sufficiently founded.23 In this regard, in relation to the observations on the contents of the
expert opinions, the Court understands that they do not contest their admissibility, but
rather are designed to contest the probative value of the opinions. The pertinent parts of
these opinions will be considered in the corresponding chapters of this judgment.
29.
In particular, with regard to the State's observations on the alleged biased and
partial result of the expert opinion of Ms. Vázquez González, the expert witness stated
during the public hearing that she “was able to review some of [the documents from the
cases involving the Barrios family] related […] basically to the final decisions in the
different cases,” so that she answered the questions she was asked in that regard, based
on the information she had. The Court will consider the content of this expert opinion to
the extent that the expert witnessed referred to specific facts and situations of the
investigations that she was aware of and that fell within her expertise; moreover, the
expert opinion complied with the purpose for which it was requested (supra para. 14)
Regarding the methodology of Mr. Baraybar’s opinion, without prejudice to taking into
account the State’s observations, the Court notes that the said opinion includes an
explanation of the procedure used. Expert witness Baraybar indicated that he had based
his study on the documentation presented to the Court by Venezuela and compared the
procedures used in the investigations into the alleged extrajudicial executions with the
relevant international standards. The Court considers that the objection to the method
used by the expert witness, which is sufficiently explained in his opinion, does not affect its
admissibility. Lastly, regarding the State's argument that the expert opinion of Ms. Valdez
Labadi does not correspond to the purpose established by the President, the Court will
consider the State’s observation and reiterates that it only admits statements that are in
keeping with the purpose opportunely defined (supra para. 14). Based on the foregoing,
the Court admits the expert opinions indicated, to the extent that they are in keeping with
the purpose required, and will assess them together with the rest of the body of evidence,
taking into account the observations of the State, and the rules of sound judicial discretion.
VI
PRELIMINARY CONSIDERATIONS
A. Discontinuance of two members of the family
30.
On June 6, 2011, the representatives advised that Dalila Ordalyz Ortuño and Junclis
Esmil Rangel Terán, widows of Benito Antonio Barrios and Narciso Barrios, respectively, had
expressed their intention “not to continue with the proceedings before the [Inter-American]
Court owing to the apprehensions that this has caused them and the impact it could have on
their children, especially after the attempt on the life of Nestor Caudi [Barrios] in January
2011.”
31.
In this regard, the Court takes note of the discontinuance by the alleged victims for
the said reasons. Consequently, based on the express intention of Mrs. Ordalyz Ortuño and
Mrs. Rangel Terán, communicated by their representatives, the Court will not rule on the
alleged violations to their detriment.
23
Cf. Case of Reverón Trujillo v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment
of June 30, 2009. Series C No. 197, para. 42, and Case of Cabrera García and Montiel Flores v. Mexico. Preliminary
objection, merits, reparations and costs. Judgment of November 26, 2010. Series C No. 220, para. 48.
15