41.
On December 10, 1998, the First Court handed down an order of detention, in
which it indicated that “there were well-founded and multiple indicia that implicate”
Belkis, María Angélica and Fernando González in the commission of the crime of
intentional homicide, as set out in Article 407 of the Criminal Code. 38 The First Court
took into account, among other evidence, the statements of family members of Ms.
Fernández, as well as the recognition in the lineups. As a result, and under Article 182
of the CCP (infra para. 116), the First Court decreed the judicial detention of Belkis,
María Angélica and Fernando González and ordered that they be sent to the National
Penitentiary of Maracaibo (hereinafter the “National Penitentiary”), where they were not
separated from the convicted inmates.39
42.
On December 14, 1998, the legal representative of Fernando, Belkis and María
Angélica González requested that the First Court transfer them to the Center of Arrests
and Preventive Detention in El Marite (hereinafter the “El Marite Center”) and indicated:
From information received from persons close to the family of my clients, which has become public, those
affected by the death of [C.F.] have made death threats against my clients when they were in the National
Penitentiary of Maracaibo, for which reason I write in order to guarantee their physical integrity, I request
this Tribunal that they urgently be transferred to the jail of El Marite.40
43.
That same day, the First Court ordered the Director of the National Penitentiary
“to designate a place in the institution for Belkis Mirelis González, María Angélica
González and Fernando González, who are indigenous, to protect their personal security
and physical integrity.”41 On December 18, 1998, the First Court requested that the
Director report on whether the three alleged victims “have received threats or visits of
persons who had verbally threatened their physical integrity.”42 The Director informed
that Belkis and María Angélica “from the time of their entry […] were placed in a secure
section to guarantee their physical integrity.” He added that Fernando González “is in
Infirmary 111, Section Los Bonos.”43 At a later date, Belkis and María Angélica González
were placed in a solitary cell so that they would not have contact with their “enemies.”44
Resolution No. 916 of the First Court of the First Criminal Instance of Zulia of December 10, 1998
(evidence file, Annexes 2 and 5 of the Merits Report, fs. 30 to 35 and 102 to 103, respectively).
38
This was pointed out by the representatives and the Commission and not disputed by the State (infra
paras. 134, 135 and 137) In addition, it appears in the written and oral statements of María Angélica González
and Dan William Barliza González, respectively, before the Court.
39
Written statement of the accused of December 14, 1998 (evidence file, Annex 5 of the Merits Report,
f. 104). Arianny Josibel González González stated, in the same sense, that her family members had received
threats while deprived of their liberty (cf. Written statement of Arianny Josibel González González before the
Court).
40
41
Order of the First Court of December 14, 1998 (evidence file, Annex 5 of the Merits Report, f. 107).
42
Order of the First Court of December 14, 1998.
This was indicated by the Commision in its Merits Report and stems from an order of the penitentiary
authorities of July 7, 1999 (evidence file, Annex 5 of the Merits Report, f. 171). In the same document, the
authorities of the Maracaibo prison informed the First Judge that Belkis and María Angélica González had
“begun to have differences” with others in the section where they were being held and, therefore, the two
sisters were transferred to a solitary cell in order to “avoid greater problems.”
43
Belkis González stated that in the penitentiary, both in the areas for men and those for women, there
were “members” of the “gang of delinquents” that she associated with the M.F. family. She also stated that
she and her sister were threatened in the penitentiary “by messages that indicated that they were going to be
poisoned or were going to be collectively lynched” (cf. Written statement of Belkis Mirelis González González
before the Court). The precise date on which María Angélica González and Belkis González were transferred to
a solitary cell is not clear. They were transferred to the National Penitentiary after December 10, 1999 (supra
44
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