A/HRC/45/CRP.11 accordance with the familie’s wish for a Christian burial in their city of origin. The media was not permitted access to the burial and the coffin was sealed. 1642 Accountability 917. On 30 June 2019, the Public Prosecutor’s Office charged two DGCIM officers, Lieutenant Ascanio Antonio Tarascio Mejía and Second Sergeant Estiben José Zárate Soto, 23 and 22 years old respectively, with the murder of Capitain Acosta Arévalo. Both were low-ranking officers with the Special Directorate of Penal and Criminalistic Investigations (DEIPC) of the DGCIM. They were the only people arrested in conjunction with the case. 918. The two DGCIM officers were charged with preterintentional (involuntary) homicide, meaning the perpetrator had intent to injure but not to kill, as the death would not have occurred without pre-existing condition unknown to the accused.1643 Both Captain Acosta Arévalo’s lawyer and his wife have affirmed that Captain Acosta Arévalo was in good physical condition prior to his detention and had no underlying health problems. 1644 919. The Public Prosecutor’s Office did not carry out an investigation into allegations of torture. Most of the information presented in the prosecutor’s investigation related to Captain Acosta Arévalo himself, including information about requests made to his bank, the migration service, his cellular phone provider and family members. 1645 920. The DGCIM officers’ preliminary hearing took place on 1 July 2019 before the Thirty-Sixth Court of Control for the Caracas area Criminal Circuit. The court ordered the detention of both men. The men were ordered to be held at DGCIM Boleíta during pre-trial detention.1646 921. Captain Acosta Arévalo’s legal representatives were not notified about the hearing, so could not make representation. The only information heard was that put forth by the Public Prosecutor’s Office, which did not present any information regarding Captain Acosta Arévalo’s whereabouts between 21 and 26 June 2019.1647 The Public Prosecutor’s Office did not present any probatory evidence, such as intent to injure Captain Acosta Arévalo. 1648 922. The public prosecutors did not mention the word “torture” in the accusation. The crime of torture has a higher penalty (15 to 25 years)1649 than that of preterintentional (involuntary) homicide (seven to 15 years). 1650 Further, under Venezuela’s specialized law on torture, the State has co-responsibility for the crimes.1651 As a result, only the direct perpetrators faced charges, exempting higher-level officers from responsibility. 923. On 24 September 2019, the court issued its judgment, finding the two DGCIM officers guilty of preterintentional (involuntary) homicide and sentencing them each to six years and 1642 1643 1644 1645 1646 1647 1648 1649 1650 1651 184 YouTube Video, TVV, Se realizó inhumación controlada al Capitán Rafael Acosta Arévalo, 10 July 2019, available at: https://www.youtube.com/watch?v=zv3Ldcqxp4A; Mission Interview with Waleska Perez on 24 April 2020; Mission Interview with Alonso Medina in April 2020. Criminal Code, art. 410. Mission Interview with Waleska Pérez on 24 April 2020; Mission Interview with lawyer Alonso Medina in April 2020 File K-19-0017-00346, Causa No. 36 C-19.464-19, on file with the Mission. Act of initial appearance, Causa No. 36 C-19.464-19, on file with the Mission. Mission Interview with Alonso Medina in April 2020. File K-19-0017-00346, Causa No. 36 C-19.464-19 on file with the Mission. Special Law to Prevent and Sanction Torture and Other Cruel, Inhuman or Degrading Treatment, Official Gazette No. 40.212, 22 July 2013, art. 14, available at: http://monitorlegislativo.net/wpcontent/uploads/2014/11/Ley-Especial-para-prevenir-y-sancionar-la-tortura-y-otros-tratos-cruelesinhumanos-y-degradantes-2013.pdf. Criminal Code, art. 410. Special Law to Prevent and Sanction Torture and Other Cruel, Inhuman or Degrading Treatment, Official Gazette No. 40.212, 22 July 2013, arts. 2 and 5. In addition, article 20 provides for sanctions for the intellectual author of the crime and article 30 excludes the defence of superior orders as possible grounds for excluding criminal responsibility. Law available at: http://monitorlegislativo.net/wp-content/uploads/2014/11/Ley-Especial-para-prevenir-y-sancionar-latortura-y-otros-tratos-crueles-inhumanos-y-degradantes-2013.pdf.