A/HRC/45/CRP.11 circumstances.816 Many people in the cases reviewed by the Mission have spent over two years in pre-trial detention.817 356. In many cases, the courts failed to respond to habeas corpus or other judicial review requests filed by the detainees or their lawyers questioning these delays. In a number of cases, detainees were kept in detention by SEBIN or DGCIM despite judicial release orders, such as in the case of Antonia Turbay, or completion of sentence, such as in the case of Victor Ugas. At the time of writing, military officers Luis Hernando Lugo Calderon and Peter Alexander Moreno Guevara remained in detention in Ramo Verde, given the relevant tribunals had not issued release orders. They comepleted their sentences in October 2019 and November 2019 respectively.818 357. The vast majority of cases reviewed by the Mission remained at the preparatory or intermediary phase. At the time of writing, many appeared to be in limbo. Access to Legal Defence 358. The cases revealed consistent interference with the right to adequate defence.819 As noted, the Mission’s case review identified a clear pattern in which both SEBIN and DGCIM prevented detainees from contacting legal representatives in the days following the arrest. Even when family or civil society organizations did manage to arrange legal defence, court authorities often failed to inform them of the date and place of the initial appearance. In addition, in many of the cases documented, courts ignored defendants’ requests of privately hired representation and assigned public defenders instead.820 359. When defendants have been able to secure representation by private lawyers, the lawyer’s ability to prepare an adequate defence has been hindered.821 The Mission documented the following recurring incidents in the cases reviewed: • Private defence lawyers were not provided with copies of essential documents, including police records, indictments or minutes of hearings or were provided with the case-file just few minutes before the hearing. • Private defence lawyers were not informed of dates of hearings, impeding the preparation of arguments or filing of briefs. • Private defence lawyers were often prevented from visiting their clients. When visits did go ahead, lawyers were sometimes unable to speak to clients confidentially. • Private defence lawyers suffered various forms of harassment and intimidation against them or their families. This includes lawyers Ramón Alfredo Aguilar, Marcelo Crovato,822 Joel García and Juan Carlos Gutiérrez. 816 817 818 819 820 821 822 92 Criminal Procedure Code, art. 230. Rosmit Mantilla, C2EE10 (female), C2EE15 (female), Luis Humberto De La Sotta, Juan Pablo Saavedra Mejias, Ruperto Molina Ramirez, Igbert Marin Chaparro, Carlos Eduardo Urbina Velasquez, Juan Carlos Peña Palmentieri, Abraham Americo Suarez Ramos, Adrian Leonardo De Gouveia de Sosa, Carlos Gustavo Macsotay Rauseo, Gustavo Enrique Carrero Angarita and Elias Jose Noriega Manrique. Mission interview with C3DD46, Mission interview with C3DD47 in August 2020, Documents C3DD48, C3DD49, on file with the Mission, ICCPR, art. 14.3(b). See also article 44 (2) of the Constitution and articles 10, 127 (2) and 139 of the Criminal Procedure Code. Case 16: Luis Bandres Figueroa and 24 others of Cotiza uprising, Case 13: Captain Luis de la Sotta, Case 3: Gilber Caro, Case 8: Angel Zerpa, Case 18: Ariana Granadillo. Case 3: Gilber Caro, Case 4: Steyci Escalona, Case 12: Pedro Jaimes Criollo. On 22 April 2014, Mr. Crovato arrived at his client’s home, located in the municipality of Chacao in Miranda State, to provide him with legal assistance during a house search conducted by officers of the CICPC. However, while assisting his client, Mr. Crovato was arrested by the CICPC. The officers did not present a warrant or any other decision issued by a public authority. Since 2004, Mr. Crovato has been involved in a number of cases defending political opponents and alleged victims of human rghts violations, including students during the protests in 2014. Mr. Crovato fled Venezuela in 2018 after having spent almost 10 months in Yare prison and about 3 years in house arrest. Mission interview