A/HRC/45/CRP.11 take him to the Tumba, but there were no available cells so they transferred him to El Helicoide.1430 736. Upon arriving at El Helicoide, Mr. Jaimes overheard a commissioner tell his custodian to place him in a solitary cell rather than with other detainees.1431 Mr. Jaimes told the Mission that he was again tortured in El Helicoide. Knowing his ribs were injured, an officer took a large branch of plantains and beat him directly on his injured side, causing him to fall to his knees in pain. Another officer then hit him on the side of his head, causing a partial loss of hearing. Officers also threatened to rape him with a broomstick they had on hand. They threatened to capture his loved ones and bring them to El Helicoide. 1432 Initial Court Appearance 737. On 12 May 2018, Provisional Prosecutor Marlon Mora presented charges against Mr. Jaimes at the Third Court of Control in Miranda, with Judge Rumely Rojas Muro presiding. He was charged with interference with operational security,1433 revealing state secrets,1434 and digital espionage.1435 The prosecutor claimed that Mr. Jaimes had been apprehended in flagrante delicto. Mr. Jaimes was assigned a public defender, against his wishes. 1436 738. According to the act of initial appearance, the judge ordered preventative custody at “Yare” Metropolitan Penitentiary Centre However, Mr. Jaimes was not brought to that facility. When his family continued to search for him at El Helicoide, SEBIN officers twice told them he was not there.1437 According to Mr. Jaimes’ family members, they did not know his whereabouts for 33 days.1438 The State, however, reported to the Inter-American Commission on Human Rights that Mr. Jaimes had been remanded to SEBIN, and his family had been duly informed.1439 739. Lawyers from the NGO Espacio Público accompanied Mr. Jaimes’ family to SEBIN offices at El Helicoide on 12, 22 and 27 May 2018 to inquire about his whereabouts. They were not provided any information. On 29 May 2018, Mr. Jaimes’ family filed a writ of habeas corpus with the presiding judge. They also filed complaints with the Public Prosecutor’s Office and the Human Rights Ombudsperson’s Office. 1440 740. On 7 June 2018, when Mr. Jaimes was not transferred to the court for the swearing in of his defence counsel,1441 his family filed a complaint of disappearance to the Public Prosecutor’s Office in Los Teques, Miranda. As the court refused to register his private 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 Mission Interview with Pedro Jaimes Criollo in July 2020. Ibid. The Mission confirmed this with Mr. Jaimes. The original statement was provided to El Diario, 22 November 2019, complete footage verified by and on file with the Mission; Es Caracas, “Torturas, maltratos y amenazas de violación”: Lo que denunció Pedro Jaimes sobre El Helicoide”, 18 October 2019, available at: https://escaracas.com/ccsnews/2019/10/18/torturas-maltratos-y-amenazas-deviolacion-lo-que-denuncio-pedro-jaimes-sobre-el-helicoide/. Law on Civil Aeronautics, published in Official Gazette No. 38,226, 12 June 2005, art. 140: “Anyone who illicitly interferes through any act or deed with the operational security or civil aviation shall be punished with six to eight years in prison”. Criminal Code, published in Official Gazette No. 5,768, 13 April 2005, article 134: “Anyone who improperly and to the detriment of the Republic, reveals political or military secrets concerning the security of Venezuela, be it communicated or published either through documents, data, drawings, plans or other information relative to materials, installations or military operations, or any other manner, shall be punished with seven to ten years in prison”. Special Law on Cyber Crimes, published in Official Gazette No. 37,313, 30 October 2001, article 11: “Anyone who improperly obtains, reveals or disseminates data or information contained in a system that uses information technology or any of its components, shall be punished with three to six years in prison and a fine of 300 to 600 tributary units […]”. Interview conducted by El Diario, 22 November 2019, verified by and on file with the Mission. Resolution 78/2018, Cautionary Measure 688-18 on behalf of Pedro Patricio Jaimes Criollo, InterAmerican Court on Human Rights, 4 October 2018. Ibid. Ibid. Letters dated 29 May 2018 and 05 June 2018, on file with the Mission. https://twitter.com/espaciopublico/status/1004840982670606338. 159