Pablo Solórzano Barrios in view of the threats made against the Barrios family by police
officials.278 Furthermore, on numerous occasions, both Eloisa Barrios and her lawyer
denounced the delay and negligence in the investigation; reiterated the information about
the threats made against Néstor Caudi Barrios and other members of the family, and
advised that the former had moved in view of the danger to his life; they also noted specific
irregularities in the case file, asked for investigation procedures to be carried out, such as
the reconstruction of the events; expressed their rejection of the intention to present a
conclusive decision without having collected all the evidence; asked for investigation of the
fact that the procedural records of the death did not refer to the investigation of the
incidents against the homes of some members of the family, as well as measures of
protection in favor of Néstor Caudi Barrios, and required the opening of an administrative
proceeding against the judge in charge of the case.279 On April 26 and May 31, 2004, the
Fourteenth Prosecutor asked the Investigation Unit to carry out the procedures ordered
previously (supra para. 205), as well as “the procedures requested by Eloisa Barrios.”280 On
May 19 and 27, 2004, Eloisa Barrios, Elbira Barrios and Néstor Caudi Barrios were
interviewed.281
207. On June 7, 2004, the Investigation Unit reiterated to the Barbacoas Police Station the
request of December 13, 2003, for the appearance of two police agents, and asked that
certain firearms be forwarded so that the corresponding forensic appraisals could be carried
out; the firearms were requested again on June 24, 2004.282 On June 9, 22, 24 and 29,
2004, several witnesses, police agents, and family members testified.283
278
Cf. Complaint filed before the Senior Prosecutor of the Public Prosecution Service on March 1, 2004, supra
note 139, folios 3318 and 3319.
279
Cf. Communication of Eloisa Barrios and her lawyer of April 21, 2004, and Communication of Eloisa Barrios
presented to the Fourteenth Prosecutor on April 28, 2004 (file of attachments to the answering brief, tome III,
attachment 17, folios 5896, 5897, 5900 and 5901); Complaint filed by Elosia Barrios and Luis Aguilera before the
Fourteenth Prosecutor on June 1, 2004 (file of attachments to the Commission’s Report No. 11/10, attachments 1
to 5, tome I, folios 3337 to 3342); Briefs of Luis Aguilera on December 7, 2004 (file of attachments to the
answering brief, tome III, attachment 17, folios 6065 to 6068); Notes No. CJP-092-04, No. CJP-093 04 and No.
CJP-051-04 of Luis Aguilera sent on March 24, April 6 and June 17, 2004 (file of attachments to the Commission’s
Report No. 11/10, attachments 1 to 5, tome I, folios 3378 to 3394); Brief of Luis Aguilera of July 23, 2004 (file of
attachments to the Commission’s Report No. 11/10, attachments 1 to 5, tome I, folios 3344 to 3353), and Notes
No. CJP-054-04, No. CJP-056-04, No. CJP-050-04, No. CJP-058-04, No. CJP-059-04 and No. CJP-055-04 of Luis
Aguilera of July 28, 29 and 30, 2004 (file of attachments to the Commission’s Report No. 11/10, attachments 1 to
5, tome I, folios 3349 to 3356, and 3360 to 3369). In addition, on November 22, 2004, Eloisa Barrios informed the
Twentieth Prosecutor of the existence of specific irregularities in the case file: (a) the absence of a certified copy of
the duty roster and log of the Guanayén Police Station; (b) the absence of the ballistic comparison appraisal of the
bullets extracted from the corpse; (c) the absence of the appraisal of the firearms of the officials involved, the
ballistic trajectory, and the analysis of bullet tracks, cf. Communication of Eloisa Barrios of November 22, 2004 (file
of attachments to the answering brief, tome III, attachment 17, folios 6040 and 6041).
280
Cf. Notes No. 05-F14-5582-04 and No. 05-F14-5733-04 of the Fourteenth Prosecutor of April 26 and May
31, 2004 (file of attachments to the answering brief, tome III, attachment 17, folios 5984 and 6003).
281
Cf. Record of interview with Eloisa Barrios by the Investigation Unit on May 19, 2004, and Records of
interviews with Néstor Caudi Barrios and Elbira Barrios by the Investigation Unit on May 27, 2004 (file of
attachments to the answering brief, tome III, attachment 17, folios 5964, 5965, 5987, 5999, 6000 and 6001).
282
Cf. Notes No. 9700-081-SVC-3635 and No. 9700-081-SVC-3636 of the Investigation Unit of June 7, 2004
and Note No. 9700-081-SVC-3973 of the Investigation Unit of June 24, 2004 (file of attachments to the answering
brief, tome III, attachment 17, folios 6004, 6005 and 6024).
283
Cf. Records of interviews with Jorge Antonio Barrios Ortuño, Heran Bennedani La Rosa, Inés Josefina
Barrios, Pablo Julián Solorzano Barrios, Walter Rafael Pacheco Urrutia, Jose Luis Riasco León and Marcos Antonio
Moreno Dorta by the Investigation Unit on June 9, 22, 24 and 29, 2004 (file of attachments to the answering brief,
tome III, attachment 17, folios 6006 to 6023, 6025, 6026, 6028 and 6030).
70
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