are also references to the fact that this situation fostered a type of intimidation against the adolescents: "they were threatened that if they misbehaved the court would be informed and order their transfer to Ciudad Bolívar, and they were always intimidated [with the judge]," 44 as well as complaints from family members who paid bribes of 500,000 Bolívares a month to INAM officials not to transfer their adult children to the Vista Hermosa penitentiary, "because there they could be killed."45 3. Other relevant background 30. With regard to José Gregorio Mota Abarullo, the IACHR observes that in April 2005 an order of "assisted release and rules of conduct" was issued in his case, and that after an appeal, he was detained in order to conduct psychiatric testing, which was carried out on June 29, 2005, the day before the fire. 46 31. A public defender indicated that this case exemplified structural problems of noncompliance with the LOPNA, that is, the lack of specialized children’s courts and that Bolívar state’s appeals court decisions failed to comply with the law, such as the arrest warrant to return Mota to the INAM-San Félix. 47 The person in charge of the Center after the event maintained that the structural problems also have external causes such as "the judges in charge of minors and budgetary deficiencies."48 32. The Commission observes that there are several references in the case file that the events could have been a reprisal for complaints made previously by the young inmates. A judge stated that they called her from INAM-San Félix on June 23, 2005, because "Zabala, Correa, Herrera and Lira" insisted on speaking to her. She indicated that the youths complained to her "that there were [legal] representatives who, on Fridays [...] or Saturday evenings, partied with the duty teacher and then those parents took their children to their homes. On one occasion, one of the inmates was even taken some bottles of alcohol, [...] [and] that once the warden arrived drunk to carry out a search with people the inmates did not know." They also complained about the practice of granting early release to inmates in exchange for payments to teachers. 49 The judge stated that she and her team were investigating when the events took place eight days later. 50 33. The relatives complained to the authorities and to the media that the death of the youths had been a reprisal on account of these complaints,51 even claiming that the fire was a result of a plan previously agreed by the staff of the Center. 52 According to a press report, they argued that "they did everything so that the boys would die, because they complained about the widespread corruption and did nothing to save them. We know that they closed the doors to prevent anyone entering or leaving, and did absolutely nothing, because there was an opportunity to save them.” 53 4. The events of June 30, 2005 4.1 Before Visiting Hours Annex 24. Statement of Yolaiza Boada (31.8.2005). Annex 14 to the additional brief. Annex 27. El Guayanes, “Familiares de los muchachos quemados habrían pagado por mantenerlos en el Inam” (20.7.2005). Annex to the original petition. 46 Annex 28. Letter of Yolaiza Boada to Director of INAM-San Félix (20.4.2005). Annex E1 to the original petition; Annex 29. Minutes of the Hearing (21.4.2005). Annex E2 to the original petition; Annex 24. Statement of Yolaiza Boada (31.8.2005). Annex 14 to the additional brief. 47 Annex 11. Statement of Fanny Ricardo (5.8.2005). Annex 02 to the additional brief. 48 Annex 21. National Assembly (Press Release), “President of the Institution reported: Youths of INAM burned themselves” (10.8.2005). Annex U2 to the original petition. 49 Annex 24. Statement of Yolaiza Boada (31.8.2005). Annex 14 to the additional brief. See also Annex 30. Statement of Carlos Zabala (7.29.2005). Annex 37 to the additional brief; Annex 31. Statement of José Alberto Lira (7.29.2005). Annex 17 to the additional brief. 50 Id. See also Annex 30. 51 Annex 32. Nueva Prensa, “Familiares de calcinados en Inam claman justicia ante la Asamblea Nacional” (20.7.2005). Annex to the original petition; Annex 33. Letter of María Carolina Pulido, Deputy Defender, to Víctor Sevilla, Prosecutor (8.7.2005). Annex 16 to the additional brief. 52 Annex 34. Brief by Nelys Correa before the General Prosecutor of the Republic and others (15.9.2005). Annex T1 to the original petition; Annex 35. Brief by Elvia de Jesús Abarullo de Mota to the Palace of Miraflores (15.9.2005). Annex T2 to the original petition; see also Annex 36. Diario de Guayana, “Ministerio Público citó a implicados en incendio of the INAM” (9.5.2006). Annex to the original petition. 53 Annex 37. Correo del Caroní, “Fiscalía imputa por homicidio intencional a ex director del INAM” (9.5.2006). Annex to the original petition. 44 45

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