inspection of the scene of the crime, where a cartridge shell was found; and it has been
verified that no order was issued to forward it so that the police could make the
corresponding technical inspection until April 6, 2005. Similarly, the ballistic trajectory
appraisal and planimetric survey procedures were requested 17 days after the incident. In
addition, forensic inspection and blood tests of the evidence taken from the victim’s body
were requested on February 1, 2005 (supra paras. 225 to 227).
269. As in the investigations of other cases examined in this chapter, the Court observes
that requests were reiterated on several occasions for certain measures to be taken such as
ballistic trajectory appraisals, a planimetric survey, and forensic inspections and blood tests,
the identification of police officials attached to the Barbacoas Police Station, and the
weapons register (supra paras. 224, 225 and 227). In addition, even though the forensic
inspection and blood tests of the fragments of bullet extracted from the victim’s body had
been performed in March 2005, the Twentieth Prosecutor requested that they be forwarded
to his office more than a year later.
Investigation of medical malpractice
270. The Prosecutor began the inquiry into these facts promptly, as soon as he had been
informed of them by the family’s lawyer, and ordered the implementation of the procedures
requested by the latter. Some of them were not remitted opportunely, and the Prosecutor
repeated his requests several times (supra paras. 229 and 232).
271. Nevertheless, the conclusive decision presented by the Investigation Unit on
November 6, 2006, indicated the existence of several irregularities in the medical care
provided to the victim (supra para. 230). Despite this, the case file does not show that any
progress was made in the investigation to clarify what happened until 2010, when the two
cases relating to Rigoberto Barrios were joindered. At that time, another request was made
for procedures that had already been implemented, and that should have been included in
the medical malpractice file.
272. Consequently, the Inter-American Court concludes that the authorities did not act
with due diligence in the investigation of the attempt on the life of Rigoberto Barrios and his
death. 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 Maritza Barrios.
F. Considerations on reasonable time
273. This Court has indicated that the right of access to justice must ensure, within a
reasonable time, the right of the alleged victims or their next of kin that all necessary
measures are taken to know the truth about what happened and for those responsible to be
punished.371 In principle, the lack of reasonableness in the duration of the investigation is,
in itself, a violation of judicial guarantees.372 In this regard, the Court has considered four
elements to determine the reasonableness of the duration: (a) the complexity of the
matter; (b) the procedural activity of the interested party; (c) the conduct of the judicial
371
Cf. Case of Bulacio, supra note 55, para. 114, and Case of Kawas Fernández, supra note 176, para. 112.
372
Cf. Case of Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago. Merits, reparations and costs.
Judgment of June 21, 2002. Series C No. 94, para. 145, and Case of Valle Jaramillo et al., supra note 94, para.
154.
88
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