9
satisfied -regarding this section of the petition- as from July 30, 2003, the date on which the
reconsideration appeal was declared groundless.
b.
Regarding the Preventive Detention of Olimpíades Gonzáles and Luís Guillermo
Gonzáles
44.
The Commission observes that Olimpíades and Luís Guillermo Gonzáles were held
in preventive detention from January 29, 1999, until April 21, 1999, the date on which the appeal
action against the detention warrant was decided, determining that there was no "various, wellfounded, serious and consistent evidence of guilt" implicating their criminal responsibility.
45.
The Commission observes that the domestic appeal lodged to impugn the detention
had the effect of a declaration of nullity and set the alleged victims free. In this sense, having
restored the enjoyment of the right to liberty several years prior to the filing of the petition under
analysis, the Commission understands that the purpose of the claim is compensation for the harm
suffered during the time of the deprivation of liberty.
46.
The Commission notes that Olimpíades and Luís Guillermo Gonzáles were not party
of the remedies invoked by Belkis Mirelis, Fernando and María Angélica Gonzáles and Wilmer
Antonio Barliza Gonzáles, in their search for reparations for the deprivation of liberty they suffered.
Similarly, it is not evident from the claim that Olimpíades and Luís Guillermo Gonzáles had
individually lodged any remedy aimed at obtaining compensation for their time in detention.
47.
In this sense, the Commission considers that in relation to the compensation for the
preventive detention of these individuals, the requirement of the prior exhaustion of domestic
remedies is not satisfied, and so proceeds to declare that this section of the petition is inadmissible.
In view of the above, the Commission abstains from examining the other requirements for
admissibility in relation to these facts.
c.
In Relation to Olimpíades Gonzáles' Death
48.
On September 19, 2001, Olimpíades Gonzáles was attacked and shot at three times
when he was on his way to the Prosecutor's Office to request a response to the compensation claim,
and therefore requested protection from the authorities. This was ordered by an Enforcement Court
of the State of Zulia, and an investigation began which was later archived. The investigation was
later reopened at the request of the alleged victim and in June 2004, precautionary measures of
periodical reporting before the judge were ordered against the attacker. On December 11, 2006,
Olimpíades Gonzáles was shot three times and killed. As a result, the same day, a criminal
investigation was ordered to be opened against Hilario Segundo Hernández, which is still pending
before the Public Prosecutor. Olimpíades Gonzáles' death occurred on December 11, 2006,
subsequent to the attack on his life, which formed the basis of the request for protection from the
State.
49.
The Commission notes that the authorities initiated investigations since 2001 for the
attack and the threads against Olimpiades Gonzáles’ life. It notes that till today, more than ten years
after that was denounced and more than four years since the death of the alleged victim, there are
no results. Therefore, the Commission considers that this implies an undue delay in terms of Article
46.2.c of the American Convention and therefore the petitioners must be exempted from exhausting
the domestic remedies before having recourse to the Inter-American system in search of protection,
for this portion of the petition.