68. Based on elements of fact and law presented by the parties and the nature of the matter
submitted to it, the Commission considers that the petitioners’ allegations of violations of the
rights to life, humane treatment, personal liberty, a fair trial, and judicial protection tend to
establish a violation of the rights protected in Articles 4.1, 5.1, 5.2, and 7.1-7.5, in connection
with Article 1.1 of the American Convention to the detriment of Benito Antonio Barrios and
Rigoberto Barrios; and of the rights to mental and moral integrity, due process, and judicial
protection set forth in Articles 5.1, 8.1, and 25 of the American Convention respectively, in
connection with Article 1.1 of the same treaty, to the detriment of their family members.
69. The Commission considers that the petitioners’ allegations of violation of the right to
personal liberty tend to establish violations of the rights protected in Article 7.1-7.5 of the
American Convention to the detriment of Jorge Antonio, Néstor Caudi, Luisa del Carmen, and
Oscar Barrios, and Jesús and Gustavo Ravelo. Furthermore, the allegations concerning alleged
violation of the right to humane treatment tend to establish violations of the rights protected in
Article 5.1 and 5.2 of the American Convention to the detriment of Jorge Antonio Barrios and
Jesús and Gustavo Ravelo, and in Article 5.1 of the American Convention to the detriment of
Luisa del Carmen and Oscar Barrios, all in connection with Article 1.1 of the same instrument.
70. The Commission considers that the petitioners’ allegations of violation of the right to
freedom of movement and residence tend to establish violations of the right protected in
Article 22.1 of the American Convention in connection with its Article 1.1, to the detriment of
several members of the Barrios family. (See IV.A supra.)
71. Applying the iura novit curia principle, the Commission finds that the facts also tend to
establish violations of Article 19 of the American Convention, to the detriment of the minors
Rigoberto and Jorge Antonio Barrios and the other girls and boys in the Barrios family (see
IV.A supra). Finally, based on the restrictions regarding interpretation specified in the
American Convention on Human Rights55 and the criteria established by the Inter-American
Court of Human Rights concerning the tendency to integrate the regional and universal
systems for the protection of human rights56 and the concept of a corpus juris for the
protection of the child,57 the Commission will interpret the scope and content of the rights that
have allegedly been violated to the detriment of the boys and girls of the Barrios family in the
light of the provisions of the United Nations Convention on the Rights of the Child.58 Since
there is no evidence that the petition is manifestly groundless or obviously out of order, the
Commission deems that the requirements set forth in Articles 47.b and c de of the American
Convention have been satisfied.
VI.
CONCLUSIONS
72. By virtue of the foregoing arguments of fact and law, and without prejudging the merits of
the matter, the Inter-American Commission concludes that the instant case is admissible in
accordance with Articles 46 and 47 of the American Convention and therefore,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
55 American Convention, Article 29: Restrictions Regarding Interpretation. No provision of this Convention shall be
interpreted as: …b. restricting the enjoyment or exercise of any right or freedom recognized by virtue of the laws of
any State Party or by virtue of another convention to which one of the said states is a party;….
56 I/A Court H.R., Advisory Opinion OC 1/82 of September 24, 1982 on “Other treaties” subject to the advisory
jurisdiction of the Court (Article 64 of the American Convention on Human Rights), para. 41.
57 I/A Court H.R., The “Street Children” Case (Villagrán Morales et al.). Judgment of November 29, 1999, Series C N°
63, para. 194; Case of the “Juvenile Reeducation Institute”. Judgment of September 2, 2004, para. 148;Case of the
Gómez Paquiyauri Brothers, Judgment of July 8, 2004, para. 166; I/A Court H.R., Juridical Condition and Human Righs
of the Child. Advisory Opinion OC-17/02 of August 28, 2002, Series A, No. 17, paras. 24, 37, 53.
58 This Convention was adopted on November 20, 1989, and entered into force on September 2, 1990. The State of
Venezuela ratified the Convention on the Rights of the Child on September 13, 1990.
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