A/HRC/45/CRP.11 779. On 23 June 2018, Captain de la Sotta was permitted a family visit. According to family members interviewed, his head had been shaved and he was wearing clothes that smelled badly. He could not stand up straight because his ribs were broken. He was pale and thin and had scars on his wrists. He appeared disoriented and did not know what time it was. He was desperate to know where his children were.1481 780. After the first month of detention, Captain de la Sotta was transferred to another cell in Basement 1, also in the DGCIM Boleíta building, where he remained for over 18 months, from June 2018 until January 2020. 781. The cell had artificial light on day and night, affecting the notion of time. It was around 2.75 x 2 metres. Captain de la Sotta sometimes shared the space with two or three other people. There was no bathroom, so he and the other detainees used a bag. There were strong odours, without ventilation or exhaust fans, which affected the breathing, eyes and skin of Captain de la Sotta and several prisoners.1482 There was no access to drinking water. Captain de la Sotta requires permanent medication for high blood pressure, which DGCIM officers did not provide, exacerbating his condition.1483 782. On 3 October 2018, the Inter-American Commission on Human Rights issued precautionary measures in favour of Captain de la Sotta.1484 It urged the State to adopt the necessary measures to protect the life, health and personal integrity of the captain, guaranteeing that he has access to pharmacological and non-pharmacological care. On repeated occasions, his family1485 and his legal counsel1486 submitted complaints on the conditions of detention of Captain de la Sotta, to no avail. Preliminary Hearing 783. The preliminary hearing was held at the First Military Court of Control from 12 to 20 December 2018. This hearing occurred seven months after the initial appearance, despite the fact tha the under the Criminal Procedure Code, no more than 65 days should pass between the two hearings.1487 The State presented statement against Captain de la Sotta made by a lieutenant who had been detained in the same operation and had incriminated him and others.1488 The lieutenant was released shortly after making the incriminating statement. He deserted the military a month later.1489 784. At the preliminary hearing, Captain de la Sotta reiterated that he was a victim of torture. He gave the names of the alleged perpetrators, saying: I have been detained for seven months. I would like to know where it is allowed for a Navy Capitan, to be tortured and beaten by a major named Major Hurtado and TN Abel Angola. The day I was detained, I was taken to DGCIM supposedly to testify. I was beaten and it was two days before they read me my rights. They made me sign documents with my face covered. Today, before coming here, I was beaten by Major [Hurtado]. I fear for my life over there in DGCIM. 1490 785. After the initial appearance, the defence filed several briefs requesting Captain de la Sotta’s transfer from DGCIM Boleíta to Ramo Verde, to which it received no response. Most 1481 1482 1483 1484 1485 1486 1487 1488 1489 1490 Mission Interview with Molly de la Sotta in May 2020 and document C3DD02, on file with the Mission. Document C3DD00 and Document C3DD01, on file with Mission. Medical evaluations on file with the Mission, Mission Interview with Molly de la Sotta in May 2020. See also: https://twitter.com/Almagro_OEA2015/status/1018284879694491648 CIDH Resolution No. 75/201, M.C. No. 862-18. Complaint filed by Sara Quiroga to Human Rights Ombudsperson’s Office in July 2018, Complaint by Molly de la Sotta to Public Prosecutor’s Office in January 2019, on file with the Mission. Complaint filed by lawyer Carlos Bellos to the First Military Court of Control in January 2019, on file with the Mission. 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. Statement made on file with the Mission Naval Message, list of officers absent from units without authoirzation, on file with the Mission. Act of initial appearance, criminal case file CJPM-TM1C-011-2018, statementy by Luis de la Sotta, 12 December 2018 at 14:30, on file with the Mission. 165