In addition, the evidence on file reveals that, from the time he was admitted to the Hospital, Rigoberto Barrios received a series of treatments and that the doctor in charge of his case testified before the Prosecutor on two occasions. There is also a report on a criminal investigation into the care provided to the victim. The Commission stated that it had insufficient information to rule in this regard. The Court does not have sufficient evidence to determine the alleged negligence in the care received by Rigoberto Barrios. E. Obligation to prevent violations and to guarantee rights 1. Rights to life of Luis Alberto Barrios, Oscar José Barrios, Wilmer José Flores Barrios and Juan José Barrios, and to personal integrity of Néstor Caudi Barrios i. Arguments of the parties 98. The Commission indicated that, before his death on September 20, 2004, Luis Alberto Barrios had been subjected to acts of harassment and intimidation by security officials and was also the beneficiary of precautionary measures granted by the Commission, without the State having taken any measure in his favor. It stressed that the State should have protected him but failed to take reasonable measures of protection or to undertake a diligent investigation into what happened; instead, it closed the case. 99. Moreover, regarding the death threats proffered by the police against Nestor Caudi Barrios and Oscar José Barrios and the harassment of which they were victims from May 2004 to August 2005, even though they were still minors, the Commission considered that there is sufficient evidence to infer that the fear and anxiety they suffered seriously affected their mental and moral integrity. 100. Regarding the death of Oscar José Barrios, it underscored that the State had not provided information regarding this incident and has not made any observations on the information submitted by the petitioners in this regard. It found that this death could be considered part of the same context of persecution of the family, since the victim had been arrested and threatened by members of the police and was not provided with protection even though he was covered by provisional measures. 101. In addition, regarding Wilmer José Flores Barrios, Néstor Caudi Barrios and Juan José Barrios, the Commission indicated that they were threatened with death, and the latter even requested special protection in the context of the investigation into the extrajudicial execution of his brother Narciso Barrios. Nestor Caudi Barrios and Juan José Barrios had left Guanayén in search of a safe place. However, the attacks occurred precisely on the days they were visiting the area to which the State officials who had threatened then previously belonged. The State “has not taken concrete steps to deal with the source of general and specific risk from its own security agents. In this regard, even in 2010 and 2011, it was still possible that the threats made previously would be acted upon, particularly in the context in which the Barrios family had persisted in making public complaints and in their quest for justice. 102. Based on all the above, the Commission considered that there was sufficient evidence to allow it to infer the participation of State agents in the attempt on the life of Néstor Caudi Barrios, and in the death of Luis Alberto Barrios, Oscar Jose Barrios, Wilmer Jose Barrios and Juan José Barrios. In addition, it found that the State’s failure to comply with its obligation of protection had been proved. Consequently, the Commission concluded that Venezuela had failed to comply with the obligation to respect and ensure the right to life of Luis Alberto Barrios, Oscar Jose Barrios, Wilmer Jose Barrios and Juan José Barrios 37

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