A/HRC/45/CRP.11 that the crimes for which Ms. Escalona stood accused are covered under ordinary legislation,984 and that, as a civilian, Ms. Escalona should be tried by an ordinary court.985 The request was dismissed on 26 January 2017. Ms. Escalona’s lawyers appealed the decision before the Military Court of Appeal on 2 February 2017 and did not receive a response. 986 464. On 27 February 2017, prosecutors presented a formal accusation against Ms. Escalona for the same charges presented during the initial appearance. 465. On 16 March 2017, Ms. Escalona’s lawyer presented exceptions to the accusation in accordance with article 311 (1) of the Criminal Procedure Code,987 reiterating the request to consider the proceedings invalid due to lack of jurisdiction of the military tribunal. They also argued that the evidence presented was insufficient to demonstrate the elements of the crimes. The lawyers argued that the chain of custody for the automatic rifle allegedly found in the car had been broken in violation of article 187 of the Criminal Procedure Code, as the pictures of the rifle presented as evidence were taken at the SEBIN premises in Naguanagua, rather than at the moment it was supposedly found.988 The defence lawyers also argued that they had not been able to prepare an adequate defence. 466. The preliminary hearing was deferred several times. With each deferral, Judge Acevedo Santafe ordered the continued pre-trial detention of Ms. Escalona. Ms. Escalona told the Mission that, on a couple of occasions, Judge Acevedo Santafe suspended the hearing after making a phone call to someone she referred to as “my boss”. On two occasions, the judge announced that she was calling Tareck el Aissami, then-Vice-President.989 Ms. Escalona also reported having seen Judge Acevedo Santafe at the SEBIN in Naganagua on at least two occasions.990 467. On 26 November 2017, Ms. Escalona was summoned to court and informed she had been granted house arrest. Ms. Escalona told the Mission that the SEBIN officers who accompanied her to court expressed their surprise at this, as it was their understanding that she was supposed to be conditionally released. The judge explained that she did not have orders from Caracas to free her. Later that day, the judge announced that she had received a phone call from Caracas and Ms. Escalona could be freed.991 468. Ms. Escalona was released on condition that she remained in Venezuela and presented herself to the court every 15 days. On those occasions, Judge Acevedo Santafe told her that if she left the country, Mr. Caro would never be freed. After Mr. Caro’s first release, the judge began telling Ms. Escalona that Mr. Caro would be rearrested should she abscond. 992 Mr. Caro was detained again and Ms. Escalona left Venezuela in March 2019. Findings 469. Based on the facts above, the Mission has reasonable grounds to believe that Steyci Escalona was victim of arbitrary detention. Officers from the SEBIN headquarters in Naguanagua, Carabobo, were involved. Ms. Escalona was held at the SEBIN headquarters in Naguanagua, under the authority of the Chief Commissioner of SEBIN Central Region. 984 985 986 987 988 989 990 991 992 112 Criminal Code, art. 143 and Law for the Disarmament and Control of Weapons and Ammunitions. Exception for incompetence, 16 January 2017, on file with the Mission. Information received from Ms. Escalona’s lawyer. Article 311, Powers and burdens of the parties: “Up to five days before the expiration of the period set for the preliminary hearing, the Prosecutor, the victim, provided that they have sued or have presented their own private accusation, and the accused, may carry out the following acts in writing: 1. Oppose the exceptions provided for in this Code, when they have not been raised previously or are based on new facts”. Exceptions against the prosecutor’s accusation, 16 March 2017, on file with the Mission. Mission interview with Ms. Escalona, 17 June 2020. SEBIN is a decentralised body of the VicePresidency of the Republic. SEBIN organic law, Gaceta Oficial No. 41.021, 1 November 2016, art. 3. Mission interview with Ms. Escalona on 17 June 2020. Ibid. Ibid.