Therefore, although it was a question of petitions to avoid the deprivation of liberty, they
did not directly question the lawfulness. Therefore, it is not appropriate to analyze them
in relation to Article 7(6) of the Convention.141
128. Secondly, the appeals regarding the preventive deprivations of liberty, filed on
January 8 and March 5,1999, were based on a failure to comply with the provisions of
Article 182 of the CCP, namely, the allegation that there were insufficient elements of
guilt (supra paras. 45 and 57). On January 28 and April 21, 1999, the judicial authority
resolved those appeals after examining that argument and rejected the appeals with
respect to the four of the accused and revoked the deprivation of liberty of the other two
(supra paras. 46 and 58). The foregoing shows that the remedies of appeal were
effective inasmuch the judicial body examined the legality of the deprivations of liberty
based on the allegations of the accused and answered them effectively without an
excessive delay being shown or alleged. Therefore, there was not, with respect to those
remedies of appeal, an infringement of Article 7(6) of the Convention.
129. Finally, it is now necessary to analyze the requests for an alternate measure of
deprivation of liberty filed on August 2 and 16, 1999, that is, after the modification of
the criminal procedural order in Venezuela (supra paras. 59 and 61), on behalf of Wilmer
Antonio Barliza González, Fernando González, María Angélica González and Belkis Mirelis
González, and denied on the latter date (supra para. 61).
130. The facts show that the defense of the four persons requested their release with
the argument that there was no danger of flight nor of obstructing the proceedings. The
intervening judicial body, on August 16, 1999, rejected the defense’s petition, asserting
that those reasons did exist. However, it did not give the grounds for the assertion.
131. Bearing this in mind, it must be concluded that the judicial authority did not
adequately examine the allegations regarding the lack of evidence of a possible flight or
the obstruction of the investigations. This lack of adequate grounds implied a denial of
the right to appeal the detentions since that requires that the judicial authorities
adequately analyze the legality of the deprivation of liberty and the mere invocation of
a legal provision does not satisfy this requirement. The Court concludes that the victims
were not granted an effective remedy that would safeguard their right to personal liberty.
132. Therefore, regarding the request for an alternate measure of deprivation of liberty
presented on August 2, 1999, the Court holds that the State, to the detriment of Wilmer
Antonio Barliza González, Fernando González, María Angélica González and Belkis Mirelis
González, violated Article 7(6) of the Convention, in relation to Article 1(1) thereof.
B.4 Conclusion
133. Pursuant to the above, the Court declares that the State violated the right to
personal liberty, recognized in Article 7 (1) and (2) of the American Convention on
Human Rights, in relation to Article 1(1) thereof, as well as Article 7 (1) and (3) and the
right to judicial guarantees, with respect to the presumption of innocence, recognized in
Article 8(2) of the Convention, in relation to Articles 1(1) and 2 thereof, to the detriment
of Belkis González, María Angélica González, Fernando González, Wilmer Antonio Barliza
González, Luis Guillermo González and Olimpiades González. The State also violated the
It is to be noted, on the other hand, that the implication of the failure to consider such requirements
by the judicial authority was already examined in relation to Article 7(3) of the Convention (supra para.118).
141
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