by the State, who gave his expert opinion on the restructuring of the Venezuelan
Police, and
13) Roberto Briceño León, researcher and university professor, expert witness
required ex officio, who gave his expert opinion on the alleged problem of
extrajudicial executions in different parts of Venezuela; the supposed pattern and
modus operandi of this problem; the alleged incidence in Aragua state, and the
supposed response to this situation of the Public Prosecution Service and the
Judiciary.
14.
Regarding the evidence given during the public hearing, the Court received the
testimony of the following individuals:14
1)
Eloisa Barrios, alleged victim proposed by the representatives, who testified
on the alleged circumstances surrounding the death of her brothers and nephews, as
well as the alleged violations of which she was a victim and those supposedly
committed against her family; the actions taken to obtain justice and the response of
the State authorities; the alleged suffering that the alleged violations and their
impunity has caused her family; in particular, the alleged impact that the murder of
her next of kin and the constant threats have had on her personally, her family life,
and her life project; and also on the alleged illegal detentions of her son Víctor Daniel
Cabrera Barrios in June 2009;
2)
Néstor Castellano Molero, First Prosecutor of the Public Prosecution Service
before the Cassation and Constitutional Chambers of the Supreme Court of Justice,
witness proposed by the State, who testified on the State’s actions in relation to the
judicial inquiries and proceedings in which the alleged victims in this case appeared
as the aggrieved parties, and
3)
Magaly Mercedes Vázquez González, lawyer, specialist in criminal science and
criminology, expert witness proposed by the representatives, who gave her opinion
on the law regulating criminal procedure in Venezuela at the time of the facts and
the law currently in force in relation to the State’s role as guarantor of the rights to
life, personal integrity and personal liberty; due diligence in the criminal proceedings
in the cases involving the Barrios family, particularly the alleged factual and legal
obstacles encountered throughout the investigations; the Forensic Unit of the Public
Prosecution Service, the competence of the Forensic and Scientific Crime
Investigation Unit (hereinafter “Scientific Investigation Unit” or “Investigation Unit”)
to analyze the investigations, and the application of the witness protection law in
Venezuela.
B. Admission of the documentary evidence
15.
In this case, as in others, the Court accepts those documents forwarded by the
parties at the appropriate procedural opportunity, as well as those relating to supervening
facts forwarded by the representatives and by the Inter-American Commission, which were
not contested or opposed, and the authenticity of which was not questioned.15
14
On June 16, 2011, the Commission advised that expert witness Manfred Nowak, convened to give his
expert opinion during the hearing, could not attend it and asked to replace him (merits file, tome III, folio 819).
The President of the Court considered the Commission's request inadmissible (merits file, tome III, folio 839).
15
Cf. Case of Velásquez Rodríguez. Merits. Judgment of July 29, 1988. Series C No. 1, para. 140, and Case
of Barbani Duarte et al., supra note 12, para. 21.
11