A/HRC/45/CRP.11
that the crimes for which Ms. Escalona stood accused are covered under ordinary
legislation,984 and that, as a civilian, Ms. Escalona should be tried by an ordinary court.985 The
request was dismissed on 26 January 2017. Ms. Escalona’s lawyers appealed the decision
before the Military Court of Appeal on 2 February 2017 and did not receive a response. 986
464. On 27 February 2017, prosecutors presented a formal accusation against Ms. Escalona
for the same charges presented during the initial appearance.
465. On 16 March 2017, Ms. Escalona’s lawyer presented exceptions to the accusation in
accordance with article 311 (1) of the Criminal Procedure Code,987 reiterating the request to
consider the proceedings invalid due to lack of jurisdiction of the military tribunal. They also
argued that the evidence presented was insufficient to demonstrate the elements of the crimes.
The lawyers argued that the chain of custody for the automatic rifle allegedly found in the
car had been broken in violation of article 187 of the Criminal Procedure Code, as the pictures
of the rifle presented as evidence were taken at the SEBIN premises in Naguanagua, rather
than at the moment it was supposedly found.988 The defence lawyers also argued that they
had not been able to prepare an adequate defence.
466. The preliminary hearing was deferred several times. With each deferral, Judge
Acevedo Santafe ordered the continued pre-trial detention of Ms. Escalona. Ms. Escalona
told the Mission that, on a couple of occasions, Judge Acevedo Santafe suspended the hearing
after making a phone call to someone she referred to as “my boss”. On two occasions, the
judge announced that she was calling Tareck el Aissami, then-Vice-President.989 Ms.
Escalona also reported having seen Judge Acevedo Santafe at the SEBIN in Naganagua on
at least two occasions.990
467. On 26 November 2017, Ms. Escalona was summoned to court and informed she had
been granted house arrest. Ms. Escalona told the Mission that the SEBIN officers who
accompanied her to court expressed their surprise at this, as it was their understanding that
she was supposed to be conditionally released. The judge explained that she did not have
orders from Caracas to free her. Later that day, the judge announced that she had received a
phone call from Caracas and Ms. Escalona could be freed.991
468. Ms. Escalona was released on condition that she remained in Venezuela and presented
herself to the court every 15 days. On those occasions, Judge Acevedo Santafe told her that
if she left the country, Mr. Caro would never be freed. After Mr. Caro’s first release, the
judge began telling Ms. Escalona that Mr. Caro would be rearrested should she abscond. 992
Mr. Caro was detained again and Ms. Escalona left Venezuela in March 2019.
Findings
469. Based on the facts above, the Mission has reasonable grounds to believe that Steyci
Escalona was victim of arbitrary detention. Officers from the SEBIN headquarters in
Naguanagua, Carabobo, were involved. Ms. Escalona was held at the SEBIN headquarters in
Naguanagua, under the authority of the Chief Commissioner of SEBIN Central Region.
984
985
986
987
988
989
990
991
992
112
Criminal Code, art. 143 and Law for the Disarmament and Control of Weapons and Ammunitions.
Exception for incompetence, 16 January 2017, on file with the Mission.
Information received from Ms. Escalona’s lawyer.
Article 311, Powers and burdens of the parties: “Up to five days before the expiration of the period
set for the preliminary hearing, the Prosecutor, the victim, provided that they have sued or have
presented their own private accusation, and the accused, may carry out the following acts in writing:
1. Oppose the exceptions provided for in this Code, when they have not been raised previously or are
based on new facts”.
Exceptions against the prosecutor’s accusation, 16 March 2017, on file with the Mission.
Mission interview with Ms. Escalona, 17 June 2020. SEBIN is a decentralised body of the VicePresidency of the Republic. SEBIN organic law, Gaceta Oficial No. 41.021, 1 November 2016, art. 3.
Mission interview with Ms. Escalona on 17 June 2020.
Ibid.
Ibid.
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