289. The Court observes that, in its Report on Merits, the Commission indicated that it did
not have sufficient evidence to rule on the investigations that had been conducted into the
death of Oscar José Barrios. In addition, the representatives referred to alleged
shortcomings in the initial phase of the investigation procedure, although they indicated that
some measures had been taken such as reports, autopsies and interviews. The State
indicated that it had taken investigative measures. The foregoing reveals that the
investigation into the death of Oscar José Barrios is underway and relates to a recent
incident; in this regard, the Court does not have sufficient evidence to rule on the alleged
violation of the rights to judicial guarantees and judicial protection. Similarly, the
investigations into the deaths of Wilmer José Flores Barrios and Juan José Barrios, and the
attempt on the life of Néstor Caudi Barrios, relate to recent cases regarding which this Court
does not have specific evidence to rule on this alleged violation.
H.
Right to the truth
1. Arguments of the representatives
290. The representatives stated that “[a]lthough [the right to the truth] is not explicitly
stated in the text of the [Convention], the protections established in Articles 1(1), 8, 13 and
25, taken as to whole, implicitly signify the existence of this right.” They asked the Court to
“establish that the Venezuelan State had violated the right of the members of the Barrios
family to know the truth about the acts perpetrated against them, […] by failing to provide
effective procedures and mechanisms to elucidate the truth of what occurred, and to
identify, prosecute and punish those responsible; also, to establish that these acts and
omissions of the State constituted a violation of the right to the truth, which is protected by
Articles 1(1), 8, 13 and 25 of the [Convention] taken as to whole.”
2.
Considerations of the Court
291. The Court recalls that the right to the truth is subsumed fundamentally in the right
of the victims or their next of kin to obtain from the competent State bodies clarification of
the acts that violated the Convention and the corresponding responsibilities, by the
investigation and prosecution established in Articles 8 and 25 of the Convention,376 which is
also to form a reparation.377 Consequently, in this case, the Court will not make an
additional ruling on the alleged violation of the right to the truth asserted by the
representatives.378
I.
General conclusion of the Court on judicial guarantees and protection
292. The Court observes that, even though investigations were opened in this case, it is
evident that the necessary steps were not taken to elucidate the facts. In addition, none of
them was able to identify and punish those responsible, and delays have been verified in
376
Cf. Case of Gómez Palomino v. Peru. Merits, reparations and costs. Judgment of November 22, 2005.
Series C No. 136, para. 78, and Case of Chitay Nech et al. v. Guatemala. Preliminary objections, merits,
reparations and costs. Judgment of May 25, 2010. Series C No. 212, para. 206.
377
Cf. Case of Velásquez Rodríguez, supra note 15, para. 181, and Case of Chitay Nech et al., supra note
376, para. 206.
378
In the case of Gomes Lund et al., the right to the truth was related to Article 13, because the Court
observed that, according to the facts involved in that case, the right to know the truth was related to an action filed
by the next of kin to obtain certain information related to access to justice, and to the right to seek and receive
information.
92
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