A/HRC/45/CRP.11
accordance with the familie’s wish for a Christian burial in their city of origin. The media
was not permitted access to the burial and the coffin was sealed. 1642
Accountability
917. On 30 June 2019, the Public Prosecutor’s Office charged two DGCIM officers,
Lieutenant Ascanio Antonio Tarascio Mejía and Second Sergeant Estiben José Zárate Soto,
23 and 22 years old respectively, with the murder of Capitain Acosta Arévalo. Both were
low-ranking officers with the Special Directorate of Penal and Criminalistic Investigations
(DEIPC) of the DGCIM. They were the only people arrested in conjunction with the case.
918. The two DGCIM officers were charged with preterintentional (involuntary) homicide,
meaning the perpetrator had intent to injure but not to kill, as the death would not have
occurred without pre-existing condition unknown to the accused.1643 Both Captain Acosta
Arévalo’s lawyer and his wife have affirmed that Captain Acosta Arévalo was in good
physical condition prior to his detention and had no underlying health problems. 1644
919. The Public Prosecutor’s Office did not carry out an investigation into allegations of
torture. Most of the information presented in the prosecutor’s investigation related to Captain
Acosta Arévalo himself, including information about requests made to his bank, the
migration service, his cellular phone provider and family members. 1645
920. The DGCIM officers’ preliminary hearing took place on 1 July 2019 before the
Thirty-Sixth Court of Control for the Caracas area Criminal Circuit. The court ordered the
detention of both men. The men were ordered to be held at DGCIM Boleíta during pre-trial
detention.1646
921. Captain Acosta Arévalo’s legal representatives were not notified about the hearing,
so could not make representation. The only information heard was that put forth by the Public
Prosecutor’s Office, which did not present any information regarding Captain Acosta
Arévalo’s whereabouts between 21 and 26 June 2019.1647 The Public Prosecutor’s Office did
not present any probatory evidence, such as intent to injure Captain Acosta Arévalo. 1648
922. The public prosecutors did not mention the word “torture” in the accusation. The
crime of torture has a higher penalty (15 to 25 years)1649 than that of preterintentional
(involuntary) homicide (seven to 15 years). 1650 Further, under Venezuela’s specialized law
on torture, the State has co-responsibility for the crimes.1651 As a result, only the direct
perpetrators faced charges, exempting higher-level officers from responsibility.
923. On 24 September 2019, the court issued its judgment, finding the two DGCIM officers
guilty of preterintentional (involuntary) homicide and sentencing them each to six years and
1642
1643
1644
1645
1646
1647
1648
1649
1650
1651
184
YouTube Video, TVV, Se realizó inhumación controlada al Capitán Rafael Acosta Arévalo, 10 July
2019, available at: https://www.youtube.com/watch?v=zv3Ldcqxp4A; Mission Interview with
Waleska Perez on 24 April 2020; Mission Interview with Alonso Medina in April 2020.
Criminal Code, art. 410.
Mission Interview with Waleska Pérez on 24 April 2020; Mission Interview with lawyer Alonso
Medina in April 2020
File K-19-0017-00346, Causa No. 36 C-19.464-19, on file with the Mission.
Act of initial appearance, Causa No. 36 C-19.464-19, on file with the Mission.
Mission Interview with Alonso Medina in April 2020.
File K-19-0017-00346, Causa No. 36 C-19.464-19 on file with the Mission.
Special Law to Prevent and Sanction Torture and Other Cruel, Inhuman or Degrading Treatment,
Official Gazette No. 40.212, 22 July 2013, art. 14, available at: http://monitorlegislativo.net/wpcontent/uploads/2014/11/Ley-Especial-para-prevenir-y-sancionar-la-tortura-y-otros-tratos-cruelesinhumanos-y-degradantes-2013.pdf.
Criminal Code, art. 410.
Special Law to Prevent and Sanction Torture and Other Cruel, Inhuman or Degrading Treatment,
Official Gazette No. 40.212, 22 July 2013, arts. 2 and 5. In addition, article 20 provides for sanctions
for the intellectual author of the crime and article 30 excludes the defence of superior orders as
possible grounds for excluding criminal responsibility. Law available at:
http://monitorlegislativo.net/wp-content/uploads/2014/11/Ley-Especial-para-prevenir-y-sancionar-latortura-y-otros-tratos-crueles-inhumanos-y-degradantes-2013.pdf.
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