opencaselaw.ch

A/HRC/WGAD/2024/27

Opinion No. 27/2024 concerning Marco Antonio Garcés Carapaica (Bolivarian Republic of Venezuela)

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2024-08-30 · en UN

Opinion; Subjects: VENEZUELA (BOLIVARIAN REPUBLIC OF), ARBITRARY DETENTION; [WGAD: UNO-Arbeitsgruppe über willkürliche Inhaftierung, willkürliche Haft; Groupe de travail sur la détention arbitraire; Gruppo di lavoro sulla detenzione arbitraria]

Volltext (verifizierbarer Originaltext)

GE.24-21349 (E) 130125 150125

Human Rights Council

Working Group on Arbitrary Detention

Opinions adopted by the Working Group on Arbitrary

Detention at its one hundredth session, 26–30 August 2024

Opinion No. 27/2024 concerning Marco Antonio Garcés Carapaica

(Bolivarian Republic of Venezuela)

1.

The Working Group on Arbitrary Detention was established in resolution 1991/42 of

the Commission on Human Rights. In its resolution 1997/50, the Commission extended and

clarified the mandate of the Working Group. Pursuant to General Assembly resolution 60/251

and Human Rights Council decision 1/102, the Council assumed the mandate of the

Commission. The Council most recently extended the mandate of the Working Group for a

three-year period in its resolution 51/8.

2.

In accordance with its methods of work,1 on 2 December 2022, the Working Group

transmitted to the Government of the Bolivarian Republic of Venezuela a communication

concerning Marco Antonio Garcés Carapaica. The Government replied to the communication

on 27 February 2023. The State is a party to the International Covenant on Civil and Political

Rights.

3.

The Working Group regards deprivation of liberty as arbitrary in the following cases:

(a)

When it is clearly impossible to invoke any legal basis justifying the

deprivation of liberty (as when a person is kept in detention after the completion of his or her

sentence or despite an amnesty law applicable to him or her) (category I);

(b)

When the deprivation of liberty results from the exercise of the rights or

freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of

Human Rights and, insofar as States parties are concerned, by articles 12, 18, 19, 21, 22, 25,

26 and 27 of the Covenant (category II);

(c)

When the total or partial non-observance of the international norms relating to

the right to a fair trial, established in the Universal Declaration of Human Rights and in the

relevant international instruments accepted by the States concerned, is of such gravity as to

give the deprivation of liberty an arbitrary character (category III);

(d)

When asylum-seekers, immigrants or refugees are subjected to prolonged

administrative custody without the possibility of administrative or judicial review or remedy

(category IV);

(e)

When the deprivation of liberty constitutes a violation of international law on

the grounds of discrimination based on birth, national, ethnic or social origin, language,

religion, economic condition, political or other opinion, gender, sexual orientation, disability,

or any other status, that aims towards or can result in ignoring the equality of human beings

(category V).

1 A/HRC/36/38.

United Nations

A/HRC/WGAD/2024/27

General Assembly

Distr.: General

2 December 2024

English

Original: Spanish

A/HRC/WGAD/2024/27

2

GE.24-21349

1.

Submissions

(a)

Communication from the source

4.

Marco Antonio Garcés Carapaica is an engineering student and a Venezuelan national

who usually resides in the city of Maracay. At the time of his arrest, in September 2020, he

was 24 years old.

(i)

Arrest and criminal proceedings

5.

According to the source, on 9 September 2020, Mr. Garcés Carapaica was in the city

of Maracaibo as he had come from Colombia and had to go to the city of Coro in the state of

Falcón. Members of his family wanted to pick him up but they did not have enough petrol to

travel there. At 11 a.m., Mr. Garcés Carapaica called them to say that he had hired a car with

other unknown persons and a man from North America for whom he was going to work as a

translator to earn the money that he needed to travel and that they were going to drop him off

in the city of Coro.

6.

