That cell did not have adequate conditions, as will be subsequently shown (infra para. 151). 44. On December 21, 1998, the First Court ordered that Fernando González be transferred to the El Marite Center. 45 Belkis and María Angélica González remained in the National Penitentiary. 45. On January 8, 1999, María Angélica González, Belkis González and Fernando González appeared before the First Court and gave a preliminary statement in which they confirmed their previous statements. At the same time, they filed an appeal of the order of detention of December 10, 1998, alleging that it did not comply with Article 182 of the CCP, which requires the “existence of several indicia of guilt of the crime.”46 46. On January 28, 1999, the Fourth Superior Criminal Court confirmed the decision of the First Court. The Superior Court based its decisions on the conclusions of the First Court and stressed that that evidence showed that “there were sufficient indicia of the guilt of the accused.”47 C.2 Deprivation of liberty of Wilmer Antonio Barliza González, Luis Guillermo González and Olimpiades González 47. On January 28, 1999, Wilmer Antonio Barliza González, Luis Guillermo González and Olimpiades González were also detained.48 48. The Commission, in its Merits Report, pointed out that the police report stated that three persons were detained because they were involved in an “exchange of shots,” which was reported to the police by Olimpiades González. According to Merits Report, when the police arrived at the scene, L.F., daughter of C F., told the police that it was Wilmer Antonio Barliza González and Luis Guillermo González who began to shoot.49 In para. 41). The representatives stated that on May 31, 1999, or after that date, they were placed in a solitary cell. However, Belkis González stated that she and her sister, when “they were taken to the women’s annex of the jail,” they were there for one day because their presence caused “a disturbance due to the repudiation of those there toward them.” She noted that they were then transferred to another section where they remained for one month and that they were later “isolated” in a punishment cell with a woman who had been convicted.” (Cf. Written declaration of Belkis Mirelis González González before the Court.) Cf. Decision No. 931 of the First Court of December 21, 1998 (evidence file, Annex 5 of the Merits Report, f. 115). 45 Minutes of the statement of the First Court of January 8, 1999 (evidence file, Annex 5 of the Merits Report, f. 117). 46 Decision No.110 of the Superior Criminal Court of Zulia of January 28, 1999 (evidence file, Annex 7 of the Merits Report, fs. 119 and 120). 47 Communication OGP.DIP-Nro. 1174, sent January 29, 1999 by the Intelligence Division of the Police of Zulia to the Head of the TJP (evidence file, Annex 5 of the Merits Report, f. 121). 48 The Commission pointed out that the statements are in a police report of January 28, 1999 and are included on page 132 of Annex 5 of the Merits Report. That page indicates that there is, in effect, a police document but that it is dated January 29, 1999 and it records the detentions of Wilmer Antonio Barliza González, Luis Guillermo González González and Olimpiades González, but not the aforementioned circumstances. It indicates the “referring” to the Head of the TJP of the three “detainees” and the “two firearms and a toy pistol” (infra, para. 49). The representatives, in their brief with petitions and motions, noted the detention of the three persons indicated in the terms outlined by the Commission and referred to the same document. The State, for its part, neither accepted nor expressly rejected the claims of the Commission and 49 14

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