A/HRC/45/CRP.11 testimony.1243 Mr. Requesens remembered making the second video. He told his lawyer that SEBIN officers had made him wear shorts soiled with excrement as they filmed him. 1244 621. On 14 August 2018, the Public Prosecutor’s Office announced that Mr. Requesens would be charged with the following crimes: treason;1245 terrorism;1246 frustrated intentional homicide against the President;1247 attempted pre-meditated homicide against seven military officers;1248 association to commit crimes;1249 continuous public instigation;1250 and illegal possession of arms and ammunition.1251 622. The prosecution did not present the video containing the purported confession in court as evidence against Mr. Requesens. The defence requested that the videos be included in the case, but the judge deferred the decision to the Public Prosecutor’s Office. The judge adjourned the hearing, saying that she would announce her decision the following day. 1252 623. At around 11 a.m. on 14 August 2018, Attorney General Tarek William Saab, gave a press conference stating that Mr. Requesens would remain in pre-trial detention. He also said that a toxicology exam and a medical and psychological examination would be ordered. 1253 The judge had still not announced her decision. 624. Hours later, the judge confirmed that Mr. Requesens would remain in SEBIN headquarters. She ordered the confiscation of Mr. Requesens’ movable and immovable assets and froze his bank accounts. She placed the assets under the control of the National Office against Organized Crime.1254 Medical Examination 625. On 21 August 2018, Mr. Requesens was examined by SENAMECF.1255 A certificate dated 29 August 2018 confirmed that blood and urine tests were made to find traces of alcohol, marijuana or cocaine. The test, made 14 days after the arrest, was negative. SENAMECF did not test for substances of scopolamine and derivative products, despite allegations from family members, defence lawyers and other opposition members 1256 that such drugs had been used to induce the statement that Mr. Requesens said he could not remember making.1257 626. The Mission consulted an independent toxicologist and medical doctor who explained that clinical effects of scopolamine include retrograde amnesia, submission and pupil dilation, among other symptoms. Identifying scopolamine residues requires a specific test known as a chromatography HPLC test or spectrometry (GC-MS or LC-MS), available at 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 138 Mission Interview with Joel Garcia on 11 May 2020; Mission Interview with Rafaela Requesens on 18 May 2020. Mission Interview with Joel Garcia on 11 May 2020. Criminal Code, art. 128. Organic Law against Organized Crime and the Financing of Terrorism, art. 52. Criminal Code, art. 405 and 406 numeral 3 a. Criminal Code, art. 405 and 406 numeral 2. Organic law against organized crime and financing of terrorism art. 37. Criminal Code, art. 285. Law for the disarmament and control of weapons art. 111. Mission Interview with Joel Garcia on 11 May 2020. YouTube Video, Luigini Bracci Roa, Fiscal General Tarek William Saab, 14 agosto 2018, sobre atentado contra Maduro, 14 August 2018, available at: https://www.youtube.com/watch?v=Kdlxrn0Olg4 Tribunal ordena congelar cuentas y confiscar bienes del diputado Requesens available at: https://www.descifrado.com/2018/08/15/tribunal-ordena-congelar-cuentas-y-confiscar-bienes-deldiputado-requesens/. CIDH Resolution 79-2018, Medida Cautelar No.1039-18, Government Response, para. 8. NTN24, Expertos coinciden en que Requesens pudo haber sido dopado, 10 August 2018, available at: https://www.ntn24.com/america-latina/venezuela/expertos-coinciden-en-que-requesens-pudo-habersido-dopado-95362; https://twitter.com/joseolivaresm/status/1028053319703580674?s=20. Mission Interview with Joel Garcia in May 2020; Mission Interview with Rafaela Requesens on 18 May 2020.

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