A/HRC/45/CRP.11
582. On 14 July 2017, the opposition-led National Assembly announced the creation of a
judicial appointment commission to select 33 judges for the Supreme Court. The newly
selected judges would replace those appointed in December 2015, whose selection the
National Assembly considered illegitimate.1182
583. Mr. Zerpa applied for a position as Supreme Court judge. The National Assembly
selected him a judge in the Supreme Court’s Administrative Division. On 21 July 2017, he
was sworn in with other appointed judges during a National Assembly session. 1183
584. The previous day, 20 July 2017, the Constitutional Division of the Supreme Court had
issued judgment No. 5451184 annulling the National Assembly’s appointment of judges on
constitutionality grounds. The Constitutional Division warned the newly appointed judges
that they could face criminal responsibility for usurpation of functions.1185
The Arrest
585. Mr. Zerpa was driving with his sister to La California Norte, Caracas on 22 July 2017,
they realised two cars were persuing them.1186 They heard shots fired and stopped the car.1187
Persons later revealed to be SEBIN officers exited the cars and approached Mr. Zerpa’s
vehicle, pointing firearms. They wore civilian clothes and did not identify themselves, but
were wearing bulletproof vests. When Mr. Zerpa asked what was happening they replied,
“Didn’t you see the TV? Maduro ordered your detention”.1188
586. The SEBIN officers took Mr. Zerpa to SEBIN headquarters in Plaza Venezuela and
thereafter to El Helicoide where he was inspected and photographed. He told the officers that
he was a judge and they were acting illegally.1189
587. The following day, on 23 July, a SEBIN officer brought Mr. Zerpa a warrant for his
arrest while in the cell. On 24 July, he appeared before Judge Claudia Pérez de Mogollón at
the First Military Court of Control of Caracas in Fort Tiuna. The judge denied him the chance
to appoint his own lawyer, so Mr. Zerpa opted to defend himself. Despite this, the court
assigned him a military public defender, but also allowed him to present his own arguments
in court. 1190
588. Mr. Zerpa argued that he should not be in pre-trial detention, since he initially stood
accused of usurpation of functions, which is an offence with a lesser sentence not subject to
custodial coercive measures.1191 Mr. Zerpa also argued that the only prosecution evidence
presented was a picture of him swearing an oath, which appeared in El Nacional newspaper,
as well as a similar picture SEBIN had retrieved from his mobile phone. The tribunal ordered
Mr. Zerpa-s pre-trial detention at El Helicoide on treason charges.1192
589. On 27 July 2017, Mr. Zerpa was taken to Fort Tiuna to sign the record of the initial
appearance hearing. Mr. Zerpa refused to sign because the arguments he had made were not
1182
1183
1184
1185
1186
1187
1188
1189
1190
1191
1192
132
See National Assembly, Special Commission to Rescue the Institutionality of the Supreme Court of
Justice, Final Report, available at: https://supremainjusticia.org/wpcontent/uploads/2016/07/INFORME-FINAL-COMISION-ESPECIAL-PARA-EL-RESCATE-DELTSJ.pdf
Written statement submitted by Angel Zerpa to the Mission, 7 June 2020.
Supreme Court of Justice, Decision No. 545, 20 July 2017, available at:
http://historico.tsj.gob.ve/decisiones/scon/julio/201349-545-20717-2017-2017-0799.HTML
Criminal Code, art. 213.
Mission interview with Angel Zerpa, 27 May 2020.
Ibid.
Written statement submitted by Angel Zerpa to the Mission, 7 June 2020. See videos at: TeleMadrid,
Maduro amenaza con meter en la cárcel a todos los jueces nombrados por el Parlamento, 24 July
2017, available at: http://www.telemadrid.es/noticias/internacional/Maduro-amenaza-carcelnombrados-Parlamento-0-1924007605--20170724030235.html; El País, Maduro anuncia que
detendrá “uno a uno” a los 33 magistrados de la oposición, 24 July 2017, available at:
https://elpais.com/internacional/2017/07/23/america/1500838660_930864.html
Written statement submitted by Angel Zerpa to the Mission, 7 June 2020.
Ibid.
Criminal Procedure Code, art. 355.
Written statement submitted by Angel Zerpa to the Mission, 7 June 2020.
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