ballistic trajectory expansion was carried out.333 That day, the Prosecutor ordered that the proceedings be archived because: (a) it was uncertain and could not be proved that police agents on active duty had killed Luis Alberto Barrios, and (b) it was uncertain that this incident could be described as police harassment with intent to continue threatening the lives of members of the Barrios family, because the expert ballistic appraisal ordered could not be performed with any of the weapons, owing to the lack of evidence with the physical characteristics required for identification, and also there were no eyewitnesses to the incident. He also indicated that, although the companion of the deceased mentioned prior intimidating acts by to police, this would be an indictable offense only at the request of the party.334 7. Investigation of the attempt on the life of Rigoberto Barrios and his subsequent death 224. On January 13, 2005, the family's lawyer filed a complaint before the Senior Prosecutor and the Twentieth Prosecutor based on the events that took place on January 9 that year, indicating that the victim was in critical condition in the hospital with eight bullet wounds from shots fired by police officials.335 That same day, the Twentieth Prosecutor opened the investigation and requested that certain procedures be carried out;336 they included an interview with the victim with the authorization of his neurosurgeon who indicated that the patient “was overall in good medical condition [with a] high probability of a satisfactory evolution”; while the victim indicated that one of the authors was a police official he knew, and that he could recognize the other one, and connected what had happened to the complaint filed by Eloisa Barrios concerning the detention of Rigoberto Barrios the previous year.337 225. On January 17, 2005, the family’s lawyer advised the Prosecutor that, during surgery, three bullets had been removed from the victim that were lodged in his neck, and therefore asked for a ballistic comparison to be made.338 On January 19, 2005, the Hospital requested that an autopsy be performed on Rigoberto Barrios.339 The following day, the 333 Cf. Reports No. 9700-064-DC-2348.06 and No. 9700-064-DC-2524.06 of the Investigation Unit of May 18 and 25, 2006 (file of attachments to the answering brief, tome I, attachment 6, folios 4917 to 4918 and 4921 to 4925). 334 Cf. Conclusive decision of the Twentieth Prosecutor, supra note 321, folios 4946 to 4960. 335 Cf. Complaint filed by Luis Aguilera on January 13, 2005 (file of attachments to the Commission’s Report No. 11/10, attachments 1 to 5, tome II, folios 3536 and 3537). 336 Cf. Note No. 05-F20-0073-05 of the Twentieth Prosecutor of January 13, 2005 (file of attachments to the answer to the application, tome I, attachment 3, folio 4569), and Order to open an investigation of the Twentieth Prosecutor of January 13, 2005 (file of attachments to the answer to the application, tome I, attachment 3, folio 4570). The procedures indicated included: medical examination of the victim, also requiring that “the reports that are prepared in this regard include the exact details and characteristics of any injuries found,” cf. Note No. 05-F200072-04 of the Twentieth Prosecutor of January 13, 2005 (file of attachments to the answer to the application, tome I, attachment 3, folio 4573); the transmittal of the victim’s medical records and the bullets extracted from the victim, cf. Note No. 05-F20-0074-05 of the Twentieth Prosecutor of January 13, 2005 (file of attachments to the answer to the application, tome I, attachment 3, folios 4576 to 4613). In response to the order of the Prosecutor, the Investigation Unit opened the inquiry that same day, cf. record of proceedings of the Investigation Unit of January 13, 2005 (file of attachments to the answer to the application, tome I, attachment 3, folio 4612). 337 Cf. Record of interview with Rigoberto Barrios by the Twentieth Prosecutor on January 13, 2005 (file of attachments to the answering brief, tome I, attachment 3, folios 4574 and 4575). In addition, a medical report of the victim was forwarded to the Prosecutor, cf. Evolution report issued by the Maracay Central Hospital on January 13, 2005 (file of attachments to the answering brief, tome I, attachment 3, folio 4578). 338 Cf. Note No. CJP-005-05 of Luis Aguilera of January 17, 2005 (file of attachments to the answering brief, tome I, attachment 3, folio 4579). 339 Cf. Report of the Maracay Central Hospital of January 19, 2005 (file of attachments to the answering brief, tome I, attachment 6, folio 4611). 77

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