A/HRC/45/CRP.11
CASE 10: Fernando Alberto Albán
635. Fernando Alberto Albán was a council representative for Libertador Municipality of
Capital District, elected on 8 December 2013. He was also a Primero Justicia party board
member and participated in the protests of 2014, 2017 and 2019 as coordinator of the “PJ
Gremial Nacional” organisation. He campaigned for opposition candidates for the National
Assembly during the December 2015 election.
636. After National Assembly elections in 2015, Councillor Albán and his family received
a series of anonymous telephone threats. In September 2015, his son left Venezuela after
receiving death threats and at the time of writing was seeking asylum in the United States. 1266
In June 2017, his wife and his daughter also left the country following threats. Both were
granted asylum in the United States in July 2018.1267
637. In mid-August 2018, Mr. Albán traveled to New York, where he visited his family
and met with Primero Justicia party leaders, including opposition leader Julio Borges and
former mayor Gustavo Marcano. Mr. Albán also participated in side events at the United
Nations General Assembly in September 2018.1268
The Arrest
638. On 5 October 2018, Mr. Albán returned to Venezuela, arriving at Simón Bolívar
International Airport near Caracas, where he informed his wife that he had landed. SEBIN
officers detained him without an arrest warrant shortly after he passed through immigration.
He managed to inform a family member via text message that SEBIN officers were detaining
him.1269
639. The family member, who prefers to remain unnamed, together with a lawyer and a
Primero Justicia party representative went to the airport. They inquired about Mr. Albán at
the SEBIN office, but received no information. They made similar inquiries at SEBIN
headquarters in Plaza Venezuela and in El Helicoide, but officers denied having Mr. Albán
in custody.1270
640. On the morning of 6 October 2018, the family filed a formal complaint that Mr. Albán
was missing to the Public Prosecutor’s Office for Fundamental Rights. 1271 Several prominent
people, including religious leaders, made public demands about Fernando Albán’s
whereabouts and detention status.1272
641. Later that afternoon, Mr. Albán was permitted a telephone call with his wife, more
than 24 hours since his arrest. He informed her he was in detention on the tenth floor of
SEBIN’s Plaza Venezuela building, home to the counter-intelligence section. He said he had
not been mistreated, but was under pressure to incriminate National Assembly deputy Julio
Borges, who had been accused a few months earlier of involvement in the drone attack near
President Maduro on 4 August 2018.1273
642. On 7 October 2018, SEBIN officers took Mr. Albán to Caracas Palace of Justice,
where he was presented to the Sixth First Instance Court of Control of Caracas Metropolitan
Area. The court declined jurisdiction and referred the case to the Court of Control on
1266
1267
1268
1269
1270
1271
1272
1273
140
Asylum request form of Fernando Albán Osio, on file with the Mission.
Asylum certificate of Meudy Osio and Fernanda Albán, on file with the Mission.
Mission Interview with Meudy Osio de Albán on 26 May 2020.
Ibid.
Mission Interview with Meudy Osio de Albán on 26 May 2020, Mission Interview with Ramon
Alfredo Aguilar on 27 May 2020.
Complaint of enforced disappearance of Councillor Fernando Albán, before Public Prosecutor's
Office on Fundamental Rights, 6 October 2018, on file with the Mission.
https://twitter.com/FernanAlban/status/1048438265592926208?s=20;
https://twitter.com/vivoplaynet/status/1048607036697505792?s=20;
https://twitter.com/aneleymar/status/1048626773251039232?s=20;
https://twitter.com/Albanfernando/status/1048674858454962183?s=20.
Mission Interview with Meudy Osio de Albán on 26 May 2020.
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