A/HRC/45/CRP.11 Venezuela to Colombia. It was Juan Monasterios. I contacted him through the messenger service. I was in San Cristóbal”. The video statement contained no details of an attack against the President.1236 614. Under the Criminal Procedure Code, statements by detainees may only be considered as evidence if made in the presence of a lawyer.1237 It is unclear when and where the video released by the Communications Minister was recorded. However, Mr. Requesens had been in SEBIN detention from the time of his arrest on 8 August until the video’s release on 10 August 2018. There is nothing in the video to suggest that he had legal assistance or was anywhere other than in the SEBIN detention facility. 615. On 10 August 2018, Mr. Requesens appeared in another video published on social media. He appeared confused, in a room similar to a bathroom. He was dressed only in underwear, which appeared stained.1238 The National Assembly denounced the leaked recording as seeking to humiliate the deputy and possibly constituting cruel treatment. 1239 616. On 11 August 2018, a meeting between President Maduro and FANB generals was broadcasted on Government news network, VTV.1240 The President shared information on the criminal investigation process against Mr. Requesens. He referred to the leaked video, explaining that Mr. Requesens had been undergoing a medical check with SEBIN officers, “and got nervous”. 617. On 14 August 2018, during his television show “El Mazo Dando”, Diosdado Cabello called Mr. Requesens a terrorist. He stated that the deputy had confessed voluntarily and accused him of pretending not to remember making the confession. He also referred to the second video by saying “each person expresses their nervousness in the way their body tells them”.1241 Initial Appearance 618. Following the Supreme Court ruling requesting that his immunity be lifted, Mr. Requesens’ initial court appearance was set for 11 August 2018 but was deferred without explanation. The appearance took place before the First Special Control Court of First Instance with competence for terrorism cases, presided by Judge Carol Padilla, on 13 August 2018. 619. Mr. Requesens and 17 other individuals accused of involvement in the drone attack were presented in court together. Mr. Requesens’ lawyer spoke to him for the first time since his arrest five minutes prior to the hearing. He asked Juan Requesens about the video confession and Mr. Requesens did not recall having filmed anything.1242 620. Mr. Requesens’ family and lawyers suspect Mr. Requesens had been drugged prior to being filmed for the first time, possibly with scopolamine or a derivative to induce a 1236 1237 1238 1239 1240 1241 1242 YouTube Video, Luigini Bracci Roa, ueda de prensa de Jorge Rodríguez, 10 agosto 2018, donde da a conocer confesión de Juan Requesens, 10 August 2018, available at: https://www.youtube.com/watch?v=nE24po4N2t8, minute 19:00. Criminal Procedure Code, art. 132. YouTube Video, La Patilla, Este es el verdadero VIDEO de Requesens, con signos de tortura, que no mostró Jorge Rodríguez, 10 August 2018, available at: https://www.youtube.com/watch?v=CVk1utnD_6I YouTube Video, VIVO Play, Asamblea Nacional rechazó “tratos crueles” en contra de Requesens, 14 August 2018, available at: https://www.youtube.com/watch?v=R5XP9R--ZW4 YouTube Video, Luigini Bracci Roa, Maduro informa cuál fue el origen del video de Juan Requesens en interiors, 11 August 2018, available at: https://www.youtube.com/watch?v=47ZTK3-t6Vc YouTube Video, Sucreranda, Diosdado Cabello Con El Mazo Dando a los terroristas Juan Requesens y Julio Borges. Ismael García, 16 August 2018, minute 40.00, available at: https://www.youtube.com/watch?v=xk2JZqT0tC0 Mission Interview with Joel Garcia on 11 May 2020. 137