A/HRC/45/CRP.11
defence, they were also denied access to his criminal case file. 1442 Concerns about Mr. Jaimes’
disappearance circulated widely in the press and on social media.1443
741. On 15 June 2018, the tribunal constituted a special commission to visit Mr. Jaimes
and verify his location and conditions in El Helicoide, and to appoint his defence counsel.
However, according to Mr. Jaimes’ defence, the judge failed to arrive and the appointment
could not be made.1444
742. That night, a guard lent Mr. Jaimes a phone to call his sister. He told her he was in El
Helicoide, that he had been badly beaten, and was suffering what he believed to be a broken
rib, severe bruising, fainting spells and asthma attacks. 1445
743. On 26 June 2018, the prosecutor presented formal charges against Mr. Jaimes,
confirming the pre-qualified charges. As Mr. Jaimes had been unable to appoint counsel, his
lawyers were denied access to his criminal file. The presiding judge accepted the prosecutor’s
accusation, and ordered Mr. Jaimes to remain in preventive custody. 1446
744. The formal accusation presented by the prosecution included limited information,
including the arrest record, search record, interviews with the SEBIN officers who conducted
the arrest and search, and reference to technical reports carried out on Mr. Jaimes’ devices
and bank accounts, without revealing their contents or the specific relation of those contents
to the charges.
745. The prosecution asserted that Mr. Jaimes had interfered with aircraft and airport radio
communications, and that the information he had published about the President’s movements
was illicitly obtained and unlawfully published. 1447 The Mission confirmed that the
information Mr. Jaimes published about the routes of the presidential aircrafts was publicly
available and that the scanner, erroneously identified as a radio, was not an information
transmitter.
746. The Government claimed to the Working Group on Arbitrary Detentions that
information presented by the prosecutor indicated Mr. Jaimes had used technological tools
to interfere with aircraft and airport radio communications. 1448
1442
1443
1444
1445
1446
1447
1448
160
Statement by Mr. Jaimes’ defence counsel from Espacio Público, available at:
https://twitter.com/espaciopublico/status/1004845897149288449.
See, for example, Human Rights Watch, “Held Incommunicado for Tweeting in Venezuela”, 11 June
2018, https://www.hrw.org/news/2018/06/11/held-incommunicado-tweeting-venezuela; Radio
Caracas, “En vivo por rcr.tv #YAsíNosVa con Nehomar Hernández y Daniel Lara”, 12 June 2018,
https://www.pscp.tv/w/1YqJDQPovkLxV; Efecto Cocuyo, “Creador de @AereoMeteo tiene 25 días
desaparecido tras ser presentado en tribunales”, 6 June 2018,
https://efectococuyo.com/sucesos/creador-de-aereometeo-tiene-25-dias-desaparecido-tras-serpresentado-en-tribunales/.
Working Group on Arbitrary Detentions, Opinión núm. 39/2019, relativa a Pedro Jaimes Criollo
(República Bolivariana de Venezuela), A/HRC/WGAD/2019/39, 19 September 2019, available at:
https://www.ohchr.org/Documents/Issues/Detention/Opinions/Session85/A_HRC_WGAD_2019_39.
pdf
Interview conducted by El Diario, 22 November 2019, verified by and on file with the Mission;
Espacio Público, “Tras un mes desaparecido, Pedro Jaimes se comunicó con su familia”, 16 June
2018, http://espaciopublico.ong/tras-un-mes-desaparecido-pedro-jaimes-se-comunico-con-su-familia/.
Prosecutor’s request for continued pre-trial detention indicated in Formal Accusation, MP-16303-18,
p. 12, on file with the Mission.
Formal Accusation, MP-16303-18, pp. 9-11, on file with the Mission.
Working Group on Arbitrary Detentions, No. 39/2019, A/HRC/WGAD/2019/39, 19 September 2019,
available at:
https://www.ohchr.org/Documents/Issues/Detention/Opinions/Session85/A_HRC_WGAD_2019_39.
pdf.
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