A. Introduction
36.
The instant case refers to alleged human rights violations against members of the
Barrio family, most of whom resided in Guanayén, Aragua state, Venezuela. In 1998, the
family consisted of Justina Barrios, her 12 children, their respective partners, and 22
grandchildren. Since then and to date, four sons and three grandsons of Justina Barrios
have been shot and killed in incidents that occurred in 1998, 2003, 2004, 2005, 2009, 2010
and 2011. In addition, in 2003, the homes of some of them were searched and their
personal property seized and destroyed; while other members of the family, including
children, have been detained, assaulted, and threatened on numerous occasions in 2004
and 2005. Several members of the family have left Guanayén and moved elsewhere.
37.
In order to examine the alleged international responsibility of the State of Venezuela
for the violation of the rights to life,26 personal integrity,27 personal liberty,28 and the rights
of the child,29 in relation to the obligation to respect and to guarantee those rights,30 the
Court will make some preliminary considerations on the alleged context in which the facts
occurred according to the Commission and the representatives. Then, it will summarize the
arguments of the parties, establish the facts it considers proven, and make the pertinent
considerations on: the obligation to respect the rights to life, and to personal integrity and
liberty, and the rights of the child in relation to the deaths, detentions, assaults and threats
against certain members of the Barrios family, as well as the State’s obligation to prevent
violations and to guarantee those rights, in relation to four deaths and one attempt on the
life of members of the family who were beneficiaries of measures of protection ordered by
the inter-American human rights system.
B. Context
26
Article 4(1) of the American Convention indicates that “[e]very person has the right to have his life
respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be
arbitrarily deprived of his life.”
27
The relevant part of Article 5 of the American Convention establishes that:
1. Every person has the right to have his physical, mental, and moral integrity respected.
2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All
persons deprived of their liberty shall be treated with respect for the inherent dignity of the human
person.
28
The relevant part of Article 7 of the American Convention indicated that:
1. Every person has the right to personal liberty and security.
2. No one shall be deprived of his physical liberty except for the reasons and under the conditions
established beforehand by the constitution of the State Party concerned or by a law established pursuant
thereto.
3. No one shall be subject to arbitrary arrest or imprisonment.
4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly
notified of the charge or charges against him.
5. Any person detained shall be brought promptly before a judge or other officer authorized by law to
exercise judicial power and shall be entitled to trial within a reasonable time or to be released without
prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his
appearance for trial.
29
Article 19 of the American Convention establishes that “[e]very minor child has the right to the measures of
protection required by his condition as a minor on the part of his family, society, and the State.”
30
Article 1(1) of the American Convention establishes that “[t]he States Parties to [t]his Convention
undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their
jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race,
color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any
other social condition.”
17