A/HRC/45/CRP.11
suffocated him with a plastic bag filled with tear gas. He was not given any food and had no
access to the bathroom.1469
772. During the night of 20 to 21 May 2018, the DGCIM officers removed his hood and
cuffed his hands in front of him as opposed to behind his back. They read him his rights and
made him sign a certificate stating that he had just been detained.1470 Captain de la Sotta told
family members that DGCIM officers had attempted to induce a confession that he had been
involved in planning a coup d’état, together with opposition political leader María Corina
Machado.1471
773. On 21 May 2018, Captain de la Sotta was examined by a forensic doctor from the
National Service of Medicine and Forensic Sciences (SENAMECF) of the Ministry of the
Interior. The report certified that Captain de la Sotta did not have external injuries and was
in good health.1472 According to Captain de la Sotta, he had visible signs of torture when the
doctor evaluated him.1473
Initial Court Appearance
774. On 22 May 2018, at 8 a.m., four days after his detention, the DGCIM officers
presented Luis de la Sotta and seven other individual before judge Claudia Carolina Pérez de
Mogollón at the First Military Court of Control in Caracas. Captain de la Sotta requested a
defence lawyer of his own choosing, but the court appointed a military public defender. 1474
775. Captain de la Sotta appeared in court in the same clothing he had been wearing when
arrested. His clothes were stained with blood and body fluids. 1475 Captain de la Sotta pointed
to the marks on his hands from the tight handcuffs and told the court, “I was tortured, abused
and suffocated by DGCIM officers”. He declared his innocence. 1476 The military defence
attorney requested Captain de la Sotta undergo a medical examination. Neither the military
prosecutor nor the judge responded to the torture allegations raised in court.
776. The judge ordered Captain de la Sotta’s pre-trial detention in DGCIM Boleíta. Captain
de la Sotta’s family was not informed that he had been brought to a hearing. 1477 Throughout
his time in detention, he was denied contact with anyone outside the facility.
Pre-trial detention in DGCIM Boleíta
777. After his initial court appearance on 22 May 2018, Captain de la Sotta was brought to
DGCIM Boleíta for pre-trial detention. He spent 33 days incommunicado in a room that
custodians called the “Crazy Room” (el Cuarto de los Locos) (see description above). 1478
Captain de la Sotta’s relatives made several attempts to visit him, but DGCIM officers
informed them that detainees had to spend 30 days incommunicado as an “adaptation
period”.1479
778. Captain de la Sotta was detained in solitary confinement. The custodians did not allow
him to use the bathroom regularly, so he often slept in his own bodily waste. He was beaten
and suffocated with a plastic bag. DGCIM officers made threats against his family. 1480
1469
1470
1471
1472
1473
1474
1475
1476
1477
1478
1479
1480
164
Mission Interview with Molly de la Sotta in May 2020.
Act of initial appearance, criminal case file CJPM-TM1C-011-2018, on file with the Mission.
Mission Interview with Molly de la Sotta in May 2020.
Report N 129 DET 3109-2018, on file with the Mission.
Mission Interview with Molly de la Sotta in May 2020.
Mission interview with Molly de la Sotta in May 2020.
Document C3DD02, on file with the Mission.
Act of initial appearance, criminal case file CJPM-TM1C-011-2018, on file with the Mission.
Mission interview with Molly de la Sotta in May 2020; Document C3DD02, on file with the Mission.
Mission Interview with Molly de la Sotta in May 2020.
Mission Interview with Molly de la Sotta in May 2020 and document C3DD02, on file with the
Mission. See also, YouTube Video, Resistencia Caracas Oficial, Sara de la Sotta, madre del Capitán
de Navío Luis Humberto de la Sotta, militar detenido, 3 July 2019, available at:
https://www.youtube.com/watch?v=9tAdqHHRORY.
Mission Interview with Molly de la Sotta in May 2020.
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