A/HRC/45/CRP.11 802. DGCIM’s investigation reported the date of arrest as 25 May 2018, based on an arrest warrant dated 20 May 2018. The warrant was issued by the First Instance Military Court of Control of Caracas and signed by Judge Claudia Perez de Mogollón.1502 Detention in DGCIM Boleíta 803. Major Falcón was initially held in isolation in DGCIM Boleíta. He told the Mission that DGCIM officers removed all his clothes, beat his face and body with a stick; threatened to rape him, and tied him to a pipe, before partially asphyxiating him with a plastic bag and with water. According to his account, he suffered bruising to his face and a dislocated shoulder. 1503 804. The Mission has received credible information about the detention and treatment of the other detainees arrested between 17 and 21 May, as part of the same operation. DGCIM officers took some detainees to the “water torture room” (or “the submarine”) where they were submerged in water tanks. Others, were taken to a room in which they were electrocuted.1504 The detainees were kept naked for days, not given food and denied access to toilets. They also suffered electrocution including in the genitals and suffocation with plastic bags or submersion in water.1505 805. Major Falcón’s family did not know his whereabouts from 19 May 2018 until 23 May 2018. His wife searched for him in his base in El Libertador and in different military bases in Maracay. On 23 May 2018, Major Falcón’s wife went to DGCIM Boleíta to inquire about him, where a DGCIM officer confirmed unofficially that Major Falcón was detained there. She was not provided futher information or allowed to communicate with him. On 24 May 2018, Major Falcón was able to telephone his wife to inform her that he would be presented to the Second Military Court of Control in Caracas the following day. The family attended to court that day. When Major Falcón did not appear, they continued to visit the court every day thereafter. He was presented in court three days later on 28 May 2019. 806. The Mission secured access to a medical examination undertaken by SENAMECF dated 25 May 2018 and presented as part of Major Falcón’s court file. The report contained only Major Falcón’s personal details and had otherwise been left blank. 1506 It had not been signed by a doctor. Major Falcón explained to the Mission that he did not undergo a medical examination by SENAMECF. Initial Court Appearance 807. On 28 May 2019, Major Falcón was presented to the Second Military Court of Control in Caracas where he was charged with treason, instigation of rebellion, mutiny and against military decorum.1507 He appeared in court with visible injuries. He told the Mission, “My face was swollen, my hands and my wrists were purple. I also had marks on my shoulder and ribs”. Major Suárez who was also presented with him had a broken nose and fractured ribs. 808. The NGO lawyer representing both Major Falcón and Major Suárez referred to domestic anti-torture legislation and requested the court to take formal note of their injuries and to order a medical examination. The lawyer also told the court that, “pretending that the defendants were detained on 25 May 2018 makes a mockery of this tribunal, when they have been detained for over seven days”.1508 809. The Judge ordered Major Falcón’s detention at CENAPROMIL (RamoVerde). Major Suárez was also sent there. 1502 1503 1504 1505 1506 1507 1508 168 Acta de Investigación Penal DGCIM DEIPC-AIP-357-2018, Orden de aprehensión 156-18 on file with the Mission. Mission Interview with Isaias Lenin Falcón in July 2020. Mission Interview with Isaias Lenin Falcón July 2020. Document C3DD14, C3DD15, C3DD16, C3DD17, on file with the Mission. Reseñas dactilares CICPC, Examen médico SENAMECF on file with the Mission. Organic Code of Military Justice arts. 464, 476, 481, 488, 489, 565 and 570. Acta audiencia de presentación, declaración abogado Alonso Medina on file with the Mission.