190. The State rejected the accusations concerning the alleged violation of the rights to
judicial guarantees and judicial protection, indicating that investigations had been carried
out by the investigative bodies in all the cases taken up by the Prosecution Services, and
observing that, in most of them, there are final decisions, and that charges have even been
brought in two of them. The State argued that the fact that procedures proposed by the
victims have not been carried out “does not entail any irregularity, because the Public
Prosecution Service is empowered […] to carry them out or not […] and the petitioners must
indicate [their] pertinence as an essential requirement to process them, and this is not on
record in the file.” It also asserted that “in offenses for which a public action is in order […]
only [the Public Prosecution Service] is empowered to determine what measures should be
taken.” With regard to the alleged judicial delay, it indicated that there is no domestic law
establishing “a time frame for a prosecutor, after ordering the opening of an investigation,
to identify those responsible for the illegal act in question, [because it may] not be possible
to identify them.” There is only one provision that establishes six months for the issue of a
final decision when those responsible have been identified, according to article 313 of the
Code of Criminal Procedure.
191. The State reviewed the measures taken in the domestic sphere in relation to the
members of the Barrios family. It specified that, regarding the proceedings for the death of
Benito Antonio Barrios, the Prosecutor had charged four police officials with the crime of
complicity to commit voluntary manslaughter on April 17, 2007, and that the Ninth Court
had issued an arrest warrant against them, thus revoking the precautionary measures for
the accused. Regarding the proceedings for the death of Narciso Barrios, it indicated that
the trial was underway; it was at the public oral stage, at the phase of receiving evidence,
and three agents had been charged. Furthermore, with regard to the investigations related
to the death of Luis Alberto Barrios, the State indicated that it had not been able to
establish the participation of any police agent, and therefore the closing of the prosecution’s
case had been ordered. In the case of Rigoberto Barrios, on August 23, 2010, the
prosecution had proceeded to joinder the action on malpractice to the case of the injuries
suffered on January 9, 2005, following the re-opening of the investigation in which it had
been decided to close the prosecution’s case, owing to the appearance of new evidence, and
it was therefore in the investigation phase. In addition, regarding the death of Oscar José
Barrios, the State indicated that it had opened the criminal investigation upon being
informed of the facts and that this was at a preparatory stage.
C.
Facts
1. Investigation of the death of Benito Antonio Barrios
192. On August 28, 1998, the Technical Unit of the Judicial Police (hereinafter also “the
Judicial Police”) opened to preliminary inquiry into the death of Benito Antonio Barrios.232
That same day they conducted several procedures:233 On August 29, 1998, an autopsy was
Josefina Barrios, Luis Alberto Barrios, Orismar Carolina Alzul García, Ronis David Barrios Alzul, Roniel Alberto
Barrios Alzul, Luís Alberto Alzul, Lilia Ysabel Solorzano Barrios, Narciso Antonio Barrios, Junclis Esmil Rangel Teran,
Annarys Alexandra Barrios Rangel, Benito Antonio Barrios Rangel, Luisa del Carmen Barrios, Gustavo Ravelo, Jesús
Ravelo and Juan José Barrios (merits file, tome II, folios 288 to 290).
232
Cf. Note of the Judicial Police of August 28, 1998 (file of attachments to the Commission’s Report No.
11/10, tome I, attachment 1, folio 2918), and Note No. 9700-081-5843 of the Technical Unit of the Judicial Police
of the Aragua region, Villa de Cura Police Station of August 28, 1998 (file of attachments to the Commission’s
Report No. 11/10, tome I, attachment 1, folio 3017).
233
They performed the following: (a) visual inspection of the body and taking of fingerprints; (b) inspection of
police records of the incident; (c) inspection of the scene of the crime, where several cartridges and a knife were
62
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