of Criminal Procedure” stated the following: that Fernando González came to the police
station
with a red 1976 Ford, model 350, [...] which was mentioned in the report […] and according to the
testimony taken later, it was agreed to leave the vehicle and detain the citizen at the order of the
Homicide Brigade in order to conduct the investigations involving the present event.32
36.
On that same day, with respect to Belkis, María Angélica and Fernando González,
the Homicide Brigade issued the following statement:
Inasmuch as this Delegation is conducting a summary investigation and that there is evidence that leads
to the presumption of the participation in (the death of Ms. [C.F.]), in the opinion of this Office it is
necessary to extend the preventive detention, under the terms of Article 45 of the Organic Law of Amparo
on Constitutional Rights and Guarantees, it is decided to maintain [the aforementioned persons]
preventively detained for a period not to exceed eight days, pursuant to the terms of Article 75 of the
Code of Criminal Procedure.33
37.
The Brigade issued a preventive detention “ticket” against Fernando González,
María Angélica González and Belkis Mirelis González34.
38.
On December 2, 1998, Fernando González and María Angélica González sent to
the First Court of the First Criminal Instance of Zulia (hereinafter the “First Court”)
communications in which they requested that, in the event of a “measure of deprivation
of liberty,” they be granted the “benefit of being prosecuted or be given provisional
liberty under bail.”35
39.
The Commission and the representatives pointed out that, on December 4, 1998,
the First Court held a hearing at which María Angélica, Belkis and Fernando González
explained the circumstances of their detentions and manifested that they did not
participate in the death of Ms. C.F.
40.
That same day, the First Court ordered a lineup for December 8, 1998.36 On that
day, B.M. participated in two lineups and identified María Angélica González and
Fernando González as responsible for the death of her mother. B.F. also participated in
a lineup and identified Fernando González. Finally, L.F. participated in two lineups and
identified Belkis, María Angélica and Fernando González.37
Police report of the Homicide Brigade of November 23, 1999 (evidence file, Annex 5 to the Merits
Report, f. 65). The representatives referred to the treatment received by Fernando González upon being
detained. These events are not contained in the factual framework of the case (infra para. 139) and, therefore,
will not be considered.
32
Decision of the Homicide Brigade of the TJP of November 23, 1998 (evidence file, Annex I to the final
written allegations of the State, f. 2902).
33
Cf. Detention “ticket” of the TJP, Homicide Brigade of November 23, 1998 (evidence file, Annex 5 of
the Merits Report, f. 66)
34
Communications of Fernando González and María Angélica González, of December 2, 1998, to the
First Judge of the First Criminal Instance of Zulia (evidence file, Annex 5 of the Merits Report, fs. 89 and 90).
35
Communication of the First Court of First Criminal Instance of Zulia of December 4, 1998 (evidence
file, Annex 5 of the Merits Report, fs. 89 and 90).
36
Report on the lineup of detainees of the First Court of the First Criminal Instance of Zulia of December
8, 1998 (evidence file, Annex 5 of the Merits Report, fs. 93 to 95).
37
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