A/HRC/45/CRP.11
1250. A reliable source told the Mission that, despite the involvement of 11 officers during
the OLHP in the sector, the Thirty-Ninth National Public Prosecutor’s Office charged only
one officer with the aggravated pre-meditated homicide,2233 unlawful deprivation of
liberty,2234 violation of domicile2235 and improper use of a service weapon.2236 The same
source also informed the Mission that the alleged perpetrator has detention measures in place
that are not being complied with, meaning that he remains at liberty. 2237
1251. According to consistent information received by a witness who had direct knowledge
of the case, the Public Prosecutor’s Office focused the investigation on the responsibility of
the direct perpetrator, without analysing facts in their context. Actions were not taken to
clarify the chain of command and the case was dealt with as the personal performance of an
individual acting independently from combined military structures.2238
1252. The investigation only focused on the circumstances surrounding the death of C4FF24
and did not address the detention of his relatives, nor the bad treatment they claim to have
suffered while in custody.2239
1253. At the time of writing, the case was still awaiting trial. During a preliminary hearing,
which took place on 12 December 2019 before the Twenty-Second Tribunal in Control
Functions of the Criminal Judicial Circuit in Caracas, the control judge accepted the Public
Prosecutor’s Office’s request to charge the officer with the crimes mentioned above. The
victim’s relatives were not notified of the hearing, as required by national law. The case was
still pending and the evidentiary hearing has been postponed at least three times.2240
1254. On 7 August 2020, the Mission contacted the Government requesting a status update
in this case. At the time of writing, it had not received a response.
Other Related Cases: The Death of Two Young Brothers
1255. The Mission was also able to speak to C4FF13, a female relative of two brothers who
were also killed during the operation on 10 March 2017. 2241 They also lived in Los Jardines
sector, in a two-storey house with a living room, kitchen, two bathrooms and two bedrooms
on the ground floor, and a further three bedrooms and a bathroom on the top floor.
1256. That day, five people were inside the house. The eldest brother did not have a steady
job, but sometimes unloaded trucks at Coche parish market. The youngest was still in school.
C4FF13 told the Mission that neither of them had a criminal record.
1257. According to C4FF13, both young men were on the top floor when seven police
officers, six men and one woman, arrived at 6.30 a.m. The eldest brother was sleeping. The
youngest had woken up at 6 a.m. to get ready to go to school. The police officers knocked on
the door and rushed in. The two boys ran downstairs, so that all five people were in the same
room on the ground floor.2242
1258. Once inside, the officers informed the family that they were carrying out an operation.
They were requested to show the search warrant, but responded that they were acting under
presidential order. C4FF13 told the Mission that the agents presented themselves as PNB.
All had their faces covered and all but one were wearing black uniforms. 2243
1259. The officers locked C4FF13 and other female relatives in one of the rooms on the first
floor. Just before being forced into the room, C4FF13 saw police officers forcing the men to
2233
2234
2235
2236
2237
2238
2239
2240
2241
2242
2243
246
Criminal Code, art. 405 and ff.
Criminal Code, arts. 175 and 176.
Criminal Code, arts. 183 and 184.
Criminal Code, art. 277-283. Law for Disarmament and Control of Arms and Ammunition, art. 115
Mission Interview C4FF12 in April 2020.
Ibid.
Ibid.
Ibid.
Mission Interview C4FF13 in May 2020.
Ibid.
Ibid.
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