A/HRC/45/CRP.11
the operation. They drove to the SEBIN base in Naguanagua. Upon arrival, they overheard
two SEBIN officers discussed the case and expressing disagreement with “political
arrests”.975
457. At the SEBIN premises, officers told both Ms. Escalona and Mr. Caro to sign a
document saying that her rights had been respected. Ms. Escalona refused to sign without a
lawyer present. When Ms. Escalona required the bathroom, a female SEBIN officer forced
her to undress completely, insisting that was protocol. Ms. Escalona and Mr. Caro were
separated for interrogation.976
Detention at SEBIN Naguanagua
458. Ms. Escalona was detained in the SEBIN base in Naguanagua for over 10 months until
her conditional release on 26 November 2017. Her cell was poorly equipped with bloodstains
on the walls. Initially she shared the cell with another female detainee but there was only one
mattress so Ms. Escalona slept with a towel on the floor for almost three weeks, before being
given a cushion.
459. Ms. Escalona told the Mission that SEBIN officers abused her verbally and made
sexist insults, notably the Chief Commissioner of the SEBIN central region, who was often
present. On two occasions, he called her a “prostitute”, once in front of a group of laughing
officers. SEBIN officers threatened to send her to El Helicoide should she complain about
her treatment. On 6 August 2017, a former soldier led an attack on a fort in Naguanagua.977
After this, Ms. Escalona was not permitted to leave the cell or receive visits for two months.
She developed a skin condition but was denied medical care. 978
460. SEBIN officers interrogated Ms. Escalona on several occasions. The questions mainly
concerned the weapons they claimed to have found in the car. The officers often sought to
compel Ms. Escalona to testify against Mr. Caro. They told her that Mr. Caro had accused
her of putting the weapons in the car.979
Legal Proceedings
461. Two days after her arrest, on 13 January 2017, Ms. Escalona was brought to the Sixth
Military Court of Control, presided by Judge Mariela Acevedo Santafe, for an initial court
appearance.980
462. Ms. Escalona was charged with rebellion981 and theft of goods belonging to the
FANB.982 Judge Acevedo Santafe found that Ms. Escalona should remain in pre-trial
detention. During the initial appearance, Ms. Escalona met with her private lawyers for the
first time. The judge permitted them access to the casefile ten minutes before the initial
appearance.983
463. On 16 January 2017, Ms. Escalona’s lawyers filed a complaint requesting annulment
of the proceedings, based on the military tribunal’s lack of jurisdiction. Her lawyers argued
975
976
977
978
979
980
981
982
983
According to Ms. Escalona, one of them resigned from his post after two months.
Mission interview with Ms. Escalona on 17 June 2020.
The attack on Fort Paramacay, code name Operation David, was a military assault carried out on the
morning of Sunday, August 6, 2017, between 3.50 a.m. and 8 a.m. in Naguanagua, Carabobo State.
The assault began when a group of 20 civilian dissidents commanded by Juan Caguaripano, a former
captain (deserter since 2014) of the National Guard, stormed the Fort to steal weapons.
Mission interview with Ms. Escalona on 17 June 2020.
Ibid.
Judge Acevedo Santafe is the same judge who adjudicated the case of Gilber Caro. In October 2018,
Judge Acevedo fled to Colombia apologizing to Mr. Caro for his unfair deprivation of liberty. See
Control Ciudadano, Jueza militar pidió perdón a Gilber Caro por procesarlo pese a ser inocente, 3
October 2018, available at: https://www.controlciudadano.org/noticias/jueza-militar-pidio-perdon-agilber-caro-por-procesarlo-pese-a-ser-inocente; EVTV Miami, Jueza militar pidió perdón a Gilber
Caro por procesarlo pese a ser inocente, 3 October 2018, available at: https://evtvmiami.com/gilbertcaro-una-cosa-es-venganza-y-otra-hacer-justicia/
Organic Code of Military Justice, art. 476.1.
Organic Code of Military Justice, art. 570.1.
Information received from Ms. Escalona’s lawyer.
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