A/HRC/45/CRP.11 WhatsApp, the officers left Mr. Chacón alone in the room for around 24 hours, although it was difficult to keep track of time.1122 541. A female doctor arrived and performed a basic medical check. The doctor asked Ms. Chacón to sign the form on the line indicating “detainee”. Ms. Chacón refused, insisting she had not been arrested and expected to go home.1123 Shortly thereafter, a SEBIN commissioner informed her that she was being detained, without providing a reason. 1124 He brought a sheet of paper listing her rights.1125 However, he would not tell her the reason for her detention. 542. The morning of Ms. Chacón’s detention, 1 February 2018, her mother went to El Helicoide, but was not provided information about her daughter. On 2 February 2018, she presented a complaint for arbitrary detention to the Public Prosecutor’s Office on Fundamental Rights.1126 Initial Court Appearance 543. On Friday, 2 February 2018, SEBIN officers transferred Ms. Chacón and Mr. Hinds to the Palace of Justice for their initial appearance. They were able to speak very briefly to family members and their lawyers.1127 The Twenty-Second Court of First Instance declined to hear the case, transferring it to the judge responsible for the Brave Heart case and postponing the initial appearance until Monday, 5 February 2018. 1128 544. On 5 February 2018 at 3.30 p.m., interim assistant prosecutor Alexander Martínez of the “Sala de Flagrancia” presented Ms. Chacón and Mr. Hinds before the Thirty-First Court of First Instance of the Criminal Judicial Circuit for the Caracas Metropolitan Area, with Judge Geryoli Venezuela Cabrera Bello presiding as a provisional judge.1129 545. The prosecutor charged Ms. Chacón and Mr. Hinds with public incitement and conspiracy.1130 As evidence, the prosecutor presented photographs of the defendants’ cellular telephones, the intelligence report dated 30 January 2018 and the reports of their arrests. 1131 No criminal actions related to charges were detailed. 546. Both Ms. Chacón and Mr. Hinds gave statements before the court, alleging violations of their rights.1132 Legal counsel argued that the detentions were illegal, and that SEBIN officers had tricked the defendants into accompanying them to El Helicoide. They noted the incorrect dates on the arrest reports and the lack of any information linking Ms. Chacón or Mr. Hinds to a crime, or indeed any details about a crime having been committed. They alleged due process violations and cruel or inhuman treatment. 1133 547. The judge ruled that the arrests had been illegal as Ms. Chacón and Mr. Hinds had been not apprehended in flagrante delicto, nor were they presented with arrest warrants.1134 Judge Bello cited a Supreme Court decision that, as the illegalities occurred in the past, they were no longer considered ongoing violations, meaning she could proceed and impose any measures necessary to ensure the integrity of the ongoing investigation.1135 She ordered the prosecutor to continue the investigation, accepting the prequalification of the public incitement and conspiracy charges and ordered defendants’ release on bail. 1136 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 126 Ibid. Ibid. Mission Interview with Geraldine Chacón on 13 May 2020. Rights of the accused, SEBIN, 1 February 2018. Complaint filed 2 February 2018, File No MP-45829-18, Fiscalia 81 AMC. Mission Interview with Geraldine Chacón on 13 May 2020; Mission Interview with Gregory Hinds on 19 May 2020; Mission Interview C2EE07 in May 2020. Record of Initial Appearance, File No. 22o C-19.725-18, 6 February 2018, Folio 53-56. Record of Initial Appearance, 6 February 2018, Criminal File, Folio 67. As foreseen in Criminal Code of Venezuela, arts. 285 and 286. Record of Initial Appearance, 6 February 2018, Criminal File, Folio 64. Record of Initial Appearance, 6 February 2018, Folios 65-70. Record of Initial Appearance, 6 February 2018, Folios 70-76. Judgement No. 526 of 9 April 2001, of the Constitutional Chamber of the Supreme Court of Justice. Record of Initial Appearance, 6 February 2018, Folio 77 of Criminal File. Record of Initial Appearance, 6 February 2018, Folio 78 of Criminal File.