A/HRC/45/CRP.11
556. Ms. Chacón witnessed the daily verbal sexual harassment and objectification of
female detainees. Certain officers would make sexual comments when they passed the
women’s cell, for example asking them to turn around to see their buttocks. Some officers
engaged in what they described as relationships with female detainees in exchange for
privileges. Ms. Chacón witnessed male guards unlocking the female cell during the night.
Some of the women would leave with the guards, who would then return them to the cell
hours later.1149
557. SEBIN officers did not permit Ms. Chacón or Mr. Hinds visits or calls with family
members or legal counsel. They were able to make phone calls using hidden phones
belonging to other detainees, or with phones belonging to sympathetic guards.1150
558. Ms. Chacón asked repeatedly why she could not receive visitors; guards told her that
the Commissioners-in-Chief made those decisions. Once she asked another commissioner if
she could receive a visit, and he responded, “You don’t get visits because you’re a political
prisoner, and political prisoners don’t get anything”.1151
Legal Proceedings
559. On 2 April 2018 Judge Freddy J. Pérez Alvarado, the presiding judge of the ThirtyFirst Court of First Instance of the Criminal Judicial Circuit for the Caracas Metropolitan
Area, agreed with defence counsel that prosecutors had not presented an accusation within
the 45-day time limit established by the Criminal Procedure Code.1152 He ordered the
immediate conditional release of Ms. Chacón and Mr. Hinds, with precautionary measures
of presentation before the court every 15 days. 1153
560. SEBIN refused to receive the order, as indicated in the bailiff’s reports to the judge.
One such report stated, “the correspondence personnel is indicating to me that they do not
have authorization from the immediate superior of that office to receive this letter, and that
they need to wait for authorization from the director. I then proceeded to request
identification or personal details, but he refused and I could not recognize him due to the
tinted glass at the reception window.”1154
561. Judge Pérez Alvarado continued to demand the release, issuing five additional
notifications to SEBIN between 2 April 2018 and 14 May 2018, ordering the detainees’
immediate release.1155 SEBIN returned each of the notifications to the tribunal, first claiming
the letters had been directed to the wrong recipient, then that their system was not operational,
as documented by the bailiff and the judge.1156 One defence lawyer approached a SEBIN
official at El Helicoide to inquire about the release and claims to have been told, “We are like
a parallel court here. The orders that come from the tribunal first have to go to Plaza
Venezuela, and that’s where they decide if they are released or not. Headquarters will call
the El Helicoide Director.”1157
1149
1150
1151
1152
1153
1154
1155
1156
1157
128
Mission Interview with Geraldine Chacón on 13 May 2020; Mission Interview C2EE09 in June 2020.
Mission Interview with Geraldine Chacón on 13 May 2020; Mission Interview with Gregory Hinds
on 19 May 2020.
Mission Interview with Geraldine Chacón on 13 May 2020.
Criminal Procedure Code, art. 236.3.
As detailed in Habeas corpus motion, 16 April 2018, Criminal File No. 31C-20.426-18, pp. 3-4.
Bailiff’s Service Acts dated 18 April 2018, 20 April 2018, 23 April 2018, 27 April 2018, 30 April
2018, and 11 May 2018, on file with the Mission. Information about the reception or rejection of
notifications and orders was also confirmed in Mission Interview C2EE07 in May 2020.
Acts numbered 327-18, 344-18, 389-18, 454-18, 481-18 and 543-18, dated 02 April 2018, 05 April
2018, 13 April 2018, 26 April 2018, 3 May 2018 and 14 May 2018, Criminal File No. 31C-20.42618, on file with Mission.
Mission Interviews C2EE06 and C2EE07 in May 2020; Oficio 0074-18, Servicio de Alguacilazgo, 11
April 2018, on file with the Mission; Oficio 392-18 from Judge Perez to Eleventh Tribunal, 13 April
2018, responding to request for information related to Mr. Hinds habeas corpus filing, on file with
Mission.
Mission Interview C2EE07 in May 2020.
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