classified the crimes as being connected, which meant that they did not exhaust those lines
of investigation, and there were numerous omissions that made the review and subsequent
forensic examinations to determine the circumstances of the death of the victim more
difficult; (c) the investigations into the death of Luis Alberto Barrios and of Rigoberto Barrios
confirmed that they had both been threatened by the police; nevertheless the individuals
who were indicated as the perpetrators were not investigated, and a line of investigation
that would have allowed their responsibility to be established or rejected was not followed;
(d) the case concerning the death of Rigoberto Barrios was closed a little more than a year
after the criminal investigation had been initiated, without any inquiries having been made
and with investigation procedures pending. They indicated that, regarding the death of
Narciso Barrios, they did not have the file of the investigation when they presented their
pleadings and motions brief. Regarding the investigations into the alleged malpractice to the
detriment of Rigoberto Barrios, the representatives indicated that they were conducted at
the request of his family and that, from September 2006 to 2007, the file passed through
various judicial offices without any other actions being recorded.
187.
With regard to the search of the homes, the representatives indicated that “violence
[was used to] destroy the victims’ possessions before stealing those that were taken from
the property, so that the incident should be classified as robbery and not petty theft as the
prosecutor had classified it erroneously”; among other matters, this resulted in the right of
action prescribing earlier. Regarding the alleged hearing held in October 2009, following
which the case was dismissed owing to the alleged victims’ failure to appear, they indicated
that they were never notified about it. In relation to the arrest and assault of Luisa del
Carmen Barrios, Gustavo José Ravelo, Jesús Ravelo, Elbira Barrios, Oscar José Barrios an
Jorge Antonio Barrios Ortuño, they indicated, among other shortcomings, that on two
occasions the investigations were erroneously added to other files, and that there is no
record in the judicial file that the Fourteenth Prosecutor responded to the requests of the
Twentieth Prosecutor. They concluded that there has been a procedural delay and an
“evident lack of due diligence in the investigations, even though the officials who
intercepted the vehicle had been identified from the outset.”
188. Regarding the detention of Rigoberto and Jorge Antonio Barrios they argued the
delay in opening the investigation into these facts and the inefficiency of it once it had
started. They referred to a series of deficiencies, such as the failure to notify the next of kin
about the hearing following which the case was dismissed because the right of action had
prescribed. They asserted that the facts “should be analyzed within a context of aggravated
vulnerability owing to the illegality of their detention and because they were minors,” and
that “the severity of these [facts] and the context of persecution against the family in which
they occurred determine that the State is responsible for the violation of Articles 6 and 8 of
the Convention against Torture to the detriment of [both of them]. Lastly, they also referred
to the failure to investigate the death threats against Néstor Caudi Barrios, despite the
numerous complaints filed, which entailed a total denial of access to justice.
189. Consequently, they asked that the State be declared responsible for violation of the
rights to judicial guarantees and to judicial protection established in Articles 8(1) and 25 of
the American Convention, in relation to Article 1(1) of this instrument, to the detriment of
the members of the Barrios family indicated in Table I on the identification of victims in the
pleadings and arguments brief.231
231
Pablo Julián Solórzano Barrios, Eloisa Barrios, Elbira Barrios, Darelbis Carolina Barrios, Oscar José Barrios,
Michael José Barrios Espinosa, Dinosca Alexandra Barrios Espinosa, Elvis Sarais Colorado Barrios, Cirilo Antonio
Colorado Barrios, Lorena del Valle Pugliese Barrios, Maritza Barrios, Rigoberto Barrios, Wilmer José Flores Barrios,
Génesis Andreina Navarro Barrios, Víctor Tomas Navarro Barrios, Heilin Alexandra Navarro Barrios, Néstor Caudi
Barrios, Dalila Ordalys Ortuño, Jorge Antonio Barrios Ortuño, Carlos Alberto Ortuño, Brígida Oneyda Barrios, Inés
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