112. In the cases of Belkis González, María Angélica González and Fernando González,
the intervening police also referred to Article 71 of the CCP. That provision, as has
already been mentioned (supra para. 31), empowered the “seizure” of persons within
the framework of “summary” actions leading to “the discovery” of the perpetrator of […]
punishable actions.” Notwithstanding the interpretation and determination of the scope
of the article, the Court observes that, in any case, Article 60 of the Constitution of
Venezuela in force at the moment of the events required that the detentions ordered by
the police occur in cases of “necessity and urgency” and when they are “essential” to
investigate a punishable act. The actions of the police that account for the detention of
Fernando González do not appear to demonstrate that those requirements were
complied with.133
113. Therefore, the Court concludes that the initial acts of detention of Belkis González,
María Angélica González, Fernando González, Wilmer Antonio Barliza González, Luis
Guillermo González and Olimpiades González were unlawful. The State, to their
detriment, violated Article 7(1) and (2) of the Convention, in relation to Article 1(1)
thereof.
B.2 Preventive deprivations of liberty
114. In view of the foregoing, (supra paras. 98 to 100), in order that a measure of the
preventive deprivation of liberty not be arbitrary and that it be compatible with Article
7(3) of the Convention, it must observe several conditions: that it is substantiated not
only on indicia of criminal responsibility, but it is also justified by legitimate purposes
compatible with the treaty; that it seek that the accused will not obstruct the proceedings
nor evade justice. The measure must also, among other conditions, be subject to periodic
review.
115. After the police ordered the deprivations of liberty of Fernando González, María
Angélica González and Belkis González on November 23, 1998, the first two filed before
the judicial authority on December 2, 1998 a request that alternative measures of the
deprivation of liberty be ordered in their favor. Then, on January 29, 1999 the police
ordered the deprivation of liberty of Luis Guillermo González, Wilmer Antonio Barliza and
Olimpiades González, and they, on February 5, 1999, requested the judicial authority
that they be granted alternative measures. The judicial body confirmed, on December
10, 1998 and February 12, 1999, the deprivation of liberty of Belkis González, María
Angélica González and Fernando González, in the first case, and of Luis Guillermo
González, Wilmer Antonio Barliza and Olimpiades González, in the second. In both cases,
the decision was taken in the belief that there were “indicia that showed the criminal
responsibility” of those persons, and on the basis of the provisions of Article 182 of the
CCP.
116. The relevant parts of Article 182, in force at the time of the events, indicated
that: “provided that it is fully proved that there has been committed a punishable act
State also referred to Article 46 of the Law of Amparo. In view of the conclusion on the illegality of the
detentions, it is not necessary to examine whether those articles were observed.
In view of this conclusion, it is not necessary to analyze whether Article 75 of the former Procedural
Code, indicated by the intervening authorities in their actions relating to the detention, was obeyed (supra
paras. 31 and 35). Nor is it necessary to analyze compliance of Article 46 of the Law of Amparo, mentioned
by the State (supra paras. 30 and 89).
133
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