A/HRC/45/CRP.11 582. On 14 July 2017, the opposition-led National Assembly announced the creation of a judicial appointment commission to select 33 judges for the Supreme Court. The newly selected judges would replace those appointed in December 2015, whose selection the National Assembly considered illegitimate.1182 583. Mr. Zerpa applied for a position as Supreme Court judge. The National Assembly selected him a judge in the Supreme Court’s Administrative Division. On 21 July 2017, he was sworn in with other appointed judges during a National Assembly session. 1183 584. The previous day, 20 July 2017, the Constitutional Division of the Supreme Court had issued judgment No. 5451184 annulling the National Assembly’s appointment of judges on constitutionality grounds. The Constitutional Division warned the newly appointed judges that they could face criminal responsibility for usurpation of functions.1185 The Arrest 585. Mr. Zerpa was driving with his sister to La California Norte, Caracas on 22 July 2017, they realised two cars were persuing them.1186 They heard shots fired and stopped the car.1187 Persons later revealed to be SEBIN officers exited the cars and approached Mr. Zerpa’s vehicle, pointing firearms. They wore civilian clothes and did not identify themselves, but were wearing bulletproof vests. When Mr. Zerpa asked what was happening they replied, “Didn’t you see the TV? Maduro ordered your detention”.1188 586. The SEBIN officers took Mr. Zerpa to SEBIN headquarters in Plaza Venezuela and thereafter to El Helicoide where he was inspected and photographed. He told the officers that he was a judge and they were acting illegally.1189 587. The following day, on 23 July, a SEBIN officer brought Mr. Zerpa a warrant for his arrest while in the cell. On 24 July, he appeared before Judge Claudia Pérez de Mogollón at the First Military Court of Control of Caracas in Fort Tiuna. The judge denied him the chance to appoint his own lawyer, so Mr. Zerpa opted to defend himself. Despite this, the court assigned him a military public defender, but also allowed him to present his own arguments in court. 1190 588. Mr. Zerpa argued that he should not be in pre-trial detention, since he initially stood accused of usurpation of functions, which is an offence with a lesser sentence not subject to custodial coercive measures.1191 Mr. Zerpa also argued that the only prosecution evidence presented was a picture of him swearing an oath, which appeared in El Nacional newspaper, as well as a similar picture SEBIN had retrieved from his mobile phone. The tribunal ordered Mr. Zerpa-s pre-trial detention at El Helicoide on treason charges.1192 589. On 27 July 2017, Mr. Zerpa was taken to Fort Tiuna to sign the record of the initial appearance hearing. Mr. Zerpa refused to sign because the arguments he had made were not 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 132 See National Assembly, Special Commission to Rescue the Institutionality of the Supreme Court of Justice, Final Report, available at: https://supremainjusticia.org/wpcontent/uploads/2016/07/INFORME-FINAL-COMISION-ESPECIAL-PARA-EL-RESCATE-DELTSJ.pdf Written statement submitted by Angel Zerpa to the Mission, 7 June 2020. Supreme Court of Justice, Decision No. 545, 20 July 2017, available at: http://historico.tsj.gob.ve/decisiones/scon/julio/201349-545-20717-2017-2017-0799.HTML Criminal Code, art. 213. Mission interview with Angel Zerpa, 27 May 2020. Ibid. Written statement submitted by Angel Zerpa to the Mission, 7 June 2020. See videos at: TeleMadrid, Maduro amenaza con meter en la cárcel a todos los jueces nombrados por el Parlamento, 24 July 2017, available at: http://www.telemadrid.es/noticias/internacional/Maduro-amenaza-carcelnombrados-Parlamento-0-1924007605--20170724030235.html; El País, Maduro anuncia que detendrá “uno a uno” a los 33 magistrados de la oposición, 24 July 2017, available at: https://elpais.com/internacional/2017/07/23/america/1500838660_930864.html Written statement submitted by Angel Zerpa to the Mission, 7 June 2020. Ibid. Criminal Procedure Code, art. 355. Written statement submitted by Angel Zerpa to the Mission, 7 June 2020.