that Wilmer Barliza González was detained for a period of close to eight months, and
that Luis Guillermo González and Olimipiades Gonzalez were in the same situation for
approximately three months.
D) The request for compensation
65.
On the basis of the brief of May 24, 2001, filed with the Second Trial Tribunal of
the Criminal Judicial Circuit of Zulia by María Angélica González, Wilmer Barliza González
and Belkis González, they, as well Fernando González, requested compensation, alleging
that they suffered an arbitrary deprivation of liberty during their criminal proceedings.74
66.
On August 24, 2001, the Second Trial Tribunal decided in favor of those four
persons, ordering that the Office of the General Prosecutor pay a monetary sum, the
calculation of which would take into account the days of deprivation of liberty.75
67.
On October 29, 2001, the Office of the General Prosecutor appealed the decision,
alleging that the Tribunal made an erroneous interpretation of the law and that the Public
Ministry is not responsible for presumed judicial errors.76 On November 26, 2001, the
Third Chamber of the Court of Appeals annulled the decision of the Second Tribunal,
holding that it had erroneously interpreted the procedural norms on “compensation,
reparation and restitution.”77 The Court of Appeals ordered “the absolute nullification of
the proceedings and the appealed decision.”
68.
On June 13, 2002, the Chamber of Criminal Cassation of the Supreme Tribunal
of Justice declared inadmissible an appeal of cassation presented by the presumed
victims.78
69.
On May 29, 2003, María Angélica González, Wilmer Barliza González, Belkis
González and Fernando González filed an extraordinary appeal of review against the
decision of November 26, 2001, which was declared without grounds on July 30, 2003.79
70.
According to the Commission and the representatives, on January 21, 2004, María
Angélica González, Wilmer Barliza González, Belkis González and Fernando González
requested that the Chamber of Criminal Cassation interpret several articles of the COPP
relating to the clauses on compensation when: i) there is a judgment that absolves the
accused and ii) an individual has suffered the deprivation of liberty during the
proceedings and his or her participation in the act was not proved. The Commission and
Cf. Decision No.024-01 of the Second Trial Tribunal of the Criminal Judicial Circuit of Zulia, of August
24, 2001 (evidence file, Annex 12.1 of the Merits Report, fs. 289 to 300).
74
Cf. Decision No.024-01 of the Second Trial Tribunal of the Criminal Judicial Circuit of Zulia, of August
24, 2001 (evidence file, Annex 12.1 of the Merits Report, fs. 289 to 300).
75
Cf. Decision No. 440 of the Third Chamber of the Court of Appeals of the Criminal Judicial Circuit of
Zulia of November 26, 2001 (evidence file, Annex 12.2 of the Merits Report, fs. 302 to 313).
76
Cf. Decision No. 440 of the Third Chamber of the Court of Appeals of the Criminal Judicial Circuit of
Zulia of November 26, 2001 (evidence file, Annex 12.2 of the Merits Report, fs. 302 to 313).
77
Cf. Decision of the Chamber of Criminal Cassation of June 13, 2002 (evidence file, Annex 13.1 of the
Merits Report, fs. 315 to 317).
78
Cf. Decision of the Constitutional Chamber of the Supreme Tribunal of Justice of July 30, 2003
(evidence file, Annex 13.1 of the Merits Report, fs. 319 to 322).
79
19