A/HRC/45/CRP.11
574. 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
575. Based on the facts above, the Mission has reasonable grounds to believe that Geraldine
Chacón and Gregory Hinds were subject to arbitrary arrest and detention.
576. SEBIN officers from the Directorate of Strategic Investigations, under the leadership
of Commissioner Carlos Calderón Chirinos, were involved in the arbitrary arrests and
detentions. The Mission also has reasonable grounds to believe that the conditions of
detention in El Helicoide facilities, where Ms. Chacón and Mr. Hinds were held, amount to
a violation of the prohibition of torture and cruel, inhuman or degrading treatment.
CASE 8: Angel Zerpa
577. Ángel Zerpa Aponte is a lawyer, academic and career judge. He was a Caracas Appeal
Court judge, until the Supreme Court’s judicial commission suspended him on 21 July
2010.1176 The reasons for his suspension were not made clear, but Mr. Zerpa believes it was
related to a decision involving former Defence Minister Italo Alliegro. 1177
578. After the suspension, Mr. Zerpa worked as an academic. On 11 July 2012, he
submitted a complaint to the Supreme Court questioning the constitutionality of the Criminal
Procedure Code.1178
579. In May 2017, together with other jurists, Mr. Zerpa requested that the Public
Prosecutor’s Office open a criminal investigation against the Supreme Court judges who had
issued judgments No. 155 and 156 in March 2017. The complaint alleged that the judges
broke constitutional order and committed the crime of conspiracy. 1179
580. In June 2017, together with other jurists, Mr. Zerpa presented a complaint to the Public
Prosecutor’s Office about National Electoral Council conduct and requested an investigation
into the holding of National Constituent Assembly elections without a prior consultative
referendum.1180
581. Also in 2017, Ángel Zerpa acted as defence lawyer for former Attorney General Luisa
Ortega Díaz during preliminary hearings in a case National Assembly deputy Pedro Carreño
brought against her.1181
1176
1177
1178
1179
1180
1181
Supreme Court Judicial Commission, Resolution No. 2010-0077, 21 July 2010, available at:
http://www.tsj.gob.ve/es/web/tsj/resoluciones
Mission interview with Judge Zerpa, 27 May 2020. See Supreme Court, Judgment No, 1673 of 4
November 2011, available at: https://vlexvenezuela.com/vid/italo-valle-augusto-alliegro-331349874
Recurso de Nulidad Parcial del COPP 2012 con Medida Cautelar intentado por el Prof. Ángel Zerpa
Aponte, ante la Sala Constitucional (Parte I), 5 July 2012, available at:
http://www.franciscosantana.net/2012/07/recurso-de-nulidad-parcial-del-copp.html
Resumen Digital, Abogados piden a Fiscalía enjuiciar a magistrados de la Sala Constitucional, 26
May 2017, available at: http://resumendigital.com/abogados-piden-a-fiscalia-enjuiciar-a-magistradosde-la-sala-constitucional
La Voce d’Italia, Solicitan antejuicio de mérito contra rectores del Cne, 22 June 2017, available at:
https://voce.com.ve/2017/06/22/248444/solicitan-antejuicio-de-merito-contra-rectores-del-cne/
El Estímulo, Pedro Carreño solicita al TSJ estudiar antejuicio de mérito contra Luisa Ortega Díaz, 16
June 2017, available at: https://elestimulo.com/pedro-carreno-solicita-al-tsj-estudiar-antejuicio-demerito-contra-luisa-ortega-diaz. Later, while Mr. Zerpa was in detention, high-level Government
representatives twice mentioned his role defending Ms. Ortega during television programmes. The
Minister of the Penitentiary System, Iris Varela, mentioned him on State television on 25 July 2017,
and Diosdado Cabello mentioned him on his show “Con el Mazo Dando” on 26 July 2017. On this
programme, Mr. Cabello showed videos and images of Mr. Zerpa’s detention, referring to his arrest in
the context of the “tun-tun” operations. See: YouTube Video, Multimedio VTV, La Hojilla: Jesús
Rojas denuncia ser nombrado “magistrado” del TSJ por Borges usurpando su identidad, 25 July 2017,
video on file with the Mission; and YouTube Video, Durrutino, Con el Mazo Dando 2017.07.26 con
Diosdado Cabello, 27 July 2017, minute 2:29:10, available at: https://www.youtube.com/watch?v=4tIeXbyIpc
131
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