A/HRC/45/CRP.11
acts. In the same speech, he claimed that Mr. Albán’s wife was linked to a lieutenant colonel
who has been accused of involvement in the drone attack of 4 August 2018.1319
667. On 7 March 2019, Mr. Albán’s lawyer. Mr. Ramon Alfredo Aguilar, requested
precautionary measures from the Inter-American Commission on Human Rights for himself,
other members of the legal team and his family members, after feeling intimidated by the
close attention of DGCIM officers, following his involvement in the case. 1320 He eventually
sought asylum in Colombia.1321
668. The Mission contacted the Government requesting a status update in this case on 2
June 2020. At the time of writing, it had not received a response.
Findings
669. Based on the facts above, the Mission has reasonable grounds to believe that arbitrary
arrest and detention were committed against Mr. Albán. Furthermore, Mr. Albán died while
in custody of the SEBIN authorities, which also involves a presumption of state
responsibility.1322
670. Based on the investigation conducted on the case, the Mission has strong reservations
about the qualification of suicide in relation to the death of Mr. Albán and has reasonable
grounds to believe that public officers were involved in his death, amounting to an arbitrary
deprivation of life.
671. Mr. Albán was detained by SEBIN officers and was in the custody of the Coordination
of Special Operations, dependent on the Counter-Intelligence Directorate of SEBIN when he
died.
CASE 11: Roberto Marrero
672. Roberto Marrero is a Venezuelan lawyer, and founder member of political party
National Voluntad Popular. He was the director (2008-2012) and then counsellor (20132015) of the townhall (alcaldía) of Baruta municipality, part of the Caracas Metropolitan
District. In 2016 and 2017, he acted as Secretary for the National Assembly. In 2014 and
2015, he worked as a defence lawyer for Leopoldo López.
673. On 8 February 2019, Mr. Marrero became Juan Guaidó’s Chief of Staff. He travelled
with Mr. Guaidó to Cúcuta, Colombia, in February 2019, for what they described as a
humanitarian aid project.
Arrest
674. On 15 March 2019, a SEBIN inspector drafted a criminal investigation report alleging
that Roberto Marrero was between Táchira (Venezuela) and Cúcuta (Colombia) to smuggle
weapons and to recruit foreign individuals to overthrow the Maduro Government. SEBIN
requested that the Public Prosecutor’s Office open a criminal investigation against Mr.
Marrero and grant search and arrest warrants. 1323
675. On the same day, 15 March 2019, provisional prosecutors with the Public Prosecutor’s
Office, Farik Karim Mora Salcedo1324 and Dinora Bustamante Puerta1325 opened an
1319
1320
1321
1322
1323
1324
1325
146
Mission Interview with Meudy Osio in May 2020; See also, YouTube Video, Luigino Bracci Roa,
Jorge Rodríguez, rueda de prensa sobre sucesos en frontera Venezuela-Colombia, 24/02/2019, 24
February 2019, available at: https://www.youtube.com/watch?v=ZeNLBSxozGA&feature=youtu.be
Measure MC-236-19, Request to the Inter-American Commission on Human Rights for precautionary
measures in favor of the lawyers of Fernando Albán’s family, 7 March 2019.
Mission Interview with Ramon Alfredo Aguilar in May 2020.
CCPR/C/GC/36. “Loss of life occurring in custody, in unnatural circumstances, creates a presumption
of arbitrary deprivation of life by State authorities, which can only be rebutted on the basis of a proper
investigation which establishes the State’s compliance with its obligations under article 6”.
Extracts of Police record of 15 March 2019, on file with the Mission.
Sixty-seventh National Provisional Prosecutor against corruption.
Eighty-third National Provisional Prosecutor against corruption, money laundering and financial and
economic crimes.
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