A/HRC/45/CRP.11
382. There was an unusually large presence of DGCIM and SEBIN officers at the
tribunal,857 along with four prosecutors, including Franklin Nieves and Narda Sanabria. 858
When Judge Tovar hesitated in isuing Leopoldo López’s arrest warrant, a DGCIM official
asked her whether she wanted to become “the next Afiuni”.859 Judge María Lourdes Afiuni
was detained in December 2009, following her decision to release a political prisoner
implementing a decision of the UN Working Group on Arbitrary Detention. 860
383. Former Attorney General Luisa Ortega Díaz also told the Mission that beginning on
12 February 2014 she came under pressure from the Executive to prosecute Mr. López with
serious crimes,861 including by Diosdado Cabello, the then President of the National
Assembly, who she said asked her to charge Mr. López with murder. 862
384. On 16 February 2014, Leopoldo López published a video on Twitter calling for a
peaceful march on 18 February 2014 to present a petition to the Ministry of the Interior. He
also announced that he would present himself to the authorities should they decide to detain
him unlawfully.863 That same day, an investigative journalist published a documentary
identifying those allegedly responsible for Bassil da Costa and Juan Montoya’s deaths. 864
385. In the early hours of 16 February 2014, around 20 armed and uniformed officers
searched Mr. López’s home. Afterwards, they drove to Mr. López’s parents’ home, where
his mother, father and wife were located. Lilian Tintori, Mr. López’s wife, told the Mission
that Diosdado Cabello accompanied the DGCIM officers during the search, which lasted
from midnight to 6 a.m. Diosdado Cabello returned to Mr. López’s parents’ house on 18
February between midnight and 3 a.m. to convince them to persuade Mr. López to surrender
to the authorities.865 Mr. Cabello also telephoned them several times.866
386. On 18 February 2014, Mr. López briefly addressed the crowd during a protest in
Caracas. Thereafter, he made his way to the National Guard security cordon with Ms. Tintori
and handed himself over to them. He was arrested and taken to the Francisco de Miranda
military airbase, known as “La Carlota”.867 Mr. López’s lawyer was present and told the
Mission that Justo Noguera Pietri, at the time a National Guard General, escorted Mr. López
in the car, from which he spoke to Diosdado Cabello. Mr. López was transferred by helicopter
from “La Carlota” to Fuerte Tiuna military base.868
857
858
859
860
861
862
863
864
865
866
867
868
98
The high militarization of the Tribunal when hearings of Mr. Lopez trial were taking place was
emphasised too by his lawyer during the interview with the Mission.
Ms. Sanabria was thereafter appointed first as Director of Forensic of the Attorney General Office in
September 2017 and then as judge of the Appellate Court of Caracas. Prior to these appointments,
Ms. Sanabria was removed in July 2017 for allegedly facilitating the irregular entry of former Vice
Attorney General Katherine Harington in the premises of the Public Prosecutor’s Office. See El
Carabobeño, Destituida fiscal Narda Sanabria por presuntamente ingresar a Katherine Harington al
MP, 7 July 2017, available at: https://www.el-carabobeno.com/destituida-fiscal-narda-sanabria-porpresuntamente-ingresar-a-katherine-harington-al-mp/.
See OAS OEA Videos, Audiences to analyze possible crimes against humanity in Venezuela. October
16th, 2017, minute 13:00, available at: https://www.youtube.com/watch?v=ca5zYBQYcVE,
The same Working Group later declared her detention arbitrary in its case 20/2010. Her case has
created an atmosphere of fear amongst judges, commonly known as the “Afiuni effect”.
Mission interview with Luisa Ortega Díaz in July 2020.
Ibid. See also, EFE, La exfiscal venezolana Ortega admite presión de Cabello en caso Leopoldo
López, 16 February 2018, available at: https://www.efe.com/efe/america/politica/la-exfiscalvenezolana-ortega-admite-presion-de-cabello-en-caso-leopoldo-lopez/20000035-3525681; and ABC
La fiscal Ortega reconoce que Leopoldo López es inocente y fue condenado por «presiones» de
Cabello, 17 Feburary 2018, available at: https://www.abc.es/internacional/abci-fiscal-ortegareconoce-leopoldo-lopez-inocente-y-condenado-presiones-cabello-201802162103_noticia.html
El País, Opositor venezolano Leopoldo López anuncia que se entregará a las autoridades, 16 February
2014, available at: https://www.elpais.com.co/mundo/opositor-venezolano-leopoldo-lopez-anunciaque-se-entregara-a-las-autoridades.html
See YouTube Video, Ultimas Noticias, Uniformados y Civiles dispararon en Candelaria el 12F,
available at: https://www.youtube.com/watch?v=MmHEEO_MpII
Mission interview with Lilian Tintori in June 2020.
Ibid.
Mission interview with Juan Carlos Gutiérrez, Leopoldo López’s lawyer, in July 2020.
Ibid.
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