A/HRC/45/CRP.11
Arrest and Detention in April 2019
436. At around 2 a.m. on 26 April 2019, SEBIN officers950 arrested Mr. Caro at Los Pilones
restaurant in “Las Mercedes” areas of Caracas. The arresting officers did not take his
parliamentary status and immunity into account.951
437. Three days earlier, on 23 April 2019, the Sixth Military Court of Control had revoked
the precautionary measures granted on 2 June 2018 and ordered Mr. Caro’s arrest and
detention,952 as he had allegedly failed to present himself before the tribunal, as required.
438. Mr. Caro’s lawyer went to SEBIN El Helicoide on 26, 27 and 29 April 2019 to request
information about him, to no avail. The lawyer presented a habeas corpus request to the Sixth
Military Court of Control on 2 May 2019.953 On 26 May 2019, one month after his arrest,
authorities had still not disclosed Mr. Caro’s whereabouts. 954 According to Mr. Caro’s
lawyer, it was not until 27 May 2019 that authorities confirmed Mr. Caro’s presence in
SEBIN El Helicoide.955 On 17 June 2019, Mr. Caro was released, reportedly through the
mediation of the Boston Group.956
Arrest and Detention in December 2019
439. On 20 December 2019, at approximately 5.15 p.m., Gilber Caro was arrested and
detained together with his assistant, Victor Ugas, near plaza Madariaga, in El Paraíso,
Caracas, during a joint operation conducted by FAES, PNB, SEBIN and GNB officers. 957
Both Mr. Caro and Mr. Ugas reported having been followed by SEBIN officers days prior to
the arrest.958
440. The case was assigned to Judge Hilda Rosa Villanueva Beralda of the Second Court
of Control on terrorism-related crimes. The prosecutor assigned to the case was Farik Karin
Mora Salcedo. A public defender was assigned to Mr. Caro during an initial court appearance
hearing on 22 December 2019, even though his private lawyer was present and wished to
represent him.959 During this hearing, Judge Villanueva ordered Mr. Caro’s continued
detention while awaiting trial on the charges of conspiracy against republican political form
under article 132 of the Criminal Code.960
441. Between 20 December 2019 and 10 January 2020, Mr. Caro’s lawyer visited SEBIN
headquarters on a number of occasions to discover his whereabouts, but officers denied
950
951
952
953
954
955
956
957
958
959
960
108
According to the information received, these officers reportedly deserted shortly after the arrest.
Mission Interview with Mr. Caro’s lawyer on 19 May 2020.
Ibid. Criminal Procedure Code, art. 248.
Interview with Mr. Caro’s lawyer on 19 May 2020. See also, Inter-American Commission on Human
Rights, Resolution 26/2019, 15 May 2019, available at:
http://www.oas.org/es/cidh/decisiones/pdf/2019/26-19MC426-19-VE.pdf
YouTube Video, CNN en Español, Esto dijo Tarek William Saab sobre el paradero de Gilber Caro,
22 May 2019, available at: https://www.youtube.com/watch?v=Og61NMEPtM0
Interview with Mr. Caro’s lawyer on 19 May 2020. See YouTube Video, VPItv, La abogada Theresly
Malave ofreció detalles sobre la detención de Gilber Caro, 31 May 2019, available at:
https://www.youtube.com/watch?v=lx2oySq9zaw
The Boston Group is a U.S.-Venezuela inter-parliamentary forum. See América Digital, Liberado el
diputado Gilber Caro, 18 June 2019, available at: https://www.americadigital.com/informate/liberadoel-diputado-gilber-caro-22023; The National, Venezuela frees opposition politician before UN rights
chief visit, 18 June 2019, available at: https://www.thenational.ae/world/the-americas/venezuelafrees-opposition-politician-before-un-rights-chief-visit-1.875734; See also, VOA Noticias,
Venezuela: Liberan al diputado opositor Gilber Caro, 17 June 2019, available at:
https://www.voanoticias.com/venezuela/venezuela-liberan-al-diputado-opositor-gilbert-caro
Mr. Ugas was also detained in 2014. See below, Case: Detentions of private citizens for statements on
social media perceived as critical of the Government.
Mission interview with Victor Ugas on 29 July 2020.
Interview with Mr. Caro’s lawyer on 19 May 2020. See also, Diario las Américas, Audiencia de
presentación del diputado Caro estuvo plagada de irregularidades, 22 December 2019, available at:
https://www.diariolasamericas.com/america-latina/audiencia-presentacion-del-diputado-caro-estuvoplagada-irregularidades-n4189792
Criminal Procedure Code, art. 132.
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