A/HRC/44/20
44.
OHCHR documented 110 cases of persons, including three women, under criminal
prosecution, charged for crimes such as treason, rebellion, public incitement, conspiracy,
attempted assassination (of the President), terrorism or funding of terrorism. A total of 63
were members of the military and 47 were civilians. Of the cases, 60 had been submitted to
civilian jurisdiction, 48 of which had appeared before specialized courts dealing with
terrorism; and 50 cases, including of 12 civilians, had been subjected to military
jurisdiction.
45.
Based on an analysis of these cases, OHCHR found that, at the time of arrest,
judicial warrants had not been routinely presented and the individuals had not been
informed of the reasons for their arrest. In several cases, arrest warrants had been issued
retroactively, including with modified dates of issuance, and houses had been raided
without judicial orders. Arrests had mostly been conducted by members of the Directorate
General of Military Counter-intelligence and the Bolivarian National Intelligence Service.
However, other security forces, such as the Special Action Forces and the Bolivarian
National Guard, have been increasingly involved in such arrests.
46.
Almost all individuals detained by the Directorate General of Military Counterintelligence from the cases documented by OHCHR had been subjected to enforced
disappearances for short periods following their arrest and before being presented to a
judge. Authorities did not confirm the whereabouts of the individuals to the relatives or
lawyers for periods usually ranging from 7 to 40 days, which raised concerns about
increased risks of torture and ill-treatment.
47.
OHCHR documented that access to individuals held in detention centres of the
Directorate General of Military Counter-intelligence or the Bolivarian National Intelligence
Service was particularly challenging. When lawyers were granted access to their clients,
they were not allowed adequate time or confidentiality. Courts repeatedly rejected legal
filings of defence lawyers at key hearings, challenging jurisdiction, witnesses or other
evidence without clear reasoning or without providing an explanation. In 14 cases
documented by OHCHR, lawyers did not have access to the case files of their clients, and
in many cases, access was only granted immediately before the presentation hearing. The
case files would generally contain very little evidence and lacked most of the fundamental
legal documents, such as the indictment. In many cases, the only incriminating evidence on
file was a report by the agency that conducted the investigation and the arrest. In some
cases, especially those involving alleged terrorist acts, the prosecutors reportedly did not
allow access to the files, invoking the confidentiality of the investigation.
48.
In all 110 documented cases, there were undue delays at all stages of the judicial
proceedings. According to the Criminal Procedure Code, following the presentation
hearing, the prosecution should finalize the investigation and formally indict the person
within 45 days so the preliminary hearing can take place without delay. However, judicial
hearings at all stages of the proceedings were constantly suspended or postponed for
multiple reasons, including the absence of judges or prosecutors, or the failure to transfer
the detainee to the tribunal. During the reporting period, OHCHR identified that out of the
110 cases documented, 41 individuals had exceeded two years in pretrial detention, raising
concerns of compliance with international standards prohibiting arbitrary detention.
49.
After their presentation hearing, individuals charged with crimes related to treason,
rebellion or conspiracy remained at the headquarters of the Directorate General of Military
Counter-intelligence, and some were held incommunicado for up to 40 days. At the time of
writing of the present report, the authorities had not officially reported the place of
detention of opposition parliamentarian Gilber Caro, who was arrested on 20 December
2019. At least 33 military and civilians arrested between 20 April and 31 May 2020 and
reportedly involved in the incursion known as Operation Gedeón, which occurred on 3 and
4 May, have been held incommunicado in the premises of either the Bolivarian National
Intelligence Service or the Directorate General of Military Counter-intelligence in Caracas.
50.
OHCHR documented cases of individuals benefitting from precautionary measures
who were arrested again by intelligence services without a revocation of the measures by a
tribunal. OHCHR also identified three cases of individuals detained despite having served
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