A/HRC/45/CRP.11 Terrorism-Related Crimes, presided by Judge Carol Padilla, as this court had ordered the arrest.1274 The terrorism court was closed, so no hearing took place. 643. The Sixth Court allowed Mr. Albán to appoint a defence team, but the lawyers were denied access to the case file. The defence team was provided with the arrest warrant, which had not been presented to Mr. Albán. Arrest warrant number 1CT-S-006-18, dated 4 October 2018, had been issued by Judge Carol Padilla of the Court of Control on Terrorism-Related crimes.1275 The warrant did not provide evidentiary support for the arrest required by the Criminal Procedure Code.1276 Mr. Albán was accused of terrorism,1277 attempting to murder the President and the military high command,1278 treason1279 and association to commit crimes.1280 Death in SEBIN Custody 644. At around 3.35 p.m. on 8 October 2018, Attorney General Tarek William Saab announced via telephone during a VTV broadcast that Fernando Albán had committed suicide. The Attorney General said Mr. Albán “was being investigated for the attempted assassination of President Nicolás Maduro [...]. The councilman asked to go to the bathroom and, while there, threw himself into the void from the tenth floor”. 1281 Mr. Albán’s initial court appearance had been scheduled for that day. 645. Later that day, Interior Minister Néstor Reverol made a statement with a slightly different version of events, saying that Mr. Albán had been in the waiting room at SEBIN Plaza Venezuela for transfer to court, when he threw himself out of a window falling to his death. The Minister of the Interior announced that the CICPC Deputy Director and a multidisciplinary team, along with the Public Prosecutor’s Office, had been instructed to investigate the case.1282 646. Both the Attorney General and the Minsiter of the Interior announced that cause of death was suicide even though an investigation had not been completed. 647. Following the announcement, relatives, lawyers, political activists and friends of Mr. Albán headed to SEBIN headquarters in Plaza Venezuela seeking information, which SEBIN officers refused to provide.1283 On the afternoon of 8 October, Mr. Albán’s body was transferred to the CICPC’s forensic medicine unit in Bello Monte for an autopsy. A family member was allowed access to the morgue to identify the body. At around 8.35 p.m. the body was delivered to the family for burial.1284 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 Mission Interview with Ramon Alfredo Aguilar on 27 May 2020, corroborated by statement of Attorney General; See also, YouTube Video, Luigino Bracci Roa, Nueva rueda de prensa del Fiscal Tarek William Saab sobre muerte de Fernando Albán, 10 octubre 2018, 10 October 2018, available at: https://www.youtube.com/watch?v=5TsGLC3n88Q Mission Interview with Ramon Aguilar on 27 May 2020. See document on profile of Karol Padilla, Armando Info, Carol Padilla, perfil de una jueza por encargo, 18 August 2019, available at: https://armando.info/Reportajes/Details/2593. See also YouTube Video, El Pitazo, Abogado de Fernando Albán: "Recusamos al ciudadano Tarek Williams Saab", 4 December 2018, available at: https://www.youtube.com/watch?v=Hc2LONBAWFM Criminal Procedure Code, arts. 232 and 236. Organic Law against Organized Crime and the Financing of Terrorism, art. 52. Criminal code art. 405 and 406 numeral 3 'a'. Criminal code art. 128. Organic Law against Organized Crime and the Financing of Terrorism, art. 37. See YouTube Video, Luigini Bracci Roa, Fiscal General sobre presunto suicidio del concejal Fernando Albán, 8 October 2018, available at: https://www.youtube.com/watch?v=K1j1PLu4m7s&t=152s https://twitter.com/VPITV/status/1049387595032158213?s=20 YouTube Video, NTN24 Venezuela, Abogado del concejal Fernando Albán duda que el edil se haya suicidado, 8 October 2018, available at: https://www.youtube.com/watch?v=jQ6rpRa8Xjs; YouTube Video, Viva Play Diputados y representantes de la oposición venezolana se encuentran en las afueras del Sebin de Plaza Venezuela para intentar obtener información sobre la muerte del concejal Fernando Albán, 8 October 2018, available at: https://www.youtube.com/watch?v=2DIEkiDthxE YouTube Video, VPITV, EN VIVO - Entregan Cuerpo del Concejal de Primero Justicia, 8 October 2018, available at: https://www.youtube.com/watch?v=ozucDPMjVWs 141

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