193. On June 16, 2004, Eloisa Barrios filed an application for amparo [constitutional protection] against the Senior Prosecutor for procedural delay, violation of due process and denial of justice.239 On June 26, 2005, the family lawyer submitted a brief to “rectify the omissions in the [application] for [amparo],” indicating that the case file appeared to have been mislaid and that the Senior Prosecutor would not accept responsibility for its whereabouts.240 In addition, on August 29, 2005, the family lawyer informed the Ombudsman that the case file “has apparently been mislaid [in the office of the Senior Prosecutor of Aragua state, and that,] at that […] date, [the said office] had not responded with regard to the presumed mislaying of the file.”241 194. On June 2, 1005, Eloisa Barrios asked the Office of the Prosecutor General of the Republic (hereinafter “the Prosecutor General’s Office”) to ensure procedural promptness in the case.242 On July 14, this Office advised her that “[t]he Directorate for the Protection of Fundamental Rights was taking the necessary steps to locate the said case file and to obtain sufficient input, which will contribute to undertaking the actions required to achieve the said objective.”243 On November 1, 2005, the Prosecutor for the Transitory Procedural Regime of of proceedings, emitted by the Urdaneta Court, Judicial District of Aragua state of June 21, 1999 (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folio 3083). 238 Cf. Record of transfer of file from the Urdaneta Court on July 28, 1999, to the Second Court of the Transitional Procedural Regime of the Criminal Judicial Circuit of Aragua state (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folio 3085); Record of transfer of file from the Second Court of the Transitional Procedural Regime of the Criminal Judicial Circuit of Aragua on April 28, 2000 (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folio 3087). 239 Cf. Application for amparo filed by Eloisa Barrios before the Review Judge of the Criminal Judicial Circuit of Aragua state of June 16, 2004 (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folios 2944 to 2953). 240 Cf. Brief correcting the omissions in the application for amparo of June 26, 2005 (file of attachments to the Commission’s Report No. 11/10, attachments 1 to 5, tome I, folios 2967 and 2968). On July 1, 2005, the Fifth Trial Court of the Criminal Judicial Circuit of Aragua state (hereinafter “the Fifth Court”) declared the application for amparo inadmissible; this decision was appealed by Eloisa Barrios on July 11, 2005. On August 26, 2005, the Court of Appeal declared the decision of July 1, 2005, null and void and ordered a Trial Court of the Criminal Judicial Circuit of Aragua state to re-verify the admissibility of the application for amparo. On October 13, 2005, the Sixth Trial Court of the Criminal Judicial Circuit (hereinafter “the Sixth Court”) declared the application for constitutional protection (amparo) admissible and convened a “constitutional hearing.” Cf. Decision of the Court of Appeal of the Criminal Judicial Circuit of Aragua state of August 26, 2005 (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folios 2955 to 2957 and 2963); Decision of the Court of Appeal of August 26, 2005 (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folios 2955 and 2961); Appeal filed by Eloísa Barrios on July 11, 2005 (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folios 2970 to 2975), and Decision of the Sixth Court of October 13, 2005 (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folio 3183). 241 Cf. Communication of Luís Aguilera of August 29, 2005 (file of attachments to Report 11/10 of the Commission, tome I, attachments 1 to 5, folio 3093). 242 Cf. Communication of the Office of the Prosecutor General of the Republic of June 30, 2005 (file of attachments to the Report 11/10 of the Commission, tome I, attachments 1 to 5, folio 3093). In addition, Eloisa Barrios sent communications to the Ombudsman, the Prosecutor General, the Minister of the Interior and the Minister of Justice, the Human Rights Committee of the National Assembly, and the Vice President and the President of the Republic in June and July 2005, in which, among other matters, she denounce the absence of procedural activity on the part of the prosecution in the case of the death of her brother, requesting the collaboration of the authorities to promote the investigation of the case and to clarify what happened. Cf. Communications of Eloisa Barrios addressed to the Ombudsman, the Prosecutor General, the Minister of the Interior and the Minister of Justice, the Human Rights Committee of the National Assembly, and the Vice President and the President of the Bolivarian Republic of Venezuela of June 2 and July 6, 2005 (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folios 3185 to 3207). 243 Cf. Note No. DPDF-14-PRO-179-9977-05 of the Office of the Prosecutor General of the Republic of July 14, 2005 (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folio 3091). 64