conjunction with Article 1(1) of this instrument, which obliges the State to guarantee the
enjoyment of the rights.169
*
132. Regarding the representatives’ argument that the failure to comply with the
provisional measures represented a violation of the rights established in Articles 44 and
63(2) of the Convention, the Court observes that the State’s non-compliance with the
obligation to adopt the appropriate measures of protection to safeguard the life of the
beneficiaries of the precautionary and provisional measures became one of the factors that
resulted in the violation of those rights, which was analyzed above Article 4(1), in relation to
Article 1(1), of the Convention.
*
133. Lastly, with regard to the arguments of the Commission and the representatives
concerning the violation of the obligation to guarantee the right to life, to personal integrity
and to personal liberty (supra paras. 102), this Court considers that, the facts established in
the preceding paragraphs and in accordance with the provisions of Articles 1(1), 4(1), 5(1)
and 7(1) of the American Convention, gave rise to the State’s obligation to investigate the
detention, assaults, threats and death (supra paras. 62, 63, 73, 74, 92 and 109 to 115) of
the persons declared victims in this chapter (supra paras. 68, 79, 84, 85, 96 and 131). In
this regard, the assessment of compliance with the obligation to guarantee the right to life,
to personal integrity, and to personal liberty by an effective investigation of the events that
occurred will be made in Chapter X of this judgment.
VIII
RIGHTS TO PRIVACY AND TO PROPERTY
A. Arguments of the parties
134. The Commission affirmed that the house searches involving the theft of property and
the destruction of the homes of certain members of the Barrios family concerned issues
relating to the right to property, the right to family life and privacy, and the protection of
the home. The State has not justified the actions of the police agents who intervened in
those incidents. Consequently, Venezuela failed to comply with the obligation to respect and
ensure family and private life, and private property, and violated the rights embodied in
Articles 11 and 21 of the Convention, in relation to Article 1(1) thereof, to the detriment of
Brígida Oneyda Barrios, Justina Barrios, Elbira Barrios, Luis Alberto Barrios and his
companion Orismar Carolina Alzul García.
135. The representatives indicated that the entry of State agent into a home without legal
authorization or the consent of its inhabitants constitutes arbitrary and abusive interference
in the family home. In the instant case, the searches and, in some cases, the act of setting
fire to the houses and to the possessions were carried out by police agents: (a) without to
judicial warrant for the search and in the absence of a situation of flagrante delicto that
would have justified entry without a search warrant: (b) with the removal of possessions
that have not been returned subsequently and the retention of which has not been justified
by the authorities, and (c) with destruction of property, without any reason to explain or
justify this. Based on the foregoing, they concluded that the State had violated the rights to
169
Cf. Case of Valle Jaramillo et al., supra note 94, para. 104.
47
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos