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
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