10. The petitioners specified that it is difficult to exercise effective control over security forces
in the rural village of Guanayen, in the municipality Urdaneta, south of the Aragua State,
because of the geographical location. According to the petitioners, this situation has favored
the development of a systematic practice of extrajudicial executions in the region, the
excessive and arbitrary use of force, and mechanisms of impunity surrounding these
situations.
11. The petitioners indicated that on August 28, 1998, at three o’clock in the morning, seven
uniformed officers from the police stations in the towns of Barbacoa and Guanayen came to
the house of worker Benito Barrios8 (age 28), carrying firearms and lacking an arrest warrant.
According to the petitioners, two of the police shot several times at Benito’s brother Luis
Alberto, without wounding him.
12. They alleged that four policemen threw Benito Barrios face down on the floor although he
had not resisted, and in the presence of his sons Jorge Antonio (9) and Carlos Alberto (4), they
hit him on the head with the butt of the weapons, causing Jorge Antonio to go off running to
his paternal grandmother’s house to tell her what was happening. The petitioners indicated
that when Benito Barrios’ nephew Victor learned of the situation, he went to his uncle’s house
and saw CSOP officers “mount” him and carry off Benito Barrios in a pick-up with cabins, which
belonged to that police force.
13. They alleged that at 9:00 a.m. the next day, a man named Wilmer-–representative of a
funeral home—asked where some Barrios family representative lived, and was given the
address of Ms. Oneida Barrios, a sister of Benito Barrios. According to the petitioners, this man
went immediately to that home, and informed that at 6:00 a.m. that same day, August 29,
1998, Benito Barrios had been admitted at the Barbacoa hospital with two gunshot wounds
and no vital signs. They indicated that according to the official death certificate, Benito Barrios
died as a result of “acute anemia, thorax hemorrhaging, and a gunshot wound.”9 According to
the petitioners, in the morning Benito’s sisters, Oneida and Maritza Barrios, went to the
Barbacoa hospital to identify their brother’s body and were told that the police had reported
the incident as an armed confrontation. They alleged the next day the body was turned over to
the family for burial.
14. Concerning the exhaustion of domestic remedies regarding the death of Benito Barrios the
petitioners indicated that the Technical Judicial Police, Villa de Cura station in Aragua State,
began its investigation, the findings of which were submitted on June 18, 1999 to the Urdaneta
Municipal Court and on July 28, 1999, to the Tribunal Segundo de Transición[Second Transition
Court] of the State of Aragua. They reported that case was later submitted to the Superior
Prosecutor’s Office of Aragua and that it was still in the preparatory stage when the petition
was lodged.
15. They alleged that the four of the policemen who took part in the arrest that preceded the
execution of Benito Barrios were identified in the administrative file that was opened as a
result of the incidents. They added that this administrative investigation remained open
pending the results of the criminal investigation.
16. They indicated that on June 18, 2004, Eloisa Barrios filed a motion for
amparo[constitutional injunction] against the Public Prosecutor’s Office of the Aragua State
District for denial of justice, procedural delay, and violation of due process. They alleged that
on June 22, 2005, the Tribunal Quinto de Juicio [Fifth Law Court] rejected the amparo, finding
the facts unclear.
17. The petitioners indicated that on June 29, 2005, Eloisa Barrios filed a complaint with the
Public Ombudsman regarding the assassination of Benito Barrios, calling for an administrative
8 Benito Antonio Barrios lived with Dalila Ordalys Ortuño, with whom he had two sons, Jorge Antonio and Carlos
Alberto. Communication of the petitioners dated September 19, 2007, p. 3.
9 Civil death certificate of Benito Antonio Barrios, annex of original petition received on December 30, 2005, p. 7.
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