A/HRC/45/CRP.11
saw them for an hour on Saturdays. The police often entered his cell, threatened him and beat
him.2045
1158. On 29 October 2015, the Twenty-Third Public Prosecutor’s Office of the Judicial
District of Zulia state charged C4FF08 for drug trafficking and possession. The trial began
on 5 April 2016 in the Eighth Trial Court of Zulia State Criminal Judicial Circuit, under case
No. 8J-1013-16. The trial lasted two months, during which four hearings were held, on 5 and
14 April, 10 May and 6 June 2016.2046
1159. Five police officers from the DIEP Information Research and Processing Section who
participated in arrest stated that CF4408 had been arrested close to a renowned local
restaurant. Their accounts were inconsistent on different aspects of the story, including where
they found the narcotic substance. Their statements on timing of the operation and presence
of witnesses were also contradictory.2047
1160. C4FF08’s lawyers called ten defence witnesses and were able to prove C4FF08’s
innocence. They were also able to show the court that C4FF08 had been removed from his
house in underwear during an OLP and that he had not been carrying the drugs officers
claimed to have found on his person.2048 Prosecution evidence was not sufficiently reliable or
convincing for the Court to determine C4FF8’s criminal responsibility.
1161. After spending 9 months and 27 days in detention, on 13 June 2016, CF4408 was
found not guilty and was released. The judge denied the request presented by the defence to
charge the officials involved for manipulating records and simulating a punishable act. 2049
1162. After the release, C4FF08’s family moved to an apartment located in the centre of
Maracaibo, where they noticed surveillance. C4FF08 recognized some of the officers who
had beaten him during his detention. C4FF08 and his closest family left the country in
2016.2050
Findings
1163. Based on the facts above, the Mission has reasonable grounds to believe that
extrajudicial executions were committed against C4FF19 and C4FF20. CPBEZ officers from
the Maracaibo DIEP and West Department were involved in these violations. The Mission
also has reasonable grounds to believe that C4FF21 and C4FF23 were extra-judicially killed
by security forces during this OLP, although no unit or division has been specified. In spite
of the scarcity of information available relating to C4FF22, based on the circumstances
surrounding his death, the Mission has reasonable grounds to believe that he was also extrajudicially executed by security forces.
1164. The Mission has reasonable grounds to believe that C4FF08 was victim of acts of
torture or cruel, inhuman and degrading treatment committed by police officers belonging to
CPBEZ Maracaibo DIEP Information Research and Processing Section. The same force
detained him arbitrarily.
2045
2046
2047
2048
2049
2050
226
Ibid.
Document C4FF06 on file with the Mission.
Document C4FF06 on file with the Mission.
Ibid.
Ibid.
Mission Interviews C4FF07 and C4FF08 in June 2020.
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