A/HRC/45/CRP.11
must be brought to court on that date.1082 SEBIN did not do so, and the hearing was again
deferred,1083 this time until 12 June 2018.1084
517. Throughout this time, Judge Pérez Alvarado requested SEBIN Director to provide
information to the court regarding the incommunicado status of the detainees on four
occasions.1085 SEBIN refused to comply, first claiming a system outage and then that officers
were not authorized to receive communications without an order from the Director. The
Bailiff Service communicated these refusals to the Judge.1086
Release under Non-Custodial Measures
518. On 1 June 2018 President Maduro announced the release of “leaders and militants
from the opposition who had committed violent political crimes” from 2014 to 2017 in a
televised statement.1087 Thirty-nine people were released on 1 June and 40 more were released
on 2 June 2018.1088 C2EE09, Mr. Navarro and the others were released on 2 June with
precautionary measures.1089 The charges against Mr. Navarro, C2EE09 and the others
remained pending at the time of writing, with precautionary measures in place over two years
later. The preliminary hearing had not been held as of writing.
519. The Mission contacted the Government requesting a status update in this case on 7
August 2020. At the time of writing, it had not received a response.
Findings
520. Based on the facts above, the Mission has reasonable grounds to believe that arbitrary
arrest and detention, as well as torture and cruel, inhuman or degrading treatment were
committed against Victor Navarro and C2EE09. There are also reasonable grounds to believe
that other male detainees were also victims of arbitrary arrest and detention, as well as torture
and cruel, inhuman or degrading treatment during their arrest and detention along with Victor
Navarro and C2EE09. The Mission has reasonable grounds to believe that sexual violence
was committed in the form of threats to rape Victor Navarro and his loved ones as part of the
acts of torture.
521. SEBIN officers from the Strategic Investigations Directorate, under the leadership of
Commissioner Carlos Caldern Chirinos, were involved in the arbitrary arrests and detentions
of Victor Navarro, C2EE09 and four others. FAES officers were involved in the arrests of
five other male detainees, who were then handed to SEBIN officers in El Helicoide for
interrogation. SEBIN officers from the Strategic Investigations Directorate were involved in
the torture and cruel, inhuman or degrading treatment of the individuals.
522. The Mission also has reasonable grounds to believe that the conditions of detention in
El Helicoide facilities, where Mr. Navarro, C2EE09 and the other detainees were held,
amount to a violation of the prohibition of torture and cruel, inhuman or degrading treatment.
1082
1083
1084
1085
1086
1087
1088
1089
122
Notice of Transfer, 12 April 2018, Criminal Case File (II), Folio 176, on file with the Mission.
Act of Deferral, 14 May 2018, Criminal Case File (III), Folio 85, on file with the Mission.
Notice of Transfer, 14 April 2018, Criminal Case File (III), Folio 87, on file with the Mission.
On 4 April, 16 April, 25 April and 14 May 2018.
Order No. 343-18, 4 April 2018, Criminal Case File (II), Folio 210; Document from Judge Perez
Alvarado, 16 April 2018, Criminal Case File (II, Folio 262; Order No. 408-18, 16 April 2018,
Criminal Case File (II), Folio 263; Document without number, from Bailiff Service to the 31 st Circuit
Control Court, 23 April 2018, Criminal Case File (III), Folio 7; Order No. 448-18, 25 April 2018,
Criminal Case File (III), Folio 18; Document without number, from Bailiff Service to the 31 st Circuit
Control Court, 30 April 2018, Criminal Case File (III), Folio 25; Order No. 544-18, 14 May 2018,
Criminal Case File (III), Folio 84, on file with the Mission.
YouTube Video, Luigioi Bracci Roa, Situación en Venezuela, Reunion complete de Nicolas Maduro
con el Frente amplio de la Patria en Miraflores 1 Junio 2018, 1 June 2018, from minute 00:35:50,
available at: https://www.youtube.com/watch?v=thoxs2PugHk
La Opinion, Tres diputados entre segundo grupo de presos políticos liberados en Venezuela, 2 June
2018, available at: https://www.laopinion.com.co/venezuela/tres-diputados-entre-segundo-grupo-depresos-politicos-liberados-en-venezuela-155651?f#OP
Release Orders, 2 June 2018, Criminal Case File (III), Folios 115-135; Mission Interview C2EE08
and C2EE09 held in May 2020.
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