A/HRC/45/CRP.11
• Some detainees informed the Mission that they faced reprisals while in detention for
being represented by certain organizations or lawyers.
Judicial and Prosecutorial Independence
360. The investigations of the Mission reveal interference with the independence of the
judiciary, hindering the right to a fair trial by an independent and impartial tribunal.823 Lack
of judicial independence, particularly apparent in politically sensitive cases, has been
confirmed by lawyers and former prosecutors and judges interviewed by the Mission.
361. According to a number of lawyers and former prosecutors and judges, cases should
be assigned to prosecutors by superiors based on the subject matter and territorial competence
and to judges based on a computerized system to order to ensure an equitable distribution of
caseloads and to avoid forum shopping. Nevertheless, several of the cases analysed in this
section were investigated by the same prosecutors824 and tried by the same judges,825 in what
the Mission has reasonable grounds to believe is an effort to help secure certain outcomes in
the proceedings.826
362. Judges and prosecutors have also said that they have been improperly pressured. 827
Franklin Nieves, public prosecutor in the case of Leopoldo López, has spoken publicly that
the trial against Lopez was a sham and that he remained silent out of fear and because of the
pressure exerted by his chiefs.828 He said that President Maduro and Diosdado Cabello829 give
orders directly to the Attorney General about what cases to pursue, noting that the judiciary
“kneels” before the executive, which “runs absolutely everything”. 830
823
824
825
826
827
828
829
830
with Marcelo Crovato, 22 July 2020. See NTN Venezuela, Si no hubiera escapado estaría 14 años
más preso en Venezuela: Abogado Marcelo Crovato’, available at:
https://www.youtube.com/watch?v=mokvQhr6Ql0. See also Televisión Pública Noticias Televisión
Pública Noticias, Marcelo Crovato: “Los venezolanos han perdido 15 kilos porque no hay comida”,
available at: https://www.youtube.com/watch?v=e-yBdNjg0J4
ICCPR, art. 14 (1).
Among the prosecutors that appeared involved in numerous cases documented by the Mission were:
Katherine Haringhton (for instance in the case of Antonio Ledezma, Lorent Saleh and Gabriel
Valles); Farik Mora and Dinora Bustamante (who acted as prosecutors in the cases of Juan
Requesens, Julio Borges, Edgar Zambrano and Roberto Marrero). Katherine Harington was appointed
Vice Attorney General on 4 July 2017 and was dismissed on 23 October 2018. According to the
information received, she is no longer with the Public Prosecutor’s Office. See Efecto Cocuyo, Las 8
imputaciones clave de Katherine Harrington contra opositores, available at:
https://efectococuyo.com/politica/las-8-imputaciones-clave-de-katherine-harrington-contraopositores/; and El Cooperante, Katherine Harrington, la sancionada por EEUU que fue vicefiscal y
entró al MP en la maletera de un carro, 23 October 2018, available at:
https://elcooperante.com/katherine-harrington-la-sancionada-por-eeuu-que-fue-vicefiscal-y-entro-almp-en-la-maletera-de-un-carro/.
Although there were four specialised courts dealing with terrorism cases, a high number of cases were
assigned to two certain judges within them, notably Carol Padilla (Case 9: Juan Requesens, Julio
Borges, Case 10: Fernando Alban and Case 11: Roberto Marrero) and Hilda Villanueva (Case 3:
Gilber Caro, Victor Ugas, Edgar Zambrano), of the First and Second Court of Control with
competence of terrorism related crimes, respectively. See Perfil, ¿Quién es la juez Carol Padilla? La
abogada encargada de condenar a la oposición, available at: https://puntodecorte.com/juez-carolpadilla/; and Carol Padilla, perfil de una jueza por encargo, available at:
https://armando.info/Reportajes/Details/2593. These specialized courts were created in the course of
the years by different resolutions of the Supreme Court and were not contemplated by the Law on
Financing Terrorism and Organized Crime.
Mission Interview with Joel Garcia in May 2020; Mission interview with C1HH04 in June 2020; and
Juan Carlos Gutiérrez in July 2020.
See Inter-American Court of Human Rights, Caso Apitz Barbera y otros vs. Venezuela, 5 August
2008, available at: https://www.corteidh.or.cr/docs/casos/articulos/seriec_182_esp.pdf
See YouTube Video, La Patilla, Entrevista completa Franklin Nieves Conclusiones 27/10/2015, 28
October 2015, available at: https://www.youtube.com/watch?v=i4-t6NGl1Ec.
Former president of the National Assembly and then president of the National Constituent Assembly.
YouTube Video, La Patilla, Entrevista completa Franklin Nieves Conclusiones 27/10/2015, 28
October 2015, minute 2:15, available at: https://www.youtube.com/watch?v=i4-t6NGl1Ec.
93
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