members of the family remain. In addition, it emphasized that this context has caused them
to live “in a permanent state of distress, fear and anxiety in the face of the possibility that
[…] they may be the next target of violence”; and this has had effects on their usual daily
activities and their general life project, because many members of the family have spent the
last few years seeking protection and justice, and others have even had to make personal
and family decisions to protect their own safety and that of their children.
297. The representatives stated that “the suffering of the [Barrios] family is
immeasurable,” because the violation of the right to integrity of the next of kin was
perpetrated not only in relation to the effects on the members of the family as a whole but,
in some cases, they have been victimized twice, “by having suffered direct effects, in
addition to the pain that the loss of a family member may have caused them.”
298. Regarding the right to personal integrity of the next of kin of the victims who lost
their life, the representatives indicated that the impact caused by the deaths, the manner
and the violence of the executions, and the impunity in the investigations “have severely
affected all the next of kin, but especially the mothers, [wives] and sisters of the victims
who were executed,” who had to assume new roles and identities within the family group,
or decided to separate from it, experiencing pain and mental scars of all kinds. In addition,
they added that, as a result of the executions, “the absence of the father figure and the
brutal way in which the Barrios siblings were murdered caused great suffering to [their]
children,” who have experienced problems in their daily and academic life. Consequently,
the representatives asked the Court to declare the violation of Article 5 of the Convention, in
relation to Article 1(1) thereof, regarding all the “immediate family (mothers, fathers,
children and companions)” of the victims who were executed “owing to the loss of a loved
one in the conditions of extreme violence that characterize this case.”
299. In connection with the violation of the personal integrity of the Barrios family as a
whole, the representatives indicated that this is due to: the actions they have taken in their
search for justice and to combat impunity, without obtaining any response from the State
authorities; the threats, harassment and intimidation used against them to prevent them
from continuing their search for justice, and the “permanent anxiety and insecurity” in
which the members have lived. This has caused many of them to leave the village where
they lived and to move to other places “to protect their lives and integrity, completely
rupturing the harmony and stability of the family.” This has been “the most difficult aspect
to overcome, [because] it forced [two generations] to change their life project, to move
away from their land, to abandon their work […] and their schools.” All the foregoing
“entails the international responsibility of the State […], which gives rise to an evident
violation of Article 5 of the Convention” to the detriment of all the members of the Barrios
family.
300. The State did not present arguments on the violation of the right to personal
integrity of the next of kin of the victims or on the effects on the Barrios family as to whole.
However, on several occasions, Venezuela referred to the pending legal cases involving the
Barrios family in which, it acknowledged, “there have been judicial delays,” and to
compliance with the measures of protection ordered by the State and the Inter-American
Court for some of the members of the family. At the public hearing, the State asserted that
“it is clear […] that the Barrios family has suffered greatly because of what happened.”
B. Considerations of the Court
94
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