160. On June 19, 2005, the day after one of her sons, Oscar José Barrios, had allegedly
been intercepted by five armed men, Elbira Barrios and her minor children Oscar José
Barrios, Cirilo Antonio Colorado Barrios and Lorena del Valle Pugliese Barrios left Guanayén,
while her other two children, Darelbis Carolina Barrios and the minor Elvis Sarais Colorado
Barrios, had moved some months previously afraid of being murdered.199 While Oscar José
Barrios sometimes lived in the house of Eloisa Barrios in Cagua,200 the others lived with
their mother in Valencia.201
161. During the time the facts of this case took place, Eloisa Barrios and her direct family
also lived in Cagua.202 At the time, her family consisted of her minor children Víctor Daniel
Cabrera Barrios, Luilmari Carolina Guzmán Barrios and Luiseidys Yulianny Guzmán Barrios.
C. Considerations of the Court
1. Freedom of movement and residence
162. The Court has established on previous occasions that the right to freedom of
movement and residence is an essential condition for the free development of the
individual,203 and includes, inter alia, the right of those who are legally within a State to
move freely in it, as well as to choose their place of residence.204 The enjoyment of this
right does not depend on any particular purpose or reason on the part of the person who
wishes to move or remain in one place.205 This Court has indicated that freedom of
movement and residence can be violated by de facto restrictions, if the State has not
established the conditions or provided the means that allow it to be exercised.206 An
example of this occurs when someone is the victim of threats or harassment and the State
has not provided the necessary guarantees for them to be able to reside and to move freely
in the territory in question, even when the threats and harassment emanate from non-State
agents.207
163. In the instant case, the members of the Barrios family denounced threats, detentions
and searches of their homes on different occasions (supra Chapters VII and VIII). From
1998 until the delivery of this judgment, seven members of this family died in violent
199
Cf. Complaint filed before the Senior Prosecutor of the Public Prosecution Service on June 22, 2005, supra
note 123, folio 3770.
200
Cf. Affidavit of Víctor Daniel Cabrera Barrios, supra note 162, folio 924.
201
Cf. Affidavit of Elbira Barrios, supra note 192, folios 890 and 891, and Record of the special hearing of July
27, 2011, supra note 156, folio 2553.
202
Cf. Testimony of Eloisa Barrios during the public hearing, supra note 162, and Affidavit made by Víctor
Daniel Cabrera Barrios, supra note 162, folios 924 to 927.
203
Cf. Case of Ricardo Canese v. Paraguay. Merits, reparations and costs. Judgment of August 31, 2004.
Series C No. 111, para. 115; and Case of Manuel Cepada Vargas, supra note 151, para. 197.
204
Cf. Case of Ricardo Canese v. Paraguay, supra note 203, para. 115, and Case of Valle Jaramillo et al.,
supra note 94, para. 138.
205
Cf. Case of Ricardo Canese, supra note 203, para. 115, and Case of Manuel Cepada Vargas, supra note
151, para. 197.
206
Cf. Case of the Moiwana Community v. Suriname. Preliminary objections, merits, reparations and costs.
Judgment of June 15, 2005. Series C No. 124, paras. 119 and 120, and Case of Manuel Cepada Vargas, supra note
151, para. 197.
207
Cf. Case of Valle Jaramillo et al., supra note 94, para. 139, and Case of Manuel Cepada Vargas, supra note
151, para. 197
54
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos