A/HRC/45/33 a basis for a reasonable presumption of risk of flight or obstruction with the investigation, as required to sustain custodial measures.22 135. The most common crimes charged under civilian jurisdiction were public incitement, 23 instigation to commit a crime, 24 criminal association 25 and obstruction of a public thoroughfare.26 To a lesser extent, detainees were charged with damages or arson,27 use of minor to commit a crime28 and possession of an incendiary substance.29 136. The mission has reasonable grounds to believe that in some cases charges were based on information planted or fabricated by security forces. Such acts included forging police reports or taking pictures of protestors posing next to Molotov cocktails. The mission interviewed a witness who worked for Venezuelan intelligence services for over 10 years. The witness stated that there were times when there were interventions against students, but there was no merit in doing so, so the Bolivarian National Guard had to plant information. 137. In 2017, many protesters arrested were prosecuted under military jurisdiction, contrary to the “natural judge” principle contained in article 49 (4) of the Constitution. The most common charges were the crimes of attacking the sentry (a military crime involving an attack on a military guard, which carries a penalty of 14 to 20 years in prison); rebellion; and damage to the facilities of the armed forces. 138. The mission found that compromised judicial independence and the executive interference in judicial processes contributed to arbitrary detentions of protesters. One former judge said that the pressure was tremendous at that time (2014) and so was the fear of reprisals. He said that the executive ordered judges to grant arrest and search warrants against certain people. The former judge said the president of the judicial circuit visited him more than once and asked why he had released protesters when the order was to leave them in detention. 2. Torture and cruel, inhuman or degrading treatment 139. The mission has reasonable grounds to believe that security forces, including the Bolivarian National Guard, the National Bolivarian Police and the Bolivarian National Intelligence Service, subjected demonstrators to torture and cruel, inhuman or degrading treatment during the periods under review. 140. The detainees remained in detention for a period of between three days and almost three years. In almost all cases reviewed, the detainees were denied contact with their families or lawyers before initial court appearances. Detainees were held with numerous other people who had been arrested in the context of the protests and who experienced similar situations as those described in the cases investigated. 141. Detainees suffered ill-treatment and torture during arrest and transfer to detention facilities, as well as during detention. The facilities used to hold detainees before initial court appearances were not equipped as detention centres, lacking sleeping space, bathroom facilities, or food and water. Overcrowding was common. 142. The mission found that acts of torture or ill-treatment inflicted upon those arrested and detained at protests included beatings; electric shocks; being forced into stress positions; exposure to tear gas in closed areas; sexual and gender-based violence; and/or psychological torture and ill-treatment. 143. The torture and/or ill-treatment against demonstrators appeared to be for punishment purposes, as revealed by the language used by security forces to humiliate or insult them. In other cases, the torture and/or ill-treatment was used to extract information. In many cases, 22 23 24 25 26 27 28 29 16 Criminal Procedure Code (2012), art. 236. Criminal Code, art. 285. Ibid. Ibid., art. 286. Ibid., art. 357. Ibid., arts. 343 and 473. Organic Law for the Protection of Children and Adolescents (2007), art. 264. Criminal Code, art. 296.