A/HRC/45/CRP.11
swollen, he had to cut part of his trousers to get into them”.1552 During the hearing, the lawyers
requested a toxicology exam and forensic examinations of the defendants. The toxicology
exam and a medical examination were undertaken ten days later and the results were not
disclosed.1553 The lawyers requested that the Public Prosecutor´s Office open investigations
into the torture, but at the time of writing there is no indication that this occurred. 1554
847. Colonel Acevedo, Colonel Palomo and Mr. Iabichuela were charged with association
to commit a crime, terrorism, and illicit possession of weapons of war, conspiracy and
treason.1555 The court ordered the detention of Colonel Acevedo and Mr. Iabichuela at Ramo
Verde. Colonel Palomo was ordered pre-trial detention in SEBIN El Helicoide.
848. On 19 February 2019, the Inter-American Commission on Human Rights issued
precautionary measures in favour of Colonel Palomo, Colonel Acevedo and Mr.
Iabichuela.1556
849. On 18 March 2019, Colonel Acevedo’s wife filed a complaint with the Public
Prosecutor’s Office alleging due process irregularities and requesting an investigation into
torture. She also requested a forensic and toxicological examination and verification of her
husband’s physical and mental state, but received no response.1557
850. The preliminary hearing took place on 2 July 2019, almost six months after the initial
appearance and after two postponements. A lawyer had visited Colonel Palomo in SEBIN
prior to the trial, but had felt unable to discuss the case as the visit was monitored.1558 The
lawyers were present at the preliminary hearing, but the defendants were not able to speak to
them until 30 minutes before proceedings began. Colonel Acevedo’s legal team told the
Mission that they had been provided access to the file one hour before the hearing. 1559
851. The defendants told the court that they had been tortured.1560 Neither the prosecution
nor the judge responded to the allegation. The court ordered that the case proceed to trial.
The defendants remained in detention at the time of writing, with no date set for trial.
852. On 27 February 2020, Colonel Acevedo’s lawyers requested the court to order a
medical examination as their client continued to complain of pain and numbness in his hands
and feet as a result of the blows received, referring to the precautionary measures issued by
the Inter-American Commission.1561 No response was received.
Detention in Ramo Verde and transfer of Colonel Acevedo to DGCIM Boleíta
853. After the initial court appearance, Mr. Iabichuela was taken to a military hospital
because he was at risk of losing his leg. He was later transferred to Ramo Verde. 1562
854. Colonel Acevedo was transferred to DGCIM Boleíta, where he remained for a month,
during which time his family and lawyers were unable to access him. DGCIM officers did
allow his family to bring him water and food, and they asked them to bring plasters and
antibiotics for a “minor” injury, which the family presumed to be the infected cuts on his
wrists.1563
1552
1553
1554
1555
1556
1557
1558
1559
1560
1561
1562
1563
174
https://twitter.com/medinaroaalonso/status/1093564793510875137?s=20; Mission Interview with
Emilio Bolivar in June 2020; Mission Interview C3DD05 in June 2020.
Mission Interview with lawyer Emilio Bolivar in June 2020.
Ibid.
Organic Law against Organized Crime, art. 32 and 52, Criminal Code, arts. 111, 132 and 128.
Inter-American Commission on Human Rights, Resolution 3/2019, Precautionary measures No. 11519, 19 February 2019, para. 1, available at: http://www.oas.org/es/cidh/decisiones/pdf/2019/319MC115-19-VE.pdf.
Complaint filed by Monica Jimenez with the Prosecutor competent in Human Rights issues of the
Caracas Metropolitan Area, Document 000360, on file with the Mission.
Mission Interview with lawyer Emilio Bolivar in June 2020.
Information submitted to the Mission by Foro Penal in June 2020.
https://twitter.com/medinaroaalonso/status/1146270416136261632?s=20.
Information submitted to the Mission by Foro Penal in June 2020.
Mission Interview with Emilio Bolivar in June 2020.
Mission Interview C3DD05 in June 2020.
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