A/HRC/45/CRP.11 Despite attempts, the Mission has not been able to gather information on the status of the judicial process. 1215. As of February 2017, the 12 soldiers belonging to the 323 Caribbean Battalion accused of the death of the 12 young men were held in pre-trial detention at the order of the Court of First Instance in Control Functions No. 1 of the Criminal Judicial Circuit of the Miranda state.2175 The accused spent three months in Tocuyito prison and since 10 March 2017, have been in the Thirty-Fifth Military Police Brigade Detention Centre in Fort Tiuna.2176 1216. The case against Lieutenant Rojas Córdova was still under process at the time of writing. Two of the accused were sentenced to 22 years, nine months and 15 days. This decision was appealed by the Public Prosecutor’s Office, requesting 26 years despite the fact that the two accused confessed their participation in the crime. 2177 1217. On 7 August 2020, the Mission contacted the Government requesting a status update in both this case and the death of the teenager. At the time of writing, it had not received a response. Findings 1218. Based on the facts above, the Mission has reasonable grounds to believe that arbitrary detentions, acts of torture, extrajudicial executions and enforced disappearances were committed against the twelve men mentioned above. Soldiers belonging to FANB 323 Caribbean Batallion “José María Camacaro Rojas” were involved in these violations. Five other young men were still forcibly disappeared at the time of writing. 1219. The Mission has reasonable grounds to believe that at least seven people were arbitrarily detained and tortured before being released. 1220. The Mission also has reasonable grounds to believe that the teenager mentioned above was arbitrarily detained and tortured to death by soldiers belonging to FANB 321 Carribean Batallion “Major General Pedro Zaraza”. 2175 2176 2177 240 Public Prosecutor’s Office, Barlovento: informe sobre víctimas y hechos ocurridos en Barlovento: masacre a 12 personas, February 2017, p. 49, available at: https://lortegadiaz.com/wpcontent/uploads/2017/12/barlovento-ultima-version4-16-05-2017.pdf. Document C4FF07 on file with the Mission. Ibid.

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