5
11.
At the public hearing the Commission expressed its “profound disappointment” in the
evolvement of the hearing given the State’s lack of preparation and the useless information
presented. Additionally, it made reference to the failures in the implementation of the
protection measures by the State: partial and insufficient visits, absence of measures to
guarantee the return of the next of kin who were forced to move and the lack of
participation of all the beneficiaries in the meetings for the implementation of these
measures. Therefore, the Commission concluded that it is necessary to create a “form of
dialogue […] in the presence of state officials who have decision-making power” and it
demanded the implementation of measures for the effective protection of the life and
personal integrity of the beneficiaries, the participation of the beneficiaries in the design of
said measures, the investigation of the facts that resulted in the measures, and for the
State to inform on the status of compliance regarding the same.
12.
At the public hearing, the State acknowledged that there are problems in the
implementation of said measures, but it reiterated its willingness to comply with them.
However, it insisted that the implementation must be carried out in strict compliance with
the “Law for the protection of victims, witnesses, and other procedural subjects” of October
4, 2006.
C)
On the implementation of the permanent measures of protection necessary
to offer security to the homes
13.
At the hearing and through a brief filed on January 28, 2010, the representatives
stated that the permanent protection measures at the homes of Maritza Barrios, Juan
Barrios, and Orismar Carolina Alzul García “were not effectively implemented.” However
they agreed to lift these special measures in order to implement the provisional measures
“pursuant with the parameters […] stated [in their brief of January 28, and] with the
condition that the executors and supervisors be officials specialized in guarding and custody
of people.” Thus, the representatives handed over a list with the addresses of the members
of the Barrios family who reside in the State of Aragua, in order to achieve the best
implementation of the measures.
14.
At the public hearing the Commission reiterated the State’s deficiencies in the
implementation of the protection measures and demanded their implementation for the
effective protection of the life and personal integrity of the beneficiaries.
15.
At the public hearing, the State did not present updated information regarding the
state of compliance with said measures. However, it stated that the beneficiaries had not
collaborated enough, since they had not provided the correct home addresses or informed
of a change in the same to the state authorities, or they had refused to provide the address
of their homes, arguing fear and lack of trust in the police agents, and that, therefore the
State had not been able to comply with the measures, despite having the best intention of
doing so. Likewise, it stated that it was “impossible to coordinate and guarantee [the
protection of 28 homes]” and that, in that case, they would have to “place all the people at
a single location, or two […] or three,” or, if necessary, move them to out of Aragua and to
a distinct state. Finally, the State expressed its willingness to consider the proposals made
by the representatives and to continue its dialogue with them.