A/HRC/45/CRP.11 The Arrest 764. On the morning of 18 May 2018, Captain Luis de la Sotta was at Bahía de Turiamo navy station, his place of work. His immediate supervisor, Rear Admiral Edward Ojeda Sojo, informed him that a commission from DGCIM would be arriving from Caracas to question him.1460 765. Later that day, eight men in black DGCIM uniforms arrived by helicopter, carring long firearms. They threatened Captain de la Sotta with their weapons, forcing him into the helicopter. They did not present an arrest warrant. The Rear Admiral also flew in the helicopter to accompany the DGCIM officers as they delivered Captain de la Sotta to DGCIM headquarters in Boleíta, Caracas.1461 766. Once at DGCIM headquarters, officers began to question Captain de la Sotta regarding the Operation Armageddon. The DGCIM officers did not allow Captain de la Sotta to call his family or lawyers to inform them of his arrest and whereabouts. 1462 767. On 19 May 2018, Captain de la Sotta’s relatives began to look for him in various detention centres, including DGCIM Boleíta. They were unable to obtain official information, with most detention centres closed to the public on 19 May 2018 for election weekend.1463 768. On 19 May 2018, DGCIM sent the Military Prosecutor’s Office a communication, signed by DGCIM Director of Investigations, Rafael Antonio Franco Quintero,1464 transmitting the 16 May 2018 intelligence report and requesting that the office open a criminal investigation against Captain de la Sotta. 769. On the same day, the Ninth National Military Prosecutor’s Office requested an arrest warrant for Captain de la Sotta and three other officers. Military prosecutors First Lieutenant Keyla Emilse Ríos Lara and First Lieutenant Israel Alfredo Echenique López filed the request to the First Military Court of Control. The prosecutors also requested that Captain de la Sotta be held in pre-trial detention.1465 The men were charged with the military crimes of treason, instigation of military rebellion, mutiny, crimes against decorum.1466 770. On 20 May 2018, the judge of the First Military Court of Control, Major Claudia Pérez de Mogollón issued the arrest warrant.1467 At 10 p.m. that day, a DGCIM investigator recorded in a criminal investigation report informing that he had implemented arrest warrant 143-18 against Captain de la Sotta “as instructed by Colonel Rafael Antonio Franco Quintero”.1468 On this basis, the Government implied that the day of detention was 20 May, rather than 18 May 2018. Interrogation in DGCIM Boleíta 771. According to his sister, Molly de la Sotta, from 18 to 21 May 2018, Captain de la Sotta was detained in DGCIM headquarters. His relatives continued to inquire about him, but no official information was revealed about his whereabouts. Ms. de la Sotta told the Mission that from 18 to 20 May, Captain de la Sotta was locked in a 2 x 2 metre room and interrogated while handcuffed, blindfolded and hooded. Four DGCIM officers beat him with sticks and 1460 1461 1462 1463 1464 1465 1466 1467 1468 Mission Interview with Molly de la Sotta in May 2020; Urgent Appeal UA VEN 2/2020 by United Nations Special Rapporteur on torture and United Nations Working Group on Arbitrary Detention on 5 March 2020, on file with the Mission. Ibid. Ibid. Document C3DD02, on file with the Mission. Comunicación DGCIM 826-1-2018, on file with the Mission. Apprehension Order request based on report DGCIM -DIIPC-IC-002-2018, on file with the Mission. Organic Code of Military Justice, art. 464, num. 25, art. 476, num.1, sanctioned 481, arts. 488-489, num. 4, art. 570, num 1 and art. 565. Approval of arrest warrant 207 and 158, signed by Judge Claudia Pérez de Mogollón, on file with the Mission. DGCIM-DEIPC-AIP 335-2018, on file with the Mission. 163

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