American Court of Human Rights of April 15, 2011.
7