7
13.
According to the representatives, the State did not report on the effectiveness of
the measures that it is putting in place to comply with the court order, and has once
again submitted police documents and reports from the psychosocial area evidencing a
lack of coordination with the beneficiaries toward complying with the measures. They
added that the State has taken no action with regard to the impunity that prevails in the
human rights violations committed against members of the Barrios family. In particular,
they indicated that the authorities in charge of the investigation into the execution of
Oscar Barrios had not arrived at results that would allow for the identification, capture,
trial, and conviction of those allegedly responsible, for which reason this crime could
remain in impunity as has happened in the majority of the cases that have taken place to
the detriment of the members of his family.
14.
Likewise, the representatives made reference to the case of Víctor Daniel Cabrera
Barrios, who was deprived of liberty over the supposed seizure of 10 bundles of drugs
without any examination having been made to determine the type and purity of the
drugs. On June 22, 2010, the presiding judge ordered Mr. Cabrera Barrios released
during the preliminary hearing in the case, by virtue of the fact that the accusation
brought by the prosecutor lacked incriminating evidence that would allow for full charges
to be admitted. However, Víctor Daniel Cabrera Barrios remained under detention in the
Tocorón Judicial Jail until August 6, 2009. According to the representatives, the
authorities’ actions follow the same pattern that led to the deaths of the other members
of the Barrios family. They therefore requested that the protective measures to their
benefit be maintain and that the State be ordered to exclude the personal information of
that beneficiary from all police logs and the Directorate of Criminal Records. They added
that officials of the Victims Aid Unit of the Aragua State Judicial Circuit went to the
village of Guanayen in order to investigate the behavior of the members of the Barrios
family. According to them, this method of implementing the measures is not effective.
The State continues to argue in its reports that it has supposedly "carried out interviews
with neighbors in that area who asked not to be identified for fear of reprisals and who
consider it a fact that the members of the Barrios family got into trouble because they
participated in thefts."
15.
Finally, in consideration of the fact that the adversarial case of the Barrios family
is before the Court and that provisional measures serve a precautionary role in the interAmerican proceeding, representatives asked that the Court maintain them until the
conclusion of the trial before the Tribunal in order to avoid further damage to the
members of the family.
16.
In comments dated September 24, 2010, the Commission expressed that the
State reported on some of the investigations into the various facts that took place to the
detriment of the Barrios family, and more recently on the formation of the group made
up of employees of the psychosocial area of the Victims Aid Unit of the Aragua State
Judicial Circuit who went to the homes of Pablo Solórzano Barrios and Orismar Carolina
Azul García. However, it noted the lack of information from the State on these
provisional measures. The State limited itself to making incomplete reference to the
situation of Víctor Daniel Cabrera Barrios. In addition, it recalled that more than a year
ago, the State abstained from submitting detailed information on the protective
measures to the benefit of all the beneficiaries. The Commission found that the lack of
information makes it evident that the State has not complied with these provisional
measures. Finally, the Commission made several comments on information provided by
the State with regard to the measures to the benefit of Víctor Daniel Cabrera Barrios, as
well as with regard to the visits made to the homes of Pablo Solórzano Barrios and
Orismar Carolina Azul García.