A/HRC/45/CRP.11 881. The Mission received information from another witness who had been present in DGCIM Boleíta during these events who confirmed having heard the sergeants’ screams that day from his cell.1594 882. Sergeant Bandres’ wife told the Mission that during a search of the family home, DGCIM officers stole property, including the car and children’s clothes. She claimed that the children missed three months of school as a result.1595 The Judicial Process 883. On 24 January 2019, the 24 sergeants were presented before the Third Court of Military Control under Judge Maickel Amezquita Pion for the initial court appearance. They were not permitted to contact their families in advance of the hearing or to assign a legal representative of their choice. The civilian arrested with them was presented to the same tribunal on 28 January 2019. 884. According to Sergeant Bandres he displayed signs of torture when presented in court. He was presented in dirty clothes, full of excrement and vomit. Neither the judge, nor the prosecutor or the public defender requested any investigation into what might have caused this.1596 885. The sergeants were charged with treason,1597 instigating a rebellion,1598 mutiny,1599 disobedience,1600 removal of effects belonging to the National Armed Forces1601 and outrage against the Armed Forces.1602 The judge ordered the sergeants’ detention in Ramo Verde. 886. On 28 February 2019, the Inter-American Commission on Human Rights granted precautionary measures in favour of Sergeant Bandres, requesting the Venezuelan State to adopt the necessary measures to protect his rights to life and personal integrity, and to adopt the necessary measures to guarantee that the conditions of detention comply with applicable international standards.1603 At the time of writing, these measures had not been implemented. 887. The sergeants’ preliminary hearing took place on 24 April 2019, following a series of deferrals and after the 65 days time limit established by law. 1604 By then, some of the sergeants’ families had managed to remove the public defender and assign a legal representation of their choice. The private lawyers explained to the Mission that their work was hindered from the beginning. They were not permitted access to case files until immediately before the hearing, denying them time to prepare an adequate defence. 1605 The court ordered the sergeants’ continued detention and sent the case to trial. 888. During the preliminary hearing, Sergeant Bandres and the other sergeants told the court that they had been tortured. A defence lawyer requested forensic medical examinations for all 24 sergeants.1606 On 22 August 2019, seven months after the arrest and almost four months after the request was made, a doctor examined the sergeants. The medical 1594 1595 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 Mission Interview C3DD25 on file with the Mission. Mission Interview with Sandra Hernandez in June 2020. Mission Interview with Sandra Hernandez on 24 June 2020 and information provided by NGO Foro Penal in June 2020. Organic Code of Military Justice, art. 464, num. 25. Organic Code of Military Justice, art. 476, num. 1. Organic Code of Military Justice, arts. 488-489, num. 4, art. 570, num 1. Organic Code of Military Justice, art. 519 and art.521, para. 4. Organic Code of Military Justice, art. 570, para. 1. Organic Code of Military Justice, art. 506. Inter-American Commission on Human Rights, Resolution 8/2019. Article 236 of the Criminal Procedure Code foresees a period of 45 days following judicial deprivation of liberty during which the prosecution may present its accusation. Article 309 establishes that once the accusation has been presented, the preliminary hearing should take place within 20 days. Mission Interview with legal team of Foro Penal in June 2020. Mission Interview with legal team of Foro Penal in June 2020, expediente CJPM- TM1J-004-2019. 179