8.
The public hearing was held on June 29 and 30, 2011, during the Court’s ninety-first
regular session.8
9.
On August 1, 2011, the State, the representatives, and the Inter-American
Commission submitted their respective final written arguments and observations. With
these submissions, the parties sent, inter alia, documents requested by the judges of the
Court during the public hearing, which were forwarded to the other parties so that they
could make any observations they deemed pertinent. On August 26, 2011, on the
instructions of the President, the Secretariat of the Court (hereinafter “the Secretariat”)
asked the State for observations on the expense file for the Legal Assistance Fund. The
State did not forward any observations in this regard.
III
JURISDICTION
10.
The Inter-American Court has jurisdiction to hear this case in the terms of Article
62(3) of the Convention, because Venezuela has been a State Party to the American
Convention since August 9, 1977, and accepted the compulsory jurisdiction of the Court on
June 24, 1981. In addition, the State ratified and deposited the instrument ratifying the
Inter-American Convention to Prevent and Punish Torture on June 25, 1991, and August 26,
1991, respectively.
IV
PROVISIONAL MEASURES
11.
On September 23, 2004, in the context of the case that it was processing at that
time, the Inter-American Commission asked the Court to order the State to adopt
provisional measures to protect the life and personal integrity of Eloisa Barrios, Jorge
Antonio Barrios Ortuño, Rigoberto Barrios, Oscar José Barrios, Inés Josefina Barrios, Pablo
Julián Solórzano Barrios, Beatriz Barrios, Néstor Caudi Barrios, Orismar Carolina Alzul García
and Juan José Barrios, alleged victims in the instant case. On September 24, 2004, the
President of the Court at the time issued an order for urgent measures in which he required
the State to take the necessary measures to protect the life and personal integrity of the
said individuals.9 The Court ratified this order on November 23, 2004.10 In orders of the
Court dated June 29 and September 22, 2005, inter alia, the provisional measures were
expanded in favor of Maritza Barrios, Roni Barrios, Roniel Barrios, Luis Alberto Alzul,
Orianny Nazareth Barrios, Oriana Nazareth Barrios, Víctor Daniel Cabrera Barrios, Beatriz
Cabrera Barrios, Luilmari Guzmán Barrios, Luiseydis Guzmán Barrios, Wilmer José Flores
Barrios, Génesis Andreina Barrios, Víctor Tomás Barrios, Heilin Alexandra Barrios, Elbira
Barrios, Darelbis Carolina Barrios, Elvis Sarais Barrios, Cirilo Robert Barrios and Lorena
8
There appeared at this hearing: (a) for the Inter-American Commission: Paulo Sérgio Pinheiro,
Commissioner; Elizabeth Abi-Mershed, Deputy Executive Secretary, and Silvia Serrano Guzmán, adviser; (b) for
the representatives: Luis Manuel Aguilera Peñalver of the Human Rights Commission for Justice and Peace of
Aragua state, Viviana Krsticevic, Ariela Peralta, Francisco Quintana and Annette Marie Martínez Orabona of CEJIL,
and Liliana Ortega Mendoza and Willy Chang of COFAVIC, and (c) for the State: Germán Saltrón Negretti, State
Agent for Human Rights and Norevy Cortez, lawyer, State Agent for Human Rights.
9
Cf. Matter of Eloisa Barrios et al. Provisional measures with regard to Venezuela. Order of the President of
the Inter-American Court of Human Rights of September 24, 2004.
10
Cf. Case of Eloisa Barrios et al. Provisional measures with regard to Venezuela. Order of the InterAmerican Court of Human Rights of November 23, 2004.
8