A/HRC/45/CRP.11
testimony.1243 Mr. Requesens remembered making the second video. He told his lawyer that
SEBIN officers had made him wear shorts soiled with excrement as they filmed him. 1244
621. On 14 August 2018, the Public Prosecutor’s Office announced that Mr. Requesens
would be charged with the following crimes: treason;1245 terrorism;1246 frustrated intentional
homicide against the President;1247 attempted pre-meditated homicide against seven military
officers;1248 association to commit crimes;1249 continuous public instigation;1250 and illegal
possession of arms and ammunition.1251
622. The prosecution did not present the video containing the purported confession in court
as evidence against Mr. Requesens. The defence requested that the videos be included in the
case, but the judge deferred the decision to the Public Prosecutor’s Office. The judge
adjourned the hearing, saying that she would announce her decision the following day. 1252
623. At around 11 a.m. on 14 August 2018, Attorney General Tarek William Saab, gave a
press conference stating that Mr. Requesens would remain in pre-trial detention. He also said
that a toxicology exam and a medical and psychological examination would be ordered. 1253
The judge had still not announced her decision.
624. Hours later, the judge confirmed that Mr. Requesens would remain in SEBIN
headquarters. She ordered the confiscation of Mr. Requesens’ movable and immovable assets
and froze his bank accounts. She placed the assets under the control of the National Office
against Organized Crime.1254
Medical Examination
625. On 21 August 2018, Mr. Requesens was examined by SENAMECF.1255 A certificate
dated 29 August 2018 confirmed that blood and urine tests were made to find traces of
alcohol, marijuana or cocaine. The test, made 14 days after the arrest, was negative.
SENAMECF did not test for substances of scopolamine and derivative products, despite
allegations from family members, defence lawyers and other opposition members 1256 that
such drugs had been used to induce the statement that Mr. Requesens said he could not
remember making.1257
626. The Mission consulted an independent toxicologist and medical doctor who explained
that clinical effects of scopolamine include retrograde amnesia, submission and pupil
dilation, among other symptoms. Identifying scopolamine residues requires a specific test
known as a chromatography HPLC test or spectrometry (GC-MS or LC-MS), available at
1243
1244
1245
1246
1247
1248
1249
1250
1251
1252
1253
1254
1255
1256
1257
138
Mission Interview with Joel Garcia on 11 May 2020; Mission Interview with Rafaela Requesens on
18 May 2020.
Mission Interview with Joel Garcia on 11 May 2020.
Criminal Code, art. 128.
Organic Law against Organized Crime and the Financing of Terrorism, art. 52.
Criminal Code, art. 405 and 406 numeral 3 a.
Criminal Code, art. 405 and 406 numeral 2.
Organic law against organized crime and financing of terrorism art. 37.
Criminal Code, art. 285.
Law for the disarmament and control of weapons art. 111.
Mission Interview with Joel Garcia on 11 May 2020.
YouTube Video, Luigini Bracci Roa, Fiscal General Tarek William Saab, 14 agosto 2018, sobre
atentado contra Maduro, 14 August 2018, available at:
https://www.youtube.com/watch?v=Kdlxrn0Olg4
Tribunal ordena congelar cuentas y confiscar bienes del diputado Requesens available at:
https://www.descifrado.com/2018/08/15/tribunal-ordena-congelar-cuentas-y-confiscar-bienes-deldiputado-requesens/.
CIDH Resolution 79-2018, Medida Cautelar No.1039-18, Government Response, para. 8.
NTN24, Expertos coinciden en que Requesens pudo haber sido dopado, 10 August 2018, available at:
https://www.ntn24.com/america-latina/venezuela/expertos-coinciden-en-que-requesens-pudo-habersido-dopado-95362; https://twitter.com/joseolivaresm/status/1028053319703580674?s=20.
Mission Interview with Joel Garcia in May 2020; Mission Interview with Rafaela Requesens on 18
May 2020.
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