A/HRC/45/CRP.11
387. On 19 February 2014, Mr. López appeared before temporary judge Ralenys Tovar,
president of the Sixteenth Caracas Procedural Court. The hearing took place on a bus outside
Ramo Verde, outside Judge Tovar’s territorial jurisdiction Mr. Lopez. The charges
mentioned in the arrest warrant were confirmed with the exception of those for homicide,
terrorism and bodily harm. Judge Tovar ordered Mr. López’s detention in Ramo Verde
military prison, despite his civilian status. 869
388. The preliminary hearing began on 3 June 2014 before the Sixteenth Caracas Court of
Control, led by Judge Adriana López. Mr. López’s case was combined with four students
accused in the same incident.870 According to Mr. López’s lawyer, the students did not know
Mr. López and were not associated with his political party.871 The students described CICPC
officers torturing them in at CICPC headquarters at Plaza Parque Carabobo, pointing guns at
their heads and forcing them to sign both confessions and declarations against Mr. López. 872
According to Mr. López’s lawyer, 138 evidentiary submissions presented against Mr. López
were accepted, while all but one put forward by the defence in his favour were rejected,
including technical and direct witness information.873
389. On 23 July 2014, Mr. López’s trial began before the Twenty-Eighth Tribunal, led by
Judge Susana Barreiros. The trial continued for 13 months, with many hearings deferred.
Prior to the trial, on 3 November 2014, the UN Working Group on arbitrary detention
published opinion 26/2014, requesting the Government to free Mr. López given the arbitrary
nature of his detention.874 Judge Barreiros rejected it as external interference in sovereign
matters.875 One of the students, Christian Holdach, identified his alleged torturer in court,
having recognized him during the hearing. According to Mr. López’s lawyer, the judge
responded by saying it was the prosecutor’s responsibility to investigate the allegation.876
390. On 10 September 2015, Judge Barreiros found Mr. López guilty of all charges and
sentenced him to 13 years and nine months’ imprisonment. 877 The students were also
convicted but granted conditional release.878 The judgement was published on 2 October
2015. On 23 October 2015, Franklin Nieves, the prosecutor in Mr. López’s case, released a
video accusing his superiors and the Executive of pressuring him to accuse Leopoldo López
falsely.879
869
870
871
872
873
874
875
876
877
878
879
Ibid.
Ángel González Sánchez (19); Demian Martín García (18); Christian Holdack (34); and Marco
Aurelio Coello (18). See Case 35: Marches and deaths in protest (12 February 2014).
Mission interview with Juan Carlos Gutiérrez, Leopoldo López’s lawyer, in July 2020.
See TalCual digigal, Entrevista completa a Marco Coello en CNN en Español, 16 September 2015,
available at https://www.youtube.com/watch?v=hGO1zHMzJZ4
Mission interview with Juan Carlos Gutiérrez, Leopoldo López’s lawyer, on 3 July 2020. See also:
Acceso a la Justicia, Cronología del caso Leopoldo López, 25 August 2016, available at:
https://www.accesoalajusticia.org/cronologia-del-caso-leopoldo-lopez/
A/HRC/WGAD/2014/26.
América Económica, Continúa el juicio, 14 November 2014, available at:
https://americaeconomica.com/noticia/19426/reportaje/continua-el-juicio.html. In December 2015,
Judge Barreiros was appointed General Public Defender by the National Assembly, whose President
at the time was Diosdado Cabello. See EFE, La jueza que condenó a López es designada defensora
pública general de Venezuela, 10 December 2015, available at:
https://www.efe.com/efe/america/politica/la-jueza-que-condeno-a-lopez-es-designada-defensorapublica-general-de-venezuela/20000035-2786917
Mission interview with Juan Carlos Gutiérrez, Leopoldo López’s lawyer, in July 2020.
Mr. Lopez was found guilty of: public incitement to violence (article 285 of the Criminal Code);
damage to public property (articles 473 and 474 together with 83 of the Criminal Code); arson (article
343 of the Criminal Code) and criminal association (article 37 of the Criminal Code together with
article 27 and 29 [3 and 7] of the Organic Law against Organized Crime and Financing of Terrorism.
Christian Holdack was convicted to 10 years and 6 months for arson, damages, public incitement and
criminal association, while Demian Martín García and Ángel de Jesús González were convicted to 4
years and 6 months for public incitement.
YouTube Video, Lapatilla Patillavideo, Primeras declaraciones del fiscal Franklin Nieves -CASO
LEOPOLDO LÓPEZ- a su salida de Venezuela, 23 October 2015, available at
https://www.youtube.com/watch?v=gfbJ8CUOiuo
99
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents