258. Furthermore, no forensic medical examination was performed on one of the victims;
also, there is no record that any measures were taken to determine whether one of the
police agents identified as being involved in the incident, who was the son of the person in
possession of the vehicle examined, was implicated in the facts. In addition, the case was
dismissed owing to the prescription of the offense of minor injuries, without taking into
account that other possible offenses had been committed, since the victims had complained
that they had been deprived of their liberty arbitrarily, transferred to different places,
beaten by several authorities, had shots fired near them, and had been threatened with
death. Also, expert witness Vazquez indicated before the Court that, in cases such as this
one, “the Public Prosecution Service, as leader of the investigation, is empowered to order
the suspension of proceedings, which would have prevented the prescription of the criminal
act […] and, consequently, would also have avoided impunity.”
259. The Court considers that the State organs in charge of the investigation of the
complaint of torture, and illegal and arbitrary deprivation of liberty of the minors committed
by police officials, the purpose of which was to determine the facts, identify those
responsible, and their possible punishment, must perform their tasks diligently and
thoroughly. The personal characteristics of the victims, who were minors at the time of the
events, and the juridical rights investigated, called for the necessary measures to be taken
to achieve this objective. Negligent or omissive actions of the State organs are incompatible
with the obligations arising from the Convention.
260. Consequently, the Inter-American Court concludes that the authorities did not act
with due diligence in investigating the deprivation of liberty, violence, threats and torture
suffered by the minors Rigoberto Barrios and Jorge Antonio Barrios Ortuño. Therefore, the
State violated the right to judicial guarantees and to judicial protection established in
Articles 8(1) and 25(1) of the American Convention, in relation to Article 1(1) thereof, and
failed to comply with Articles 6 and 8 of the Inter-American Convention to Prevent and
Punish Torture in relation to the obligation to investigate the alleged acts of torture to the
detriment of Rigoberto Barrios and Jorge Antonio Barrios Ortuño.
5. Investigation of the deprivation of liberty of Luisa del Carmen Barrios,
Gustavo Ravelo, Jesús Ravelo, Elbira Barrios, Oscar José Barrios and Jorge
Antonio Barrios Ortuño, and the threats and injuries they suffered
261. Initially a complaint was filed before the Fourteenth Prosecutor on June 28, 2004;
despite this, the Twentieth Prosecutor also ordered the opening of the investigations on July
23, 2004, following a newspaper article about the incident. Although the latter ordered that
certain measures be taken and asked the former, almost a year after the complaint, to
advise whether he was taking measures with regard to the same facts, there is no record in
the case file that the Fourteenth Prosecutor provided the collaboration requested by the
Twentieth Prosecutor.
262. During this investigation, several measures were omitted that have been referred to
previously (supra para. 234). Despite this, the Prosecutor ordered the dismissal of the case,
even though there is no record that any steps had been taken to implement the pending
procedures he had ordered. In this regard, expert witness Vázquez stated before the Court
that the Public Prosecution Service is “obliged to have the result of each and every
procedure ordered in order to be able to submit a conclusive decision.” In addition, there is
no record that coercive measures or sanctions were adopted against the authorities who
failed to collaborate in the preliminary investigation of the case. In this regard, in July 2004,
the Prosecutor asked the Internal Affairs Directorate of the Police to open an administrative
inquiry against the police agents; however, there is no record that this was done.
86
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