A/HRC/45/CRP.11 reflected in the document. He produced an alternate document for submission to the tribunal.1193 590. On 31 July 2017, the Martial Court confirmed the decision of the First Military Tribunal. On 9 August 2017, the Eighty-Fifth section of the Public Prosecutor’s Office with competence over human rights protection submitted a complaint against the Martial Court’s 31 July 2017 decision. The Constitutional Chamber of the Supreme Court later dismissed the complaint.1194 591. On 23 August 2017, after a month in detention, Mr. Zerpa was brought before a military tribunal, which released him on condition that he comply with alternative measures, including not leaving the country and presenting himself periodically before the tribunal. His bank assets were frozen. 592. On 23 October 2017, the Criminal Chamber of the Supreme Court assumed jurisdiction over the case, following a change of venue request filed by Mr. Zerpa’s sister. 1195 The Court held that the proceedings before the military tribunal were null and void because Mr. Zerpa was a civilian1196 and that the crimes of which he was accused, treason and usurpation, were both provided in the Criminal Code.1197 593. The case was referred to the Twenty-Seventh Court of Control in Caracas, a civilian court, which on 21 December 2017 extended the alternative measures.1198 At the time of writing, Mr. Zerpa continued to present himself periodically before the tribunal, cannot leave Venezuela and his assets remain frozen. The Criminal Procedure Code requires that alternative measures be lifted after two years but they remained in place at the time of writing1199 and despite Mr. Zerpa’s requests.1200 At the time of writing, the prosecutors had neither charged Mr. Zerpa with a crime, nor dismissed his case. 1201 Detention in El Helicoide 594. From 22 July to 23 August 2017, Mr. Zerpa was held in El Helicoide. He was detained in “El Bañito”, a bathroom with bars in the doorway, for around three weeks. 1202 There were three toilets full of human waste, one sink and a defective shower. The cell was full of insects. SEBIN officers sometimes entered the cell to use the toilets. Mr. Zerpa slept on the floor for a few days until he was given a mattress. There was no natural light, artificial light shone around the clock.1203 595. He shared El Bañito for a few days Mr. Jesús Rojas, who had also been appointed as Supreme Court judge by the National Assembly. Subsequently, he shared the cell for two days with 23-year-old Juan Pedro Lares, son of Omar Lares, the then mayor of Campo Elías, 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 Mission interview with Angel Zerpa, 27 May 2020. Supreme Court of Justice, Decision, 27 October 2017, available at: http://historico.tsj.gob.ve/decisiones/scon/octubre/204649-857-271017-2017-17-861.html Organic Law of the Supreme Court, art. 107, which provides that the Supreme Court’s assumption of jurisdiction (‘avocamiento) will be exercised with great prudence and only in the event of serious procedural disorders or evident violations of the legal system that ostensibly damage the image of the Judiciary, public peace or democratic institutions”. Supreme Court of Justice, Decision, 23 October 2017, available at: http://historico.tsj.gob.ve/decisiones/scp/octubre/204502-363-231017-2017-A17-253.HTML Criminal Code, arts. 132 and 213. Criminal Procedure Code, art. 72(1). Criminal Procedure Code, art. 230. According to the information received by Mr. Zerpa, the response he usually receives is that “the present case is in the investigation stage and, until this date, the circumstances on the basis of which the measures were issued have, in principle, not changed”. Written statement submitted by Angel Zerpa to the Mission, 7 June 2020. Article 236 (3) of the Criminal Procedure Code provides that the prosecutor has a maximum of 45 days to present the accusation after the decision of the judge to keep the person deprived of liberty. Mission interview and written statement from Mr. Zerpa, 27 May and 7 June 2020, respectively. Written statement submitted by Angel Zerpa to the Mission, 7 June 2020. 133