A/HRC/45/CRP.11
charge Mr. Marrero with treason and usurpation of functions. 1347 She ordered that Mr.
Marrero remain in pre-trial detention, although his lawyers were not notified of this until 14
June 2019.
685. On 12 May 2019, the Thirty-Ninth Provisional Prosecutor of the Metropolitan Area
of Caracas, Ana Karina García Carmona, and Seventy-Third Auxiliary Prosecutor Jean Karin
López presented formal charges against Roberto Marrero. Mr. Marrero’s lawyers opposed
the request on 6 June 2019. On 18 June 2019, the Court of Control of Caracas decided to
send Mr. Marrero to trial and ordered him to remain in pre-trial detention. On 25 November
2019, the trial against Roberto Marrero began, at which point Mr. Marrero had spent five
months in pre-trial detention.
686. On 12 December 2019, the SEBIN inspector who drafted the police report on 15
March 2019 appeared to testify before the Second Court of Control on Terrorism-Related
Crimes. He indicated that while investigating, he came to know that Mr. Marrero was in the
border area between Táchira and Cúcuta acquiring weapons to smuggle them from Colombia
to Venezuela.
687. Responding questioning from the defence, the inspector declared that he had never
been to Colombia and that he did not directly carry out the investigation. He said he simply
transcribed into the criminal record what his immediate supervisor, General Jesús Alberto
García Hernández, dictated to him.1348
688. On 20 December 2019, the judge assigned to the case, Judge Yixis Gutiérrez, was
dismissed. According to Mr. Marrero’s lawyers, the judge was removed because she was
acting independently.1349 She a provisionally appointed judge and her dismissal did not follow
constitutional procedures for the removal of judges.1350
689. On 31 August 2020, Mr. Marrero was pardoned by President Maduro, together with
109 others, and was released from detention. Mr. Marrero’s immediate family left
Venezuela.1351 His brothers remain in the country and reported being followed by
plainclothed security officers every time they travelled to Caracas to visit their brother in El
Helicoide.1352
Findings
690. Based on the facts above, the Mission has reasonable grounds to believe that Roberto
Marrero was victim of arbitrary detention. SEBIN Counter-Intelligence Direction was
involved. DGCIM Director, Iván Hernández Dala, may have been involved in the
procurement of the weapons that were placed in Mr. Marrero’s apartment.
1347
1348
1349
1350
1351
1352
Foreseen and sanctioned in articles 128 and 213 of the Criminal Code.
Written declaration submitted by Joel Garcia, Mr. Marrero’s lawyer, to the Mission, 12 May 2020.
Mr. Garcia Hernandez was found dead in a hotel on 16 May 2019. The authorities have catalogued
his dead as a suicide though several doubts have been put forward, including by former SEBIN
Director Christopher Figuera, with whom GC Garcia Hernandez worked very closely. See, for
instance, El Universal, Cristopher Figuera: Asesinato del mayor Jesús Alberto García Hernández “fue
por encargo", available at: https://www.eluniversal.com/politica/40300/ex-director-del-sebin-elasesinato-del-mayor-jesus-alberto-garcia-hernandez-fue-por-encargo. See also América Digital
Noticias El exjefe del Servicio Bolivariano de Inteligencia (SEBIN), conversó con César Miguel
Rondón sobre el poder de Maduro y su círculo, la tortura en el SEBIN y su papel (y el de otros
funcionarios aún en el gobierno) en la Operación Libertad, available at:
https://www.youtube.com/watch?v=GjtuUlQpNoI&feature=youtu.be, minute 3:25.
Ibid. See also, YouTube Video, Voluntad Popular, Régimen destituyó a la jueza del caso de Roberto
Marrero e interrumpe juicio indefinidamente, 8 January 2020, available at:
https://www.youtube.com/watch?v=DzH7VcmXsFs
1999 Constitution, art. 255, which provides that judges can only be removed or suspended through the
procedures expressly provided by the law.
Interview with Romy Moreno on 8 May 2020.
Ibid.
149
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