Oscar José Barrios and Jorge Antonio Barrios Ortuño in his vehicle, first to the Camatagua
Police Station and then to the Barbacoas Police Station.85 Jesús Ravelo, Gustavo Ravelo,
Elbira Barrios and Luisa del Carmen Barrios were released.86 During their detention, the
minors Jorge Antonio and Oscar José Barrios were threatened with death and assaulted by
the police officers;87 they remained deprived of liberty until June 21, 2004.88
iii.
Considerations of the Court
75.
For the effects of Article 7 of the Convention, the Court has considered that any
detention, whether for a short period or a “delay,” constitutes deprivation of the physical
liberty of the individual and, therefore, any restriction of physical liberty must adhere
strictly to the relevant provisions of the American Convention, as well as of domestic law
provided this is compatible with the Convention.89 Hence, this Court must verify the criteria
for deprivation of liberty under Venezuelan law in order to establish whether the detention
was in keeping with the Convention.
76.
The 1999 Venezuelan Constitution establishes the right to personal liberty in the
following provisions:90
Article 44 - Personal liberty is inviolable, consequently:
1. No one can be arrested or detained except by virtue of a court order, unless they are caught in
flagrante delicto. In that case, they shall be brought before a judicial authority within 48 hours of the
arrest. They shall remain free during a trial, except for reasons determined by law and assessed by
the judge on a case-by-case basis. […]
2. Anyone who has been arrested has the right to communicate immediately with members of their
family, a lawyer or any other person of confidence and they, in turn, have the right to be informed of
where the detainee is being held, to be notified immediately of the reasons for the arrest, and for a
written record to be placed in the case file on the physical or mental condition of the detainee, either
by them, or with the aid of experts. The competent authorities shall keep a public record of every
arrest made, which includes the identity of the person arrested, the place, time and circumstances,
and the officials who made the arrest.
[…]
85
Cf. Complaint filed before the Public Prosecution Service on June 28, 2004, supra note 79, folio 3430;
Record of interview with Elbira Barrios on February 22, 2005, supra note 80, folio 3444; Record of interview with
Jesús Ravelo on February 24, 2005, supra note 79, folio 3452; Record of interview with Luisa del Carmen Barrios
on February 23, 2005, supra note 80, folio 3448, and Record of interview with Gustavo Ravelo on February 23,
2005, supra note 79, folio 3439.
86
Cf. Record of interview with Jesús Ravelo by the Twentieth Prosecutor of the Judicial Circuit of Aragua
state on August 10, 2004 (file of attachments to the Commission’s Report No. 11/10, tome II, attachment 6, folio
3471), and Complaint filed before the Public Prosecution Service on June 28, 2004.
87
Cf. Record of interview with Oscar José Barrios by the Forensic and Scientific Crime Investigation Unit on
February 22, 2005 (file of attachments to the Commission’s Report No. 11/10, tome II, attachment 6, folio 3457)
and Complaint filed before the Public Prosecution Service on June 28, 2004, supra note *79, folio 3432.
88
Cf. Record of interview with Luisa del Carmen Barrios on February 23, 2005, supra note 80, folio 3448;
Record of interview with Oscar José Barrios on February 22, 2005, supra note 87, folio 3457; Record of interview
with Elbira Barrios by the Twentieth Prosecutor of the Judicial Circuit of Aragua state on August 9, 2004 (file of
attachments to the Commission’s Report No. 11/10, tome II, attachment 6, folio 3461). See also Complaint filed
before the Public Prosecution Service on June 28, 2004, supra note 79, folio 3432.
89
Cf. Case of Torres Millacura et al., supra note 41, para. 76.
90
Cf. Constitution of the Bolivarian Republic of Venezuela in force at the time of the facts, published in
Special Official Gazette No. 5,453. Caracas, March 24, 2000. Available at: http://www.tsj.gov.ve/legislacion/
constitucion1999.htm.
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