52.
On February 10, 1999, Wilmer Antonio Barliza, Olimpiades and Luis Guillermo
González testified before the court. They stated that they did not participate in the
homicide and that L.M. had planted the firearms at the place where they had been
detained.57
53.
On February 12, 1999, the First Court decreed the judicial detention for the crime
of intentional homicide and unlawful possession of firearms against Luis Guillermo
González, Wilmer Antonio Barliza and Olimpiades González and requested their transfer
to the National Penitentiary. The Court based its decision on “substantial and multiple
indicia of guilt that imply the criminal responsibility of the accused.” The Court took into
account, among other elements, the police report of January 28, 1999, as well as the
recognition in the lineup.58
54.
According to the undated assertions of the Commission and the representatives,
the mother of Wilmer Antonio Barliza requested the First Court that her son, Olimpiades
González, and Luis Guillermo González be transferred from the National Penitentiary to
the El Marite Center, due to the enmity with the M.F. family and because of their threats.
On the other hand, according to the allegations of the representatives and the
Commission and the expert opinion of Víctor Manuel Velazco Prieto, the three detainees
were not separated from the convicted inmates at the National Penitentiary (infra paras.
134, 135 and 147).
55.
On March 19, 1999, the First Court requested that the Director of the National
Penitentiary report on whether Olimpiades González, Wilmer Antonio Barliz and Luis
Guillermo González “have received threats or visits of persons who had verbally
threatened their physical integrity.”59 Four days later, the report was received that
indicated:
The detainees were interviewed […] and they stated that they had received threats from members of the
Zamuros gang; the moment that we entered we received a visit from one of them named Larry […] who
beckoned us and told us that they were waiting for us here in the jail. Where we were placed was not a
very secure part and therefore, we asked that we be sent to El Marite.60
56.
This request of transfer was reiterated on March 2, 1999, with reference to the
threats.61 The same day the First Court ordered their transfer to the El Marite Center,
which was carried out immediately.62
57.
On March 5, 1999, the legal representative of Olimpiades González, Luis
Guillermo González and Wilmer Antonio Bariliza appealed the decision of the First Court
Minutes of the statement of February 10, 1999. The statement of Luis Guillermo González, which is
incomplete.
57
Resolution No. 075 of the First Court of February 12, 1999 (evidence file, Annex 2 of the Merits Report,
fs. 27 to 29).
58
59
f. 147).
Communication of the First Court of February 19, 1999 (evidence file, Annex 5 of the Merits Report,
Report of the Director of the National Penitentiary of February 23, 1999 (evidence file, Annex 5 of the
Merits Report, f. 149).
60
61
150).
62
f. 151).
Brief of the legal representatives of March 2, 1999 (evidence file, Annex 5 of the Merits Report, f.
Communication of the El Marite Center of March 4, 1999 (evidence file, Annex 5 of the Merits Report,
16