A/HRC/45/CRP.11 609. On 8 August 2018, the Attorney General notified the Supreme Court of Mr. Requesens’ arrest.1224 That same day, the Plenary Chamber of the Supreme Court presided by Chief Justice Maikel Moreno, accepted prosecutor’s preliminary accusations against Mr. Requesens. In the court’s opinion, Mr. Requesens had allegedly committed crimes of a permanent nature, therefore he is in a situation of flagrancy. The court ordered Mr. Requesens’ continued custody, until the National Constituent Assembly could decide on removal of parliamentary immunity.1225 Mr. Requesens remained in El Helicoide, despite constitutional provisions stating that deputies should be held under house arrest while the lifting of their parliamentary immunity is being considered.1226 That same day, the National Constituent Assembly, presided by Diosdado Cabello, lifted Mr. Requesens’ parliamentary immunity.1227 Under article 200 of the Constitution, only the National Assembly may lift parliamentary immunity.1228 610. On 9 August 2018, SEBIN officers searched the home of Mr. Requesens’ family,1229 as well as the home of then National Assembly president Julio Borges, 1230 without a search warrant and without families or lawyers present.1231 The Requesens family reported that valuables were stolen.1232 611. Mr. Requesens was held in solitary confinement, without family visits, until 20 September 2018 when his parents were authorized to see him. Two SEBIN officers accompanied them during the visits and recorded everything that was said. 1233 612. Between 20 August 2018 and 1 October 2018, Juan Requesens’ lawyer Joel Garcia made 13 unsuccessful attempts to access his client in El Helicoide. When he was finally permitted, meetings were held in the “fish tank” room (“la pecera”), named for its glass windows where conversations could be overheard. Guards prevented the lawyer from entering the facility with pens, papers or legal material, citing superior orders.1234 The lawyer was later named on Diosdado Cabello’s television show, “Con El Mazo Dando”.1235 Videos in Detention 613. On 10 August 2018, the Minister of Communication and Information, Jorge Rodríguez Gómez, called Mr. Requesens a criminal and released a video of him making what the Minister described as a confession. In the video Mr. Requesens said, “Several weeks ago I was contacted by Julio Borges, who asked me the favour of transferring a person from 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 136 YouTube Video, sucreranda Hugo Chávez Venezuela, Vladimir a la 1. Fiscal Tarek William Saab. Tania Díaz. Magnicidio frustrado en Venezuela. GV, 8 August 2018, available at: https://www.youtube.com/watch?v=oyZ1DQelfvE Supreme Court Judgment No. 2018-0071 on 8 August 2018, available at: https://vlexvenezuela.com/vid/sentencia-n-48-tribunal-825476969 1999 Constitution, art. 200. YouTube Video, Luigini Bracci Roa, Asamblea Nacional Constituyente, allanan inmunidad a Julio Borges y Juan Requesens, 8 August 2018, available at: https://www.youtube.com/watch?v=CeX_HeNBTrs 1999 Constitution, art. 200: Deputies to the National Assembly shall enjoy immunity in the exercise of their duties from the time of their proclamation until the end of their term of office or their resignation. The Supreme Court of Justice shall have exclusive jurisdiction over the alleged crimes committed by members of the National Assembly, and shall be the only authority that can order, with the prior authorization of the National Assembly, their arrest and continue their prosecution. In the event of a flagrant offence committed by a member of parliament, the competent authority shall take him or her into custody at his or her residence and shall immediately notify the Supreme Court of Justice. Public officers who violate the immunity of members of the National Assembly shall incur criminal responsibility and shall be punished in accordance with the law. https://twitter.com/RRequesens/status/1027753816865824768?s=20 https://twitter.com/JulioBorges/status/1027771493365768194?s=20; https://twitter.com/JulioBorges/status/1027804591797272576?s=20 Mission Interview with Rafaela Requesens on 18 May 2020. Ibid. Ibid. Mission Interview with Joel Garcia on 11 May 2020. YouTube Video, Noticias 24, Con el Mazo Dando | 03/07/2019, 7 July 2019, available at: https://www.youtube.com/watch?v=TKGI56Ez-0c