A/HRC/45/CRP.11
793. Captain de la Sotta holds joint Venezuelan and Peruvian citizenship. However,
DGCIM did not allowed him to access the consular protection despite the numerous requests
made by the Peruvian Embassy.1499
794. The Mission contacted the Government requesting a status update in this case on 7
August 2020. At the time of writing, it had not received a response.
Findings
795. Based on the facts above, the Mission has reasonable grounds to believe that arbitrary
arrest and detention, short term enforced disappearance, torture and other cruel, inhuman or
degrading treatment or punishment were committed against Captain Luis de la Sotta.
796. DGCIM personnel from the Special Directorate of Penal and Criminalistic
Investigations under the direction of Colonel Rafael Franco Quintero were involved in the
arrest of Captain de la Sotta. Officers working for the investigations division under Colonel
Franco Quintero and afterwards under Colonel Hannover Guerrero were involved in the acts
of torture and other cruel, inhuman or degrading treatment or punishment at the moment of
interrogation and during the detention.
797. Furthermore, the Mission has also reasonable grounds to believe that conditions in
DGCIM Boleíta during Mr. de la Sotta’s detention amount to a violation of the prohibition
of torture and cruel inhuman degrading treatment and punishment. DGCIM Coronel Terán
Hurtado and the Director Iván Hernández Dala are responsible for the facility.
CASE 14: Major Isaias Lenin Falcón Juárez
798. Major Isaias Falcón was an air force officer and specially trained commando who
commanded Special Forces Squadron 201, in El Libertador Palo Negro air base in Maracay,
Aragua state. His immediate superior was Lieutenant Colonel Ruperto Molina Ramírez.
799. On 17 May 2018, the CEOFANB Remigio Ceballos ordered Major Falcón to join
other units in Caracas in preparation for Plan República.1500 Plan República was a deployment
of FANB officers to ensure order and provide security during the presidential elections on 20
May 2018.1501 Major Falcón explained to the Mission, “They took all of us to Caracas because
Plan República was beginning; they had us in military units in the Caracas area, all the
commanders of the special groups, including Major Suárez who was in Fort Tiuna, Macsotay
in La Guaira, and myself in La Carlota”.
The Arrest
800. On 19 May 2018, eight armed DGCIM officers entered the General Commander of
Aviation’s office in la Carlota airforce base where Major Falcón was stationed. They
disarmed Major Falcón (he was carrying the light weaponry requested for these operations),
arrested him, confiscated his belongings and handcuffed him. They then put a hood over his
head, brought him to a car and drove him to the DGCIM Boleíta. They did not present an
arrest warrant.
801. Major Falcón’s arrest was part of the string of arrests targeting military officers
between 17 and 21 May 2018, including the arrest and detention of Luis Humberto de la
Sotta, detailed above.
1499
1500
1501
Correspondence between de la Sotta family and the consulate, the consulate refers to six notes 0622020, 605-2020,111-2019,103-2019,48-2019,19-20,11-2019, sent from the embassy of Peru soliciting
consular visits to Luis de la Sotta, on file with the Mission.
Mission Interview with Isaias Lenin Falcón in July 2020.
Correo del Orinoco, Arranca el Plan República 2018 por todo el Territorio Nacional, available
at:http://www.correodelorinoco.gob.ve/arranca-el-plan-republica-2018-por-todo-el-territorionacional/
167
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