A/HRC/45/CRP.11 investigations should continue, but found the detention of Mr. Navarro, C2EE09 and others in violation of their personal liberties, yet ordered the continued pre-trial detention of C2EE09, El Tigre and four others, to safeguard the investigation. 1070 Mr. Navarro and the three others were granted conditional release with precautionary measures, upon confirmation of bail.1071 511. Mr. Navarro told the Mission that he and the other three detainees granted conditional release filed the required documents for bail, but bail was not confirmed. As a result, they remained in El Helicoide, despite a request by the judge to verify the status on 19 March 2018.1072 El Helicoide 512. After the initial appearance, C2EE09 spent a night in a crowded women’s cell, before being taken to “El Bañito,” where she was held alone in darkness. She could not tell night from day, but believes she remained there for four or five days. The cell had no running water. She had to use a plastic container as a toilet, and pass it to the guards when they opened the door to provide her food.1073 513. None of the Brave Heart detainees were allowed visits from family members or lawyers during their four months in El Helicoide. SEBIN officers and the other female detainees told C2EE09 that visits were only allowed after around six months. One commissioner told her, “You have to earn it”. Another official told her that political prisoners did not receive such privileges. She was not transferred to court, despite scheduled hearings. Officers provided reasons including flat tyres and undelivered transfer orders. The other detainees, including Mr. Navarro, suffered similar disappointments.1074 514. Mr. Navarro and the other men were held in a cell called “Preventivo I”. Sixteen detainees, both political and non-political, were held together in a small space, without mattresses or regular access to water. The cell was monitored by a camera 24 hours per day and sometimes an officer sat in the cell. Mr. Navarro told the Mission that there were four minors in the cell with him. He suffered fever, diarrhoea and vomiting, but did not receive medical attention.1075 515. Mr. Navarro said that at one point a group of guards came to the cell, appearing to be inebriated or drugged. They pointed their weapons at the inmates saying, “We’re going to kill you, you damned faggots (marisquitas)”. The minors were present at this time.1076 Legal Proceedings 516. On 12 March 2018, the Eighthy-Seventh Provisional Prosecutor, Sahir Yanira Cortez Bastidas, filed a formal accusation against 10 Brave Heart related accused on behalf of the Fifty-Seventh Prosecutor’s Office, for charges pre-qualified by the presiding judge.1077 Defence counsel filed objections, claiming insufficient evidence and the lack specific information related to the public incitement and conspiracy charges. 1078 Judge Pérez scheduled a preliminary hearing for 12 April 2018,1079 and notified SEBIN that the accused must be transferred to court on that date.1080 The accused were not transferred and the hearing was deferred and rescheduled for 14 May 20181081 with SEBIN again notified that the accused 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 Ibid. Ibid. Letter No. 296-18 directed to the Coordinator of Bail Services from Judge Perez Alvarado, 19 March 2018, on file with the Mission. Mission Interview with C2EE09 in June 2020. Mission Interview with Victor Navarro on 29 May 2020; Mission Interview with C2EE09 in June 2020. Mission Interview with Victor Navarro on 29 May 2020. Ibid. Act No. AMC-F57-0411-2018, 12 March 2018, on file with the Mission. Filing, [no date], Criminal Case File (III), Folios 50-67, on file with the Mission. Judicial Order, 13 March 2018, Criminal Case File (II), Folio 172, on file with the Mission. Notice of Transfer, 13 March 2018, Criminal Case File (II), on file with the Mission. Act of Deferral, 12 April 2018, Criminal Case File (II), Folio 249, on file with the Mission. 121