A/HRC/45/CRP.11 793. Captain de la Sotta holds joint Venezuelan and Peruvian citizenship. However, DGCIM did not allowed him to access the consular protection despite the numerous requests made by the Peruvian Embassy.1499 794. The Mission contacted the Government requesting a status update in this case on 7 August 2020. At the time of writing, it had not received a response. Findings 795. Based on the facts above, the Mission has reasonable grounds to believe that arbitrary arrest and detention, short term enforced disappearance, torture and other cruel, inhuman or degrading treatment or punishment were committed against Captain Luis de la Sotta. 796. DGCIM personnel from the Special Directorate of Penal and Criminalistic Investigations under the direction of Colonel Rafael Franco Quintero were involved in the arrest of Captain de la Sotta. Officers working for the investigations division under Colonel Franco Quintero and afterwards under Colonel Hannover Guerrero were involved in the acts of torture and other cruel, inhuman or degrading treatment or punishment at the moment of interrogation and during the detention. 797. Furthermore, the Mission has also reasonable grounds to believe that conditions in DGCIM Boleíta during Mr. de la Sotta’s detention amount to a violation of the prohibition of torture and cruel inhuman degrading treatment and punishment. DGCIM Coronel Terán Hurtado and the Director Iván Hernández Dala are responsible for the facility. CASE 14: Major Isaias Lenin Falcón Juárez 798. Major Isaias Falcón was an air force officer and specially trained commando who commanded Special Forces Squadron 201, in El Libertador Palo Negro air base in Maracay, Aragua state. His immediate superior was Lieutenant Colonel Ruperto Molina Ramírez. 799. On 17 May 2018, the CEOFANB Remigio Ceballos ordered Major Falcón to join other units in Caracas in preparation for Plan República.1500 Plan República was a deployment of FANB officers to ensure order and provide security during the presidential elections on 20 May 2018.1501 Major Falcón explained to the Mission, “They took all of us to Caracas because Plan República was beginning; they had us in military units in the Caracas area, all the commanders of the special groups, including Major Suárez who was in Fort Tiuna, Macsotay in La Guaira, and myself in La Carlota”. The Arrest 800. On 19 May 2018, eight armed DGCIM officers entered the General Commander of Aviation’s office in la Carlota airforce base where Major Falcón was stationed. They disarmed Major Falcón (he was carrying the light weaponry requested for these operations), arrested him, confiscated his belongings and handcuffed him. They then put a hood over his head, brought him to a car and drove him to the DGCIM Boleíta. They did not present an arrest warrant. 801. Major Falcón’s arrest was part of the string of arrests targeting military officers between 17 and 21 May 2018, including the arrest and detention of Luis Humberto de la Sotta, detailed above. 1499 1500 1501 Correspondence between de la Sotta family and the consulate, the consulate refers to six notes 0622020, 605-2020,111-2019,103-2019,48-2019,19-20,11-2019, sent from the embassy of Peru soliciting consular visits to Luis de la Sotta, on file with the Mission. Mission Interview with Isaias Lenin Falcón in July 2020. Correo del Orinoco, Arranca el Plan República 2018 por todo el Territorio Nacional, available at:http://www.correodelorinoco.gob.ve/arranca-el-plan-republica-2018-por-todo-el-territorionacional/ 167

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