On the same day, when passing through a checkpoint in Los Pedros, the car was

stopped for inspection by officers of the Bolivarian National Guard. When the officers

became aware of the presence of the foreign national, they arrested them. At the time of the

arrest, the officers did not show a warrant or any other decision issued by an authority.

7.

At 1 p.m., Mr. Garcés Carapaica called his mother shouting “Mum!” but that was the

only thing that he was heard to say. After that point, his family did not hear from him again.

8.

On 10 September 2020, Mr. Garcés Carapaica’s family learned that he had been

arrested along with other persons at the Los Pedros checkpoint in the city of Falcón. The

arrested persons included the driver of the car, a soldier and a citizen of the United States of

America. The driver’s wife was subsequently arrested as she was the owner of the vehicle.

9.

The authorities handed Mr. Garcés Carapaica over to the Directorate General of

Military Counter-Intelligence and, according to the source, also provided the supposed

evidence that was used to implicate him in an offence. They had seized three mobile phones,

two credit cards and a satellite phone belonging to the citizen of the United States. They then

presented the arrested persons as an organized gang in Falcón, even though they had not

known each other previously. They took them to Caracas but brought them back to Falcón

within a few hours.

10.

At a press conference held on 20 September 2020, the Attorney General of the

Republic said that Mr. Garcés Carapaica had been arrested along with other persons,

including a citizen of the United States who was carrying out espionage and destabilization

activities. He added that this citizen was being supported by a group of Venezuelan citizens

who intended to disrupt the national electricity service and the oil industry. He showed a rifle,

a bag containing United States dollars, an AT4 grenade launcher, a few containers of C-4

explosive material and even a cap bearing the initials DGCIM, which stands for Directorate

General of Military Counter-Intelligence. He said that they were being detained for allegedly

having committed the offences of terrorism, criminal association, treason and illegal

possession of a firearm. The source reports that, up until that point, Mr. Garcés Carapaica’s

family members had not been informed of his whereabouts.

11.

According to the source, the President of the Republic also made statements about the

arrest of Mr. Garcés Carapaica, linking him to a citizen of the United States who was alleged

to be a spy.

12.

On 22 September 2020, a relative of Mr. Garcés Carapaica went to Caracas but

initially received no response from the authorities about his whereabouts. He even went to

the Directorate General of Military Counter-Intelligence and El Helicoide detention centre

but the officials of these agencies did not provide him with any information. He subsequently

visited the “house of dreams” sector of the Directorate General of Military

Counter-Intelligence in Plaza Venezuela and was able to confirm that Mr. Garcés Carapaica

was being held there.

A/HRC/WGAD/2024/27

GE.24-21349

3

13.

On the evening of 22 September 2020, Mr. Garcés Carapaica was allowed to make

one phone call. He appeared to be under surveillance and seemed confused about the charges

against him and the things that had happened to him. He told his family members that, on

17 September, his initial appearance had taken place before the First Procedural Court of

First Instance, which has national jurisdiction over cases involving terrorism. Subsequently,

his family members were allowed to communicate with him only by telephone, every two

weeks, until 21 December 2020, when the authorities allowed one family member to visit

him. Mr. Garcés Carapaica’s family was therefore able to see him for the first time three

months after his arrest.

14.

From that first visit onward, Mr. Garcés Carapaica’s family members could see that

there were bruises on his body and marks on his wrists caused by handcuffs. The source

reports that Mr. Garcés Carapaica had no feeling in his thumbs for two or three months

because the handcuffs were not removed. He was also tied naked to a grille.

15.

According to the source, at night, while some people slept, others were beaten, doused

in cold water and exposed to the cold air. Mr. Garcés Carapaica was made to kneel and a gun

and plastic bags were put on his head. He was not allowed to go to the bathroom or sleep and

was not even given food. He was often moved about with adhesive tape over his eyes and

manila folders over his face so that he would not know where he was. He was also forced to

remain standing or kneeling. As Mr. Garcés Carapaica was the only bilingual person, he also

assisted the citizen of the United States and continued to act as his translator. According to

the source, during Mr. Garcés Carapaica’s stay at the Directorