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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents