of February 12, 1999 (supra para. 53). The appeal indicated that “there are no
eyewitnesses who can state with certainty that the detainees were involved in the
incident.” It also alleged that the lineup resolved nothing.63
58.
On April 21,1999, the Ninth Superior Criminal Court lifted the order of detention
of Olimpiades González and Luis Guillermo González and confirmed the preventive
detention of Wilmer Antonio Barliza. With respect to Olimpiades González and Luis
Guillermo González, the Court indicated that the witnesses did not identify them as being
armed during the death of C. F. With respect to Wilmer Antonio Barliza, that court
maintained that there were witnesses who saw him at the scene of the crime and who
identified him in the lineup and, thus, “the requirements of Article 182 of the Code of
Criminal Procedure are met."64 That same day, release “tickets” were issued for
Olimpiades González and Luis Guillermo González.65
C.3 Continuation and finalization of the criminal proceedings
59.
On July 1, 1999, the new Organic Code of Criminal Procedure (hereinafter “the
COPP”) entered into force.66
60.
On July 30, 1999, the Fourth Prosecutor of the Public Ministry filed charges
against Wilmer Antonio Barliza González, Fernando González, María Angélica González
and Belkis Mirelis González for the crimes of homicide and the unlawful possession of
firearms, pursuant to Articles 407 and 278 of the Criminal Code.67
Communication of the detainees to the First Judge of the First Court of March 5, 1999 (evidence file,
Annex 5 of the Merits Report, fs. 152 to 154).
63
Decision of the Ninth Superior Criminal Court of April 21, 1999 (evidence file, Annex 9 of the Merits
Report, f. 264 to 268). See also: Annex 5 of the Merits Report, fs. 160 and 161.
64
Release “tickets” of the Ninth Superior Criminal Court of April 21, 1999 (evidence file, Annex 5 of the
Merits Report, fs. 162 and 163).
65
Cf. Written expert opinion of Magaly Mercedes Vásquez González. She stated that the new legislation
“was inspired by the principles of hearings, equality, decisions de oficio and as basic principles of procedure,
in oral proceedings, immediacy, unification of procedures and publicity; the exercise regarding criminal actions
has been given to the Public Ministry; the role of the defense has been strengthened and the victim has been
recognized as an active participant.” She added that “the figure of the Control Judge has been created.” She
noted that in March 1998 “three institutions of the new Code had entered into force,” but did not say which.
She also explained that the Commission that drafted the reform noted that it could not be implemented without
the “modification of the collateral normative framework” and for that to occur the “laws of the Public Ministry,
the Judiciary, the Judicial Career, the Code of Military Justice and the law that governs the attributes of the
police” were amended. She noted that these modifications also entered into force on July 1, 1999. The expert
also mentioned that, on December 30, 1999, a new Constitution entered into force that “included several
principles contemplated” in the new legislation on criminal procedure. This legislation, according to the expert
was then amended in November 2001, modifying provisions regarding the “restriction of liberty, […] not only
of the accused but also of the convicted.” She informed that other reforms were made in October 2006, August
2008, September 2009 “and the most recent in force as of June 12, 2012.” The expert Nelson Orlando Mejía
Durán stressed that “until 1999, the Venezuelan criminal procedural legislation was governed by an inquisitive
system (Code of Criminal Procedure), in which one person, the judge, had the authority to conduct the
investigation” and that this changed at the beginning of that year when it became a “mixed accusatory” system
that, in the opinion of the expert, allowed the González family a process “more in line with due process” (cf.
Written expert opinion of Nelson Orlando Mejía Durán (evidence file, fs. 2725 to 2734).
66
Accusation of the Fourth Prosecutor of the Public Ministry of the Criminal Judicial Circuit of Zulia of
July 30, 1999 (evidence file, Annex 5 of the Merits Report, fs. 180 to 182).
67
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