34.
On June 30, 2005, ten individuals were working at the INAM-San Félix: the warden, three
guides, three social workers, a teacher, a tutor and a secretary. 54 However, at the time of the events—between
approximately 4:30 and 5:10 pm—the only staff present to look after the population of about 50 adolescents
were Nerio Romero, who served as Head of the Center (despite his rank of "Guide II")55; the guides Francisco
Gómez and José Luis Chirinos; and the social worker Brígida Hurtado. 56
35.
On the day of the events during lunchtime, there was a fight between Rafael Parra and the
other youths in cell No. 4 against Carlos Aguilera, nicknamed "the Boxer", from cell No. 2. 57 It is clear from the
case file that staff knew about this fight. On the morning of June 30, 2005, there were seven youths in cell No.
4; two of them, named Zabala and Lira, were released that afternoon, at approximately 4:30 pm, after the court
received their psychiatric evaluations. 58 The five deceased youths remained as residents of cell No. 4. 59
4.2
From Visiting Time
36.
On that day, the five alleged victims received visits from Maria de Molina, Belkis Rios, Elvia
Mota, Osmely Mota and Maritza Sánchez. 60 Osmely Mota said that at the end of the visit, when the teacher
Chirinos was taking Zabala and Lira to lead them to their relatives outside, 61 "we heard from the window of
that same room, that [Lira and Zabala] shouted boys take care in the corridors, because they are waiting for
you, that they are planning something, everyone in the visit got nervous".62 Faced with this situation, family
members advised them "not to fight, because if they had a fight, they would be taken to Ciudad Bolívar."63 The
acting Warden stated that "when they took [Lira and Zabala] out of the dormitories the other inmates made a
scandal and started a fight, saying the witches are leaving and the toads are leaving and while kicking the bars".
He added that he entered the Center to verify what was happening and after seeing that the situation "had
calmed down", he left again to the outside area. 64
37.
It is clear from the case file that the inmates of cell No. 7 attempted to assault those who
remained in cell No. 4. The guide Chirinos said that "at the end of visiting hours, when we were going to take
the youths from [No. 7], [...] they refused to enter [their dormitory] and ran off [...] because they wanted to fight
with the boys [of No. 4], we managed to control them and return them to [No. 7]."65 That is, in the hour before
the fire there were two assaults against the inmates of cell No. 4, coupled with the fight between Parra and "the
Boxer" hours before, all of which the staff of INAM -Saint Félix knew about.
38.
The family members informed guide Chirinos of their concerns, who told them to calm down
as everything was under control. The relatives stayed outside to watch the youths, who then shouted to them
that the teachers had put them in the cell without any trouble and that they were eating. 66 The teachers decided
to "take [the inmates for dinner] dormitory by dormitory, in view of the tense situation." 67 The social worker
Hurtado stayed after her leaving time at 4:00 pm "due to the ongoing situation" between the inmates of cells
No. 7 and 4. 68 The other four officials left the Center at 4:00 pm. 69
Annex 38. Personnel List of the INAM-San Félix and who was working on the day of the events. Annex F to the original petition.
Annex 38. Personnel List of the INAM-San Félix and who was working on the day of the events. Annex F to the original petition; see also
Annex 39. Terms of reference for postings at the Centers for Attention and Treatment. Annexes K1-K5 to the original petition.
56 Annex 38. Personnel List of the INAM-San Félix and who was working on the day of the events. Annex F to the original petition.
57 Annex 40. Statement of José Luis Chirinos (7.29.2005).Annex 27 to the additional brief; see also Annexes 42 and 43.
58 Annex 24. Statement of Yolaiza Boada (31.8.2005). Annex 14 to the additional brief.
59 See for example, Annex 13. Interview of Brígida Hurtado (8.7.2005). Annex 29 to the additional brief.
60 Annex 41. Log Book of the INAM-San Félix. Annex 44 to the additional brief.
61 Annex 40. Statement of José Luis Chirinos (7.29.2005). Annex 27 to the additional brief.
62 Annex 42. Interview of Osmely Mota (8.7.2005). Annex 25 to the additional brief.
63 Annex 42. Interview of Osmely Mota (8.7.2005). Annex 25 to the additional brief.
64 Annex 12. Statement of Nerio Romero (7.29.2005). Annex 28 to the additional brief; see also Annex 13.
65 Annex 40. Statement of José Luis Chirinos (7.29.2005). Annex 27 to the additional brief; see also Annexes 26 and 43.
66 Annex 42. Interview of Osmely Mota (8.7.2005). Annex 25 to the additional brief; see also. Annex 40.
67 Annex 26. Statement of Francisco Gómez (8.8.2005). Annex 31 to the additional brief.
68 Annex 42. Statement of Brígida Hurtado (7.29.2005). Annex 32 to the additional brief.
69 Annex 38. Personnel List of the INAM-San Félix and who was working on the day of the events. Annex F to the original petition.
54
55