A/HRC/45/CRP.11 CASE 10: Fernando Alberto Albán 635. Fernando Alberto Albán was a council representative for Libertador Municipality of Capital District, elected on 8 December 2013. He was also a Primero Justicia party board member and participated in the protests of 2014, 2017 and 2019 as coordinator of the “PJ Gremial Nacional” organisation. He campaigned for opposition candidates for the National Assembly during the December 2015 election. 636. After National Assembly elections in 2015, Councillor Albán and his family received a series of anonymous telephone threats. In September 2015, his son left Venezuela after receiving death threats and at the time of writing was seeking asylum in the United States. 1266 In June 2017, his wife and his daughter also left the country following threats. Both were granted asylum in the United States in July 2018.1267 637. In mid-August 2018, Mr. Albán traveled to New York, where he visited his family and met with Primero Justicia party leaders, including opposition leader Julio Borges and former mayor Gustavo Marcano. Mr. Albán also participated in side events at the United Nations General Assembly in September 2018.1268 The Arrest 638. On 5 October 2018, Mr. Albán returned to Venezuela, arriving at Simón Bolívar International Airport near Caracas, where he informed his wife that he had landed. SEBIN officers detained him without an arrest warrant shortly after he passed through immigration. He managed to inform a family member via text message that SEBIN officers were detaining him.1269 639. The family member, who prefers to remain unnamed, together with a lawyer and a Primero Justicia party representative went to the airport. They inquired about Mr. Albán at the SEBIN office, but received no information. They made similar inquiries at SEBIN headquarters in Plaza Venezuela and in El Helicoide, but officers denied having Mr. Albán in custody.1270 640. On the morning of 6 October 2018, the family filed a formal complaint that Mr. Albán was missing to the Public Prosecutor’s Office for Fundamental Rights. 1271 Several prominent people, including religious leaders, made public demands about Fernando Albán’s whereabouts and detention status.1272 641. Later that afternoon, Mr. Albán was permitted a telephone call with his wife, more than 24 hours since his arrest. He informed her he was in detention on the tenth floor of SEBIN’s Plaza Venezuela building, home to the counter-intelligence section. He said he had not been mistreated, but was under pressure to incriminate National Assembly deputy Julio Borges, who had been accused a few months earlier of involvement in the drone attack near President Maduro on 4 August 2018.1273 642. On 7 October 2018, SEBIN officers took Mr. Albán to Caracas Palace of Justice, where he was presented to the Sixth First Instance Court of Control of Caracas Metropolitan Area. The court declined jurisdiction and referred the case to the Court of Control on 1266 1267 1268 1269 1270 1271 1272 1273 140 Asylum request form of Fernando Albán Osio, on file with the Mission. Asylum certificate of Meudy Osio and Fernanda Albán, on file with the Mission. Mission Interview with Meudy Osio de Albán on 26 May 2020. Ibid. Mission Interview with Meudy Osio de Albán on 26 May 2020, Mission Interview with Ramon Alfredo Aguilar on 27 May 2020. Complaint of enforced disappearance of Councillor Fernando Albán, before Public Prosecutor's Office on Fundamental Rights, 6 October 2018, on file with the Mission. https://twitter.com/FernanAlban/status/1048438265592926208?s=20; https://twitter.com/vivoplaynet/status/1048607036697505792?s=20; https://twitter.com/aneleymar/status/1048626773251039232?s=20; https://twitter.com/Albanfernando/status/1048674858454962183?s=20. Mission Interview with Meudy Osio de Albán on 26 May 2020.

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