A/HRC/45/CRP.11 human rights standards do not provide a minimum length of time for which a detainee must be subjected to enforced disappearance in order for the violation to be have occurred. 757 315. The Mission’s investigation revealed that DGCIM frequently detained people in secret or unofficial detention facilities, especially in the first hours or days of detention. The Mission’s review of cases revealed that DGCIM has used these unofficial facilities increasingly since 2018. The first days were spent either in in DGCIM Boleíta or in one of the safehouses (see description below). The Mission is aware of six clandestine or unofficial detention places: • A site in San Bernardino near Crema Paraíso • A house in Bello Monte area of Caracas • A house in the San José development in Fort Tiuna or nearby, in Caracas • A site in Fort Tiuna where the Ministry of Defence and the Army Command are headquartered • A site commonly referred to as Sorocaima or La Mariposa in the military zone of San Antonio de Los Altos in Miranda State (see satellite image) and • A location in the mountainous area in El Hatillo municipality, Miranda state Torture and Cruel, Inhumane or Degrading Treatment 316. The Mission has reasonable grounds to believe that the treatment inflicted upon military detainees in the investigated cases amounted to torture or cruel, inhuman or degrading treatment or punishment. Torture is defined as acts that cause severe pain or suffering, whether physical or mental.758 In order to qualify as torture, these acts must be 757 758 84 In the case Yrusta v. Argentina, the CED recalled that “[…] in order to constitute an enforced disappearance, the deprivation of liberty must be followed by a refusal to acknowledge such deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law, regardless of the duration of the said deprivation of liberty or concealment”, CED/C/10/D/1/2013, para. 10.3. In this case, the period in question was ‘more than seven days’. See paras. 2.3 and 10.4 to 10.6. CAT, art. 1. The prohibition of torture is the 1999 Constitution (art. 46). The 2013 Special Law to Prevent and Sanction Torture and other Cruel, Inhuman or Degrading Treatment establishes a penalty between 15 and 25 years of deprivation of liberty for the crime (art. 17).

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents