A/HRC/45/CRP.11
The Arrest
764. On the morning of 18 May 2018, Captain Luis de la Sotta was at Bahía de Turiamo
navy station, his place of work. His immediate supervisor, Rear Admiral Edward Ojeda Sojo,
informed him that a commission from DGCIM would be arriving from Caracas to question
him.1460
765. Later that day, eight men in black DGCIM uniforms arrived by helicopter, carring
long firearms. They threatened Captain de la Sotta with their weapons, forcing him into the
helicopter. They did not present an arrest warrant. The Rear Admiral also flew in the
helicopter to accompany the DGCIM officers as they delivered Captain de la Sotta to DGCIM
headquarters in Boleíta, Caracas.1461
766. Once at DGCIM headquarters, officers began to question Captain de la Sotta
regarding the Operation Armageddon. The DGCIM officers did not allow Captain de la Sotta
to call his family or lawyers to inform them of his arrest and whereabouts. 1462
767. On 19 May 2018, Captain de la Sotta’s relatives began to look for him in various
detention centres, including DGCIM Boleíta. They were unable to obtain official
information, with most detention centres closed to the public on 19 May 2018 for election
weekend.1463
768. On 19 May 2018, DGCIM sent the Military Prosecutor’s Office a communication,
signed by DGCIM Director of Investigations, Rafael Antonio Franco Quintero,1464
transmitting the 16 May 2018 intelligence report and requesting that the office open a
criminal investigation against Captain de la Sotta.
769. On the same day, the Ninth National Military Prosecutor’s Office requested an arrest
warrant for Captain de la Sotta and three other officers. Military prosecutors First Lieutenant
Keyla Emilse Ríos Lara and First Lieutenant Israel Alfredo Echenique López filed the request
to the First Military Court of Control. The prosecutors also requested that Captain de la Sotta
be held in pre-trial detention.1465 The men were charged with the military crimes of treason,
instigation of military rebellion, mutiny, crimes against decorum.1466
770. On 20 May 2018, the judge of the First Military Court of Control, Major Claudia Pérez
de Mogollón issued the arrest warrant.1467 At 10 p.m. that day, a DGCIM investigator
recorded in a criminal investigation report informing that he had implemented arrest warrant
143-18 against Captain de la Sotta “as instructed by Colonel Rafael Antonio Franco
Quintero”.1468 On this basis, the Government implied that the day of detention was 20 May,
rather than 18 May 2018.
Interrogation in DGCIM Boleíta
771. According to his sister, Molly de la Sotta, from 18 to 21 May 2018, Captain de la
Sotta was detained in DGCIM headquarters. His relatives continued to inquire about him, but
no official information was revealed about his whereabouts. Ms. de la Sotta told the Mission
that from 18 to 20 May, Captain de la Sotta was locked in a 2 x 2 metre room and interrogated
while handcuffed, blindfolded and hooded. Four DGCIM officers beat him with sticks and
1460
1461
1462
1463
1464
1465
1466
1467
1468
Mission Interview with Molly de la Sotta in May 2020; Urgent Appeal UA VEN 2/2020 by United
Nations Special Rapporteur on torture and United Nations Working Group on Arbitrary Detention on
5 March 2020, on file with the Mission.
Ibid.
Ibid.
Document C3DD02, on file with the Mission.
Comunicación DGCIM 826-1-2018, on file with the Mission.
Apprehension Order request based on report DGCIM -DIIPC-IC-002-2018, on file with the Mission.
Organic Code of Military Justice, art. 464, num. 25, art. 476, num.1, sanctioned 481, arts. 488-489,
num. 4, art. 570, num 1 and art. 565.
Approval of arrest warrant 207 and 158, signed by Judge Claudia Pérez de Mogollón, on file with the
Mission.
DGCIM-DEIPC-AIP 335-2018, on file with the Mission.
163
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents