A/HRC/45/CRP.11
reflected in the document. He produced an alternate document for submission to the
tribunal.1193
590. On 31 July 2017, the Martial Court confirmed the decision of the First Military
Tribunal. On 9 August 2017, the Eighty-Fifth section of the Public Prosecutor’s Office with
competence over human rights protection submitted a complaint against the Martial Court’s
31 July 2017 decision. The Constitutional Chamber of the Supreme Court later dismissed the
complaint.1194
591. On 23 August 2017, after a month in detention, Mr. Zerpa was brought before a
military tribunal, which released him on condition that he comply with alternative measures,
including not leaving the country and presenting himself periodically before the tribunal. His
bank assets were frozen.
592. On 23 October 2017, the Criminal Chamber of the Supreme Court assumed
jurisdiction over the case, following a change of venue request filed by Mr. Zerpa’s sister. 1195
The Court held that the proceedings before the military tribunal were null and void because
Mr. Zerpa was a civilian1196 and that the crimes of which he was accused, treason and
usurpation, were both provided in the Criminal Code.1197
593. The case was referred to the Twenty-Seventh Court of Control in Caracas, a civilian
court, which on 21 December 2017 extended the alternative measures.1198 At the time of
writing, Mr. Zerpa continued to present himself periodically before the tribunal, cannot leave
Venezuela and his assets remain frozen. The Criminal Procedure Code requires that
alternative measures be lifted after two years but they remained in place at the time of
writing1199 and despite Mr. Zerpa’s requests.1200 At the time of writing, the prosecutors had
neither charged Mr. Zerpa with a crime, nor dismissed his case. 1201
Detention in El Helicoide
594. From 22 July to 23 August 2017, Mr. Zerpa was held in El Helicoide. He was detained
in “El Bañito”, a bathroom with bars in the doorway, for around three weeks. 1202 There were
three toilets full of human waste, one sink and a defective shower. The cell was full of insects.
SEBIN officers sometimes entered the cell to use the toilets. Mr. Zerpa slept on the floor for
a few days until he was given a mattress. There was no natural light, artificial light shone
around the clock.1203
595. He shared El Bañito for a few days Mr. Jesús Rojas, who had also been appointed as
Supreme Court judge by the National Assembly. Subsequently, he shared the cell for two
days with 23-year-old Juan Pedro Lares, son of Omar Lares, the then mayor of Campo Elías,
1193
1194
1195
1196
1197
1198
1199
1200
1201
1202
1203
Mission interview with Angel Zerpa, 27 May 2020.
Supreme Court of Justice, Decision, 27 October 2017, available at:
http://historico.tsj.gob.ve/decisiones/scon/octubre/204649-857-271017-2017-17-861.html
Organic Law of the Supreme Court, art. 107, which provides that the Supreme Court’s assumption of
jurisdiction (‘avocamiento) will be exercised with great prudence and only in the event of serious
procedural disorders or evident violations of the legal system that ostensibly damage the image of the
Judiciary, public peace or democratic institutions”.
Supreme Court of Justice, Decision, 23 October 2017, available at:
http://historico.tsj.gob.ve/decisiones/scp/octubre/204502-363-231017-2017-A17-253.HTML
Criminal Code, arts. 132 and 213.
Criminal Procedure Code, art. 72(1).
Criminal Procedure Code, art. 230.
According to the information received by Mr. Zerpa, the response he usually receives is that “the
present case is in the investigation stage and, until this date, the circumstances on the basis of which
the measures were issued have, in principle, not changed”. Written statement submitted by Angel
Zerpa to the Mission, 7 June 2020.
Article 236 (3) of the Criminal Procedure Code provides that the prosecutor has a maximum of 45
days to present the accusation after the decision of the judge to keep the person deprived of liberty.
Mission interview and written statement from Mr. Zerpa, 27 May and 7 June 2020, respectively.
Written statement submitted by Angel Zerpa to the Mission, 7 June 2020.
133
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