family life and privacy and to property recognized in Articles 11(2) and 21 of the American
Convention to the detriment of Justina Barrios, Elbira Barrios, Luis Alberto Barrios and
Orismar Carolina Alzul García and Brígida Oneyda Barrios.
136. The State affirmed that “if the searches were conducted – a situation […] that has
not been proved – they could have been carried out without a judicial warrant in keeping
with the exceptions [established] in [the Venezuela Code of Criminal Procedure].”
B. Facts
137. On November 29, 2003, an incident occurred between Narciso Barrios and a police
agent in a bar where some members of the Barrios family worked, which resulted in the
apparent theft of the latter’s service weapon (supra para. 109).
138. During the night of the same day, members of the police170 searched the homes of
Brígida Oneyda Barrios,171 and of Luis Alberto Barrios and Orismar Carolina Alzul García.172
During these searches, some possessions of Brígida Oneyda Barrios, and of Luis Alberto
Barrios and Orismar Carolina Alzul García were destroyed and others removed from their
homes.173 In addition, the home of the last two individuals was set on fire.174
C. Considerations of the Court
170
Cf. Record of criminal investigation of the Forensic and Scientific Crime Investigation Unit of February 21,
2005 (file of attachments to the answering brief, tome II, attachment 10, folio 5120); Record of interview with
Wilmer Bravo Teran before the Office of the Prosecutor of the Republic on January 16, 2007 (file of attachments to
the answering brief, tome II, attachment 10, folio 5188); Note No. 035/07 of January 24, 2007, of the S.A.R.A.
and Operations Division, with a copy of the daily log of the San Francisco de Cara Police Station of November 29,
2003 (file of attachments to the answering brief, tome II, attachment 10, folio 5193); Police technical inspection
No. 1726 of November 30, 2003 (file of attachments to the answering brief, tome II, attachment 10, folios 5280 to
5282). See also, Record of interview with Eduleydis Pantoja Rodríguez by the Forensic and Scientific Crime
Investigation Unit on November 30, 2003 (file of attachments to the answering brief, tome II, attachment 10, folio
5290).
171
Cf. Complaint filed by Brígida Oneyda Barrios before the Fourteenth Prosecutor of the Public Prosecution
Service on December 2, 2003 (file of attachments to the answering brief, tome II, attachment 10, folios 5232 to
5234); Record of interview with Brígida Oneyda Barrios on February 28, 2005, supra note 120, folio 5252; Record
of interview with Brígida Oneyda Barrios by the Twentieth Prosecutor of the Public Prosecution Service on October
3, 2006 (file of attachments to the answering brief, tome II, attachment 10, folio 5168), and Affidavit made by
Brígida Oneyda Barrios on June 20, 2006 (merits file, tome III, folio 883).
172
Cf. Complaint filed by Luis Alberto Barrios on December 4, 2003 (file of attachments to the answering
brief, tome II, attachment 10, folios 5236 to 5237); Complaint filed by Orismar Carolina Alzul García before the
Fourteenth Prosecutor of the Public Prosecution Service on December 10, 2003 (file of attachments to the
answering brief, tome II, attachment 10, folio 5238); Interview with Orismar Carolina Alzul García by officials of
the Scientific Investigation Unit on February 21, 2005 (file of attachments to the answering brief, tome II,
attachment 10, folios 5113 and 5114); Record of criminal investigation of February 21, 2005 (file of attachments to
the answering brief, tome II, attachment 10, folio 5242), and Affidavit made by Orismar Carolina Alzul García on
June 21, 2011 (merits file, tome III, folio 911). See also, Complaint filed before the Senior Prosecutor of the Public
Prosecution Service on March 1, 2004, supra note 141, folios 3210 to 3214.
173
Cf. Complaint filed by Brígida Oneyda Barrios on December 2, 2003, supra note 171, folios 5232 to 5234;
Record of interview with Brígida Oneyda Barrios on February 28, 2005, supra note 120, folio 5252; Complaint filed
by Luis Alberto Barrios on December 4, 2003, supra note 172, folio 5236, and Complaint filed by Orismar Carolina
Alzul García on December 10, 2003, supra note 172, folio 5236.
174
Cf. Complaints and statements made by Orismar Carolina Alzul García and Luis Alberto Barrios, supra note
172. In addition, cf. Record of visit of the Children’s Ombudsman’s Office on December 9, 2003 (file of attachments
to the answering brief, tome II, attachment 10, folio 5239), and Police technical inspection No. 300 of February 21,
2005 (file of attachments to the answering brief, tome II, attachment 10, folios 5116 and 5117).
48
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