taken to the town’s health clinic and then by ambulance to the Camatagua Hospital, where
he was pronounced dead on arrival.131
114. On January 2, 2011, at around 8 p.m., Néstor Caudi Barrios was the victim of an
attempt on his life in the Las Casitas area of Guanayén.132 As a result of the attack, Nestor
Caudi Barrios “suffered motor disability [and required] several operations.”133
115. On May 28, 2011, Juan José Barrios was deprived of his life. His body was found in a
lake behind a Guanayén housing development, with two bullet wounds, one in his shoulder
and the other in his right leg.134
iii. Considerations of the Court
116. Regarding the obligation to guarantee rights, the Court reiterates that the State has
a legal obligation, “within reason, to prevent human rights violations and to use the means
at its disposal to conduct a serious investigation of any violations that may be committed
within its jurisdiction, in order to identify those responsible, to impose the appropriate
punishment, and to ensure adequate reparation to the victim.”135 The most important factor
is to discover “whether a specific violation […] has occurred with the support or the
tolerance of the public authorities, or whether the latter have allowed the act to take place
without taking measures to prevent it or to punish those responsible.”136 This obligation
requires the States take appropriate measures to protect and preserve the rights of all
those under its jurisdiction (positive obligation), in keeping with its obligation to ensure the
free and full exercise of those rights (supra para. 48).
117. Luis Alberto Barrios was a beneficiary of precautionary measures ordered by the
Commission. In addition, Oscar José Barrios, Wilmer José Flores Barrios and Juan José
Barrios were beneficiaries of provisional measures ordered by the Court.137 Nevertheless,
they were murdered on September 20, 2004, November 28, 2009, September 1, 2010, and
May 28, 2011, respectively. Néstor Caudi Barrios was also to beneficiary of provisional
measures138 when he suffered an attempt on his life on January 2, 2011.
118. In addition, Luis Alberto Barrios was present at the onset of the police operation that
resulted in the death of his brother, Benito Antonio Barrios, in 1998 (supra para. 62). His
home was searched by the police in November 2003, and he testified about these events to
the Scientific Investigation Unit (infra paras. 138 to 142). Furthermore, some of his family
131
Cf. Memorandum of the Office of the Prosecutor General of the Republic of August 9, 2011 (merits file,
tome V, folio 2422).
132
Cf. Memorandum on case No. 05F20-022-11 dated August 10, 2011 (merits file, tome VI, folio 2487).
133
Cf. Report of the Ombudsman’s Office: Case of the Barrios Family, dated August 17, 2011 (merits file,
tome VI, folio 2532).
134
Cf. Report of the Ombudsman’s Office of August 17, 2011, supra note 133, folio 2542.
135
Cf. Case of Velásquez Rodríguez, supra note 15, para. 174, and Case of González et al. (“Cotton Field”),
supra note 36, para. 236.
136
Cf. Case of Velásquez Rodríguez, supra note 15, para. 173, and Case of González et al. (“Cotton Field”),
supra note 36, para. 236.
137
Cf. Case of Eloisa Barrios et al. Provisional measures. Order of November 23, 2004, supra note 10, with
regard to Oscar José Barrios, Néstor Caudi Barrios, Juan José Barrios, and Case of Eloisa Barrios et al. Provisional
measures with regard to Venezuela. Order of the Inter-American Court of Human Rights of September 22, 2005,
with regard to Wilmer José Flores Barrios.
138
Cf. Case of Eloisa Barrios et al. Provisional measures. Order of November 23, 2004, supra note 10.
41
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