A/HRC/45/CRP.11
The patterns identified and described in this section are based on direct information received
(interviews, legal case files, video footage) and credible information from reliable secondary
sources.
Arrests
266. According to the Mission’s review of criminal investigation records issued by SEBIN,
the intelligence agency carried out most of its arrests against pre-determined individuals,
often following a period of surveillance and investigation. The arrests could take place
anywhere - in the arrestee’s home, at public places such as restaurants or airports, or while
arrestees were driving along the road. In 14 cases, SEBIN searched arrestees’ homes and
seized items without presenting search warrants.690
267. According to a former SEBIN officer interviewed by the Mission, orders determining
targets for investigation came from President Maduro and Diosdado Cabello, 691 via the
SEBIN Director General.692 The Director General passed instructions to the operational
directorates.693 The source said that the intelligence activities were carried out “without any
type of judicial order” and that SEBIN engaged in both active and passive interception of
phones.694
268. The Mission has identified a pattern according to which SEBIN officers used in
flagrante delicto695 as a basis to make arbitrary arrests and has reasonable ground to believe
the practice was systematic. Many political dissidents were purportedly arrested in flagrante
delicto despite the fact that no crime was actually underway or had just been committed.696
As noted, the Supreme Court deemed that National Assembly members were in a “permanent
state” of flagrancy.697 In other cases investigated, witnesses alleged that the SEBIN officers
planted information, such as arms or contraband, to sustain an arrest in flagrante delicto.698
269. In several cases investigated, SEBIN officers used force or violence during arrests. 699
The Mission has reasonable grounds to believe that the force used was excessive, as arrestees
do not appear to have been violent or to have resisted arrest. SEBIN officers forcibly entered
690
691
692
693
694
695
696
697
698
699
Angel Zerpa, Catalina Andarcia, Juan Pedro Lares, C2EE01 (female), C2EE22 (female), C2EE23
(male), Case 7: Geraldine Chacon, Case 7: Gregory Hinds, Case 6: Victor Navarro, Case 6: C2EE09
(female), Case 12: Pedro Jaimes Criollo, Case 9: Juan Carlos Requesens, Jesus Medina Ezaine
(multiple detentions), Case 10: Fernando Albán, Antonia Turbay, Case 11: Roberto Marrero, Victor
Ugas (two detentions), Case 3: Gilber Caro (three detentions).
Including in the cases of Rodolfo Pedro González, Case 12: Inés González, Case 12: Lessi Marcano,
C2EE24 (female), C2EE25 (female), Juan Pedro Lares, C2EE01 (female), C2EE22 (female), C2EE23
(male), Case 7: Geraldine Chacon, Case 7: Gregory Hinds, Case 6: Victor Navarro, Case 6: C2EE09
(female), Jesus Medina Ezaine.
Mission Interview C2HH03 in June 2020.
The Director Generals of SEBIN within the relevant period were Gustavo González López (February
2014 to October 2018); Cristopher Figuera, formerly of the DGCIM (October 2018 to April 2019);
and again Gustavo González López (April 2019 to present). Between March 2015 and August 2016,
General González López concurrently held the position of Minister of the Interior.
Mission Interview C2HH03 in June 2020.
Ibid.
Criminal Procedure Code, art. 234.
Including in the cases of Rosmit Mantilla, Case 4: Steyci Escalona, C2EE01 (female), C2EE22
(female), C2EE23 (male), Case 7: Geraldine Chacón, Case 7: Gregory Hinds, Case 6: Victor Navarro,
Case 6: C2EE09 (female), Case 12: Pedro Jaimes Criollo, Case 9: Juan Carlos Requesens and Case
11: Roberto Marrero.
See Judgment of 3 November 2017, available at:
http://historico.tsj.gob.ve/decisiones/tplen/noviembre/204801-69-31117-2017-2017-000112.HTML
Inclduing in the cases of Lorent Saleh, Gabriel Valles, Rodolfo Pedro González, Rosmit Mantilla,
C2EE15 (female), C2EE10 (female), Case 4: Steyci Escalona, C2EE01 (female), C2EE22 (female),
C2EE23 (male), Case 6: Victor Navarro, Case 6: C2EE09 (female), Case 11: Roberto Marrero and
Case 3: Gilber Caro.
Including in the cases of Case 1: Leopoldo López, Case 2: Antonio Ledezma, Lorent Saleh, Gabriel
Valles, Rodolfo Pedro González, Daniel Ceballos, Case 8: Angel Zerpa, Juan Pedro Lares, C2EE01
(female), C2EE22 (female), C2EE23 (male), Case 6: Victor Navarro, Case 12: Pedro Jaimes Criollo,
Case 9: Juan Carlos Requesens, Jesus Medina Ezaine.
75
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