A/HRC/45/CRP.11
of the other accused in Mr. de la Sotta’s case had been transferred to Ramo Verde.1491 During
the preliminary hearing, the judge affirmed that Mr. de la Sotta would remain at DGCIM
Boleíta.
786. The court did not accept the appointment of Captain de la Sotta’s chosen legal
representative until November 2018, approximately one month before the preliminary
hearing. Further, it did not share the complete case file with the defence for the preliminary
hearing, as required by law, hindering the preparation of defence arguments. On 20 December
2018, the control court judge presented her ruling on the preliminary hearing orally.
787. It was not until after the defence filed an injunction appeal on 15 February 2019 that
the court martial ordered the court of control to release the certified copies of the hearing
transcripts.1492 On 25 February 2019, the judge signed the conclusive act of the preliminary
hearing.
788. At the time of writing, Captain de la Sotta remained detained and awaiting trial in
DGCIM Boleíta.
Detention in the “House of Dreams”
789. On 1 January 2020, at 4 p.m., Captain de la Sotta, Colonel Johnny Mejías Laya,
Lieutenant Colonel Ruperto Molina and Lieutenant Colonel Igbert Marín Chaparro were
moved from Basement 1. They were not informed of their destination and were only allowed
to take some of their belongings.1493
790. DGCIM custodians handcuffed them, put hoods on them and placed them in a car.
They were driven for a long time. Some of detainees assumed the long drives were to give
them the false impression that they were far from the main headquarters. One of the
detainee’s relative told the Mission, “This procedure generates uncertainty, anguish and
stress, not knowing where they will be transferred and if they will be tortured, either
physically or psychologically, as has happened on previous occasions”. 1494
791. DGCIM officers took the five men to a basement they referred to as the “House of
Dreams”.1495 DGCIM staff told the family members that the detainees were transferred as the
other facilitiy was under fumigation. Relatives were sceptical about this explanation and felt
concerned.1496 Since his transfer in January 2020 until the time of writing, Captain de la Sotta
has spoken by phone to his family on limited occasions, with each call monitered. Captain
de la Sotta’s health has deteriorated further.1497
792. Family visits stopped completely with the Covid-19 outbreak. On 21 July 2020,
Captain de la Sotta’s mother filed a complaint to the Public Prosecutor’s Office regarding her
son’s detention conditions.1498
1491
1492
1493
1494
1495
1496
1497
1498
166
Decision dated 25 February 2019, on file with the Mission
See request of the President of the Martial Court to Judge of First Court of Control, 19 February 2019,
on file with the Mission.
Document C3DD45, on file with the Mission.
Document C3DD45, on file with the Mission.
Mission interview with Molly de la Sotta in May 2020, Complaint letter sent by Lawyer Carlos Bello
to the First Criminal Court on 21 January 2020, complaint letter sent by Molly de la Sotta to the
Office of the Ombudsman on 17 February 2020, on file with the Mission.
Document C3DD45 of January 2020, on file with the Mission.
Complaint letter sent by Lawyer Carlos Bello to the First Criminal court on 21 January
2020,complaint letter sent by Molly de la Sotta to the Human Rights Ombudsperson’s Office, on 17
february 2020 on file with the Mission.
Complaint filed by Sara María Quiroga de la Sotta, on 21July 2020 to the Director General of
Procedural Action of the Public Prosecutor's Office, Deputy Director of Execution of Human Rights
Sentences, on file with the Mission.
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