the series of facts or take measures aimed at confirming whether or not those links existed
between the different incidents that took place within a very short lapse of time against
certain members of the Barrios family.368
254. In particular, the Court notes that several of the statements provided regarding the
searches, thefts and setting fire at the above-mentioned homes, indicated an incident that
had occurred previously between Narciso Barrios and a police agent as a possible motive for
the attack (supra paras. 201 and 203). Also, on March 1 and June 1, 2004, the lawyer of
Eloisa Barrios filed a complaint concerning the death of Narciso Barrios together with a
complaint concerning the search of the homes that had taken place in November 2003, and
requested an investigation into why there was no record of the facts related to the search
of the homes in the procedural records of the inquiry into the death of Narciso Barrios
(supra para. 206). Also, Nestor Caudi Barrios and other family members advised the
authorities on several occasions of the threats he had received, because he had witnessed
the circumstances in which the said death took place (supra paras. 206 and 208).
Therefore, the Court considers that all the possible lines of investigation that would have
permitted the facts to be elucidated were not exhausted.
255. The Court notes that although protective measures were ordered in favor of Nestor
Caudi Barrios (supra paras. 121 and 208), there is no record that any investigation was
conducted to determine the origin of the threats denounced and to punish those allegedly
responsible.
256. Consequently, the Inter-American Court concludes that the authorities did not act
with due diligence in the investigation into the death of Narciso Barrios, and did not
investigate the threats denounced by Nestor Caudi Barrios. Therefore, the State violated
the right to judicial guarantees and to judicial protection established in Articles 8(1) and
25(1) of the American Convention, in relation to Article 1(1) thereof, to the detriment of
Nestor Caudi Barrios, and of Justina Barrios, Annarys Alexandra Barrios Rangel, Benito
Antonio Barrios Rangel and Eloisa Barrios.369
4. Investigation of the detention of Rigoberto Barrios and Jorge Antonio
Barrios Ortuño
257. Faced with the complaint of arbitrary detention, physical and mental violence, and
the alleged torture of two minors attributed to police agents, partly on police premises, the
only measures that were taken by the authorities in charge of the investigation were: an
interview with Jorge Antonio Barrios Ortuño; a forensic medical examination of Rigoberto
Barrios; procedures concerning a farm and a vehicle allegedly related to the facts, and a
request for the logbooks of the Police Stations, which were not provided (supra paras. 213
and 215).
368
In this regard, the case file only contains a record of the criminal investigation of the Investigation Unit
indicating that the inquiries into the death of Narciso Barrios and into the searches of the homes “are related,” cf.
Record of criminal investigation of the Investigation Unit of February 21, 2005 (file of attachments to the answering
brief, tome II, attachment 10, folio 5120). Furthermore, expert witness Magaly Vázquez testified before this Court
that “we are talking about […] alleged human rights violations owing to a possible extrajudicial execution; in most
cases […] there are a series of events that can lead to that execution, such as illegal arrests, or threats to personal
integrity, etc. Consequently, from this perspective […] these conducts could, in my opinion, undoubtedly constitute
related crimes.”
369
Cf. Complaint filed before the Senior Prosecutor of the Public Prosecution Service on March 1, 2004, supra
note 139, folios 3313 to 3319.
85
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