A/HRC/45/CRP.11 they detained her in an office with Brave Heart detainees for two days. She was the only woman, detained with a group of men, some of whom she did not know. 1057 Public Declarations 505. That evening Diosdado Cabello presented a segment about “Operacion Tun Tun” on his television show. He presented what he called a confession video featuring El Tigre, apparently filmed on 23 January 2018. In the video, El Tigre claimed he and member of “Resistencia Altamira” attacked a group of PNB officers. He also said he witnessed a conversation in which María Corina Machado offered a group member 200,000 bolivars for each car they set on fire.1058 A witness told the Mission that El Tigre had been tortured and was forced to make these statements.1059 506. Mr. Cabello presented photographs of nine young men, including Mr. Navarro, taken in El Helicoide, under the heading “Terrorist Cell – Brave Heart” with the word “Captured” superimposed.1060 Mr. Cabello stated that Operation Tun Tun would continue to dismantle the terrorist cell. The following week, SEBIN officers arrested Gregory Hinds and Geraldine Chacón of the Community Ambassadors Foundation (FEC) in connection with this operation.1061 507. Mr. Navarro’s family learned of his detention by watching this television programme.1062 His mother went to look for him at El Helicoide, but officers told her to check the morgue instead.1063 Initial Court Appearance 508. On 26 January 2018, Mr. Navarro, C2EE09, and the eight others were presented at the Thirty-First Court of First Instance of Caracas for initial appearance. They were all charged with public incitement1064 and conspiracy.1065 El Tigre was additionally charged with illicit possession of a firearm, and two others were charged with the detonation of incendiary objects.1066 Neither Mr. Navarro nor C2EE09 made statements during the initial appearance.1067 509. C2EE09’s private defence counsel argued that her arrest in flagrante delicto had been arbitrary, as information on her Facebook connections was insufficient to allege a conspiracy and no evidence had been presented about illegal activities at Brave Heart. Mr. Navarro’s public defender argued that he too had been arbitrarily detained, with excessive use of force. Public defenders also challenged the detonation of incendiary objects charge, as the objects presented in information had not been detonated.1068 510. Judge Pérez Alvarado ruled that the search of Mr. Navarro’s apartment was valid, as SEBIN officers had filed a post facto record of search without warrant. 1069 She decided that 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 120 Mission Interview C2EE09 in May 2020. Ibid., minute 03:16:58. Mission Interview with CCEE08 in May 2020. YouTube Video, Noticias24, Con el Mazo Dando 24/01/2018, 24 January 2018, minute 03:18:10, available at: https://www.youtube.com/watch?v=fXQPAuIhGpU&t=12165s See below, Case: Geraldine Chacón and Gregory Hinds (Community Ambassadors Foundation) Mission Interview with Victor Navarro on 29 May 2020. Mission Interview C2EE06, C2EE07, C2EE04 in May 2020. Mission Interview with Victor Navarro on 29 May 2020. Article 285 of the Venezuelan Criminal Code states: “He who publicly incites disobedience to the law, or incites hatred between its inhabitants, or acts as apologist for a criminal act, endangering the peace, shall be punished with three to six years in prison”. Article 286 of the Venezuelan Criminal Code states: “When two or more persons associate in order to commit a crime, both will be punished, for the sole act of association, with two to five years in prison”; Act of Initial Appearance, 26 January 2018, on file with the Mission. Article 112 of the Law on the Control and Disarmament of Weapons and Munitions, and article 296 of the Criminal Code. Act of Initial Appearance, 26 January 2018, on file with the Mission. Ibid. Ibid.