A/HRC/45/CRP.11
648. The forensic medicine unit issued a death certificate to the family on the same day.
Cause of death was recorded as “severe cranial encephalic trauma; secondary hypovolemic
shock; abdominal pelvic thoracic trauma from a fall from height”.1285 The certificate was not
dated.
649. When the family requested a dated certificate on 9 October 2018, authorities issued a
new death certificate. The cause of death had been amended to “severe craniofacial trauma”
(rather than severe cranial encephalic trauma) and was signed by a different doctor.1286 The
first doctor was registered as a community doctor (general practitioner) and did not appear to
have expertise in anatomical pathology, in contravention to the Criminal Procedure Code. 1287
The second doctor identified himself in the death certificate with an identity card number
that, according to the website of the National Electoral Council, corresponds to another
person.
650. On 10 October 2018, Attorney General Tarek William Saab made a second statement
about Mr. Albán’s death, based on the autopsy.1288 He revealed that five tests had been
ordered and an audit of security footage and planimetric survey (to collect metric information
from the crime scene) were being carried out. According to the Attorney General, the autopsy
confirmed that Mr. Albán had fallen to his death and that he had been alive on impact.1289 He
said that the autopsy provided no indications that Mr. Albán had been tortured or physically
abused.1290
651. Contradicting his previous statement, the Attorney General added, “It has never been
said that Fernando Albán threw himself out of the bathroom window. When he said he wanted
to go to the bathroom, he took advantage of the circumstance and ran to throw himself out
from a panoramic window on the tenth floor corridor”.1291
652. National Constituent Assembly president Diosdado Cabello also made statements in
relation to the case on 10 October 2017. On his show “Con el Mazo Dando”, he told the
audience that, “It is very sad that the opposition continues doing politics with death and
doesn’t even respect a person’s decision to end their own life”. 1292
653. On 31 October 2018, a journalist asked Attorney General Tarek William Saab during
a television interview whether Mr. Albán had been handcuffed at the time of his death. He
responded that there was no indication of that.1293 The Attorney General added that anyone
claiming without proof that Mr. Albán did not commit suicide would be committing a felony.
He denied the existence of security footage from the corridor in Plaza Venezuela, but made
reference to footage from cameras in adjacent buildings.1294
1285
1286
1287
1288
1289
1290
1291
1292
1293
1294
142
Death certificate, issued by the Medicatura Forense de Bello Monte, Municipality Libertador of the
Capital District, on file with the Mission.
Death Certificate No. 3790 issued by the Civil Registrar of San Pedro Parish, Libertador
Municipality, Capital District, October 9, 2018 and Death Certificate EV14 No. 90100289, issued by
the Forensic Medicine Office of Bello Monte, Libertador Municipality, Capital District, 9 October
2018 on file with the Mission.
Criminal Procedure Code, art. 200.
YouTube Video, Luigino Bracci Roa, Nueva rueda de prensa del Fiscal Tarek William Saab sobre
muerte de Fernando Albán, 10 octubre 2018, 10 October 2018, available at:
https://www.youtube.com/watch?v=5TsGLC3n88Q
Ibid.
Ibid.
Ibid.
YouTube Video, Luigino Bracci Roa, Lo que dijo Diosdado Cabello sobre la muerte del concejal
Fernando Albán, 10 October 2018, minute 1:49, available at:
https://www.youtube.com/watch?v=pMJd-VHJZF4.
Ibid.
YouTube Video, Globovisión, Fiscal General: Albán murió tras el impacto, sin evidencias de tortura
(2/6), 1 November 2018, minute 2:14, available at:
https://www.youtube.com/watch?v=RBNGy8lv64k
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