A/HRC/45/CRP.11 personnel including Captain Acosta Arévalo. The investigation was assigned to the ThirtyNinth National Prosecutor’s Office. 903. On the same day, National Constituent Assembly president Diosdado Cabello spoke about the plot on his television show “Con el Mazo Dando”. He referred to the detention of Captain Acosta Arévalo and other accused saying, “They are in good protection of the authorities, providing declarations and adding to what must be added”. 1622 904. According to a DGCIM report,1623 on the morning of 26 June 2019, two DGCIM officers travelled from Caracas to Guarenas to arrest Captain Acosta Arévalo, based on intelligence information they had received. They identified and intercepted Captain Acosta Arévalo at a bus stop. After presenting his documents to the DGCIM officers, Captain Acosta Arévalo fled and suffered a fall. According to the DGCIM report, two witnesses to the arrest corroborated this version of events.1624 905. The DGCIM version appears to stand in contrast with that of Captain Acosta Arévalo’s family, who had not seen or heard from him since 21 June. Since that date, the location and whereabouts of Captain Acosta were unknown, family members and the legal defense team suspect Captain Acosta had been taken to an unofficial detention center run by the DGCIM.1625 Captain Acosta Arévalo’s Death 906. According to the DGCIM report, the DGCIM officers brought Captain Acosta Arévalo to the Carlos Arvelo military hospital at 7 a.m on 28 June 2019.1626 The doctor certified that he had trauma to the thorax, nose, finger and ankle, moderate dehydration and a skin infection. The report concluded that he was in stable condition.1627 907. During the evening of 28 June 2019, Captain Acosta Arévalo made an initial court appearance at the Third Military Court of Control of the Libertador Bolivarian municipality, Capital District. The other accused were also presented in court. Captain Acosta Arévalo’s case was assigned to a military tribunal, as he was charged with military crimes (treason to the homeland,1628 military rebellion1629 and instigation to rebellion1630). Captain Acosta Arévalo was a civilian, having been discharged from the military in 2006. 908. DGCIM officers brought Captain Acosta Arévalo into the hearing in a wheelchair. Prior to the hearing, Captain Acosta Arévalo’s lawyer had a brief interaction with his client. DGGIM officers insisted on being present during the conversation. According to his lawyer, the first thing that Captain Acosta Arévalo did was request help. However, Captain Acosta Arévalo was unable to articulate most basic words, could not move his hands or legs and was bruised and bleeding. He was barefoot. His eyes were wide. Captain Acosta Arévalo’s lawyer asked him if he had been tortured and he nodded.1631 909. Seeing Captain Acosta Arévalo’s condition, court staff tried to give him some water. When the presiding judge saw Captain Acosta Arévalo in the entrance of the courtroom, he ordered Captain Acosta Arévalo’s immediate transfer to the military hospital Vicente Salias Sanoja in Fort Tiuna. The hearing proceeded for the other accused. Captain Acosta Arévalo’s appearance was postponed until the following day. 1622 1623 1624 1625 1626 1627 1628 1629 1630 1631 182 YouTube Video, Con el Mazo Dando, Con el Mazo Dando, Programa #258, minute 01:29:00, available at: https://www.youtube.com/watch?v=Kp3n5ZP1LMA Police Record No. DGCIM DEIPC AP 431/2019 and Act of Initial Appearance, 1 July 2019, ThirtySixth Court of Control, criminal case file No. 36 C-19.464-19, on file with the Mission. Interview Record, No DGCIM DEIPC, AE-374/2/2019, on file with the Mission. Mission Interview with lawyer Alonso Medina in April 2020, Mission Interview with Waleska Pérez on 24 April 2020. Police Record No. DGCIM DEIPC AP 431/2019, on file with the Mission. Medical Report, C.I. No.9.661.191, Historia 74-36-13 on file with the Mission. Organic Code of Military Justice, art. 464 item26, art. 465, art. 467. Organic Code of Military Justice, art. 476 item 1, art. 478 item 4, art. 487. Organic Code of Military Justice, art. 481, art. 487. Mission Interview with lawyer Alonso Medina in April 2020, Document C3DD50 on file with the Mission.