A/HRC/45/CRP.11
391. In her judgment, Judge Barreiros relied upon the expert analysis of a semiologist to
find that the language used by Mr. López in speeches between 23 January and 12 February
2014 intended to incite violence.880 The semiologist, Ms. Rosa Amelia Azuaje, told the
Mission that she submitted a 113-page report to the Public Prosecutor’s Office in April 2014.
When she saw the court’s judgment, she realised that her report had been altered and not
presented in full.881
392. Shortly after the trial, Ms. Azuaje told the press that her assessment had been distorted
and that Mr. López’s language did not incite violence.882 Ms. Azuaje told the Mission that
she left Venezuela in June 2017 as she felt increasingly threatened both by opposition
supporters, who blamed her for Mr. López’s conviction, and by Government supporters who
considered her a traitor.883
393. On 2 June 2016, Leopoldo López’s defence team presented an appeal against the
judgment, which began on 12 August 2016 before the First Chamber of Caracas Court of
Appeal, with Judges Yimi Montiel, Dayana Mendoza and Nelson Moncada presiding.884 The
court of appeal upheld the convictions and the sentence imposed by the court of first
instance.885
394. On 18 August 2016, Mr. López’s lawyers filed an appeal to the Criminal Chamber of
the Supreme Court, which, on 16 February 2017, declared it manifestly unfounded, in
agreement with the Court of Appeal verdict. On 7 July 2017, the Criminal Chamber of the
Supreme Court granted house arrest to Leopoldo López for health reasons. On 25 July 2017,
Leopoldo López released a video calling for protests against the National Constituent
Assembly elections.886 The Fifth Tribunal of Execution in Caracas revoked his house arrest
on 31 July 2017 and on 1 August 2017, SEBIN officers took Mr. Lopez back to Ramo
Verde.887 On 5 August 2017, Mr. López returned to house arrest.
880
881
882
883
884
885
886
887
100
There was another technical analysis on the tweets carried out by another expert.
Mission interview with Rosa Amelia Azuaje, 9 July 2020. According to Franklin Nieves’ declaration
before the OAS, Nelson Mejias, Director of Common Crimes Department of the Attorney General
Office, was modifying the expert reports in order to render them more favourable for the
prosecution’s arguments. See YouTube Video, OAS OEA Videos, Hearings to analyze possible
crimes against humanity in Venezuela. November 16th, 2017, minute 03:02:40, available at:
https://www.youtube.com/watch?v=g6zUBXprxQ4
Mission interview with Rosa Maria Azuaje on 9 July 2020. See also, El País, La principal perito del
juicio contra López se desmarca de la condena, 5 November 2015, available at:
https://elpais.com/internacional/2015/11/04/actualidad/1446675663_328553.html; Clarin, Se cae la
causa contra López: ahora una testigo del chavismo revela más manipulaciones 5 November 2015,
available at: https://www.clarin.com/mundo/lopez-testigo-chavismo-revela-manipulaciones_0_ry8ngYD7e.html; and InfoBae, La principal testigo que usó la Justicia chavista contra Leopoldo López
asegura que "no hay nada que demuestre" su culpabilidad, 19 February 2017, available at:
https://www.infobae.com/america/venezuela/2017/02/19/la-principal-testigo-que-uso-la-justiciachavista-contra-leopoldo-lopez-asegura-que-no-hay-nada-que-demuestre-su-cupabilidad/
Mission interview with Rosa Maria Azuaj on 9 July 2020. See also YouTube Video, ULAtv Oficial,
Rosa Amelia Azuaje: “Para el gobierno soy una traidora”, 19 April 2017, available at:
https://www.youtube.com/watch?v=9tKsFZ3MGxI;
Judge Moncada was murdered in June 2017. See El País, Asesinado el juez que ratificó la condena
del opositor venezolano Leopoldo López, 3 June 2017, available at:
https://elpais.com/internacional/2017/06/02/america/1496421375_204566.html
Cristian Holdack was convicted to 10 years of deprivation of liberty though was granted a measure
alternative to detention for health reasons. The same applied to Ángel González and Demián Martín
who were convicted to 4 years and 6 months.
YouTube Video, Leopoldo López, ¡Sigamos en las calles hasta alcanzar nuestra libertad!, available at:
https://www.youtube.com/watch?v=K3zG_SqpFOk&feature=youtu.be
A message that appeared on the Facebook page of the Supreme Court, dated 1 August 2017,
mentioned a purported escape plan organized by Leopoldo López jointly with Antonio Ledezma. It
also indicated that one of the conditions for the house arrest imposed to Mr. López was the
prohibition to issue public statements.
https://www.facebook.com/TSJVenezuela/photos/a.1431172463657220.1073741828.1390972677677
199/1454139021360564/?type=3&theater
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