A/HRC/45/CRP.11
309. The Mission identified a pattern in which DGCIM officers failed to present arrest
warrants and/or failed to explain the reason for the detention at the moment of arrest, 748 in
violation of national749 and international human rights standards.750 It has reasonable grounds
to believe that the practice was commonplace.
310. In all but one of the cases investigated, the Mission noted a discrepancy between the
date of the victim’s last known whereabouts and the official date of detention or the official
date on the arrest warrant.751 The official record usually placed the date of detention within
48 hours of the initial appearance, purportedly to appear in compliancewith the period
established by law for presentation before a court following arrest. 752 For example, Mr. Rafael
Acosta Arévalo’s whereabouts were unknown on 21 June 2019, as announced by his family
on social media, but his official date of detention appeared as 26 June 2019, two days before
he was brought for his initial appearance.
311. In each of the cases that the Mission investigated, within hours or days of arrests,
high-level Government authorities made public declarations about crimes the arrestee was
guilty of and sometimes showed presenting information in support of this, such as video
footage collected by informants of meetings in which coup attempts were purportedly
planned.
312. The Mission observes that these statements damaged the presumption of innocence
while also putting pressure on the judicial actors, in violation of article 14 (1) and (2) of the
ICCPR. Government representatives who often made declarations included President
Maduro, Diosdado Cabello (in his television show “Con el Mazo Dando”); 753 Minister of
Communications, Jorge Rodríguez Gómez;754 Minister of Defence, Vladimir Padrino
López;755 and/or Minister of the Interior, Néstor Reverol.756
Enforced Disappearances
313. The Mission has reasonable grounds to believe that some military dissidents and
persons associated with them were subjected to short term enforced disappearances during
the period under review. Once detained, arrestees were held without any contact with the
outside world, for periods ranging from five to seven days, without being permitted to call
family members or lawyers to inform them of their whereabouts.
314. Detainees’ family members approached DGCIM offices to inquire about their
whereabouts. In some cases, they were not provided with information and in others, DGCIM
personnel denied knowledge of the detainees’ whereabouts. As indicated above, international
748
749
750
751
752
753
754
755
756
Including the cases of Case 13: Captain Luis Humberto de la Sotta, Case 14: Major Isaias Lenin
Falcón, C3DD14, C3DD15, C3DD17, C3DD32, C3DD33, C3DD34.
1999 Constitution, art. 44.
ICCPR, art. 9.1.
Cases in which a discrepancy was observed included Case 17: Rafael Acosta Arevalo, Case 15:
Colonel Oswaldo Valentin Garcia Palomo, Case 15: Colonel Jose Rommel Acevedo Montañez, Case
15: Antonio José Iabichuela and Case 14: Captain Luis de la Sotta.
1999 Constitution, art. 44.
See e.g., YouTube Video, Luigini Bracci Roa, Diosdado Cabello muestra cronología y antecedentes
del golpe intentado por mercenarios en lanchas, 5 May 2020, available at:
https://www.youtube.com/watch?v=IxGy5dAxgaw
YouTube Video, Luigino Bracci Roa, Jorge Rodríguez, rueda de prensa sobre Oswaldo García
Palomo, 7 febrero 2019, 7 February 2019, available at:
https://www.youtube.com/watch?v=Emf7rsZ4yMw&t=2056s; YouTube Video, Luigino Bracci Roa,
Detuvieron a García Palomo haciéndole creer que militares iban a alzarse en Caracas, 7 February
2019, available at: https://www.youtube.com/watch?v=M7dGFdxl54s: YouTube Video, Luigini
Bracci Roa, ¿Quién era Rafael Acosta Arévalo y por qué fue detenido? Videos mostrados por Jorge
Rodríguez, 26 June 2016, available at: https://www.youtube.com/watch?v=QhUPlRf-ElM
Press Release of the FANB, 21 January 2019, available at:
http://www.mindefensa.gob.ve/mindefensa/2019/01/21/comunicado-de-la-fuerza-armada-nacionalbolivariana-13/
See e.g., YouTube Video, Luigino Bracci Roa, Néstor Reverol sobre captura de Oswaldo García
Palomo, vehículo falso de FAES y sicarios, 31 January 2019, available at:
https://www.youtube.com/watch?v=7Wi7PePInGo&t=318s
83
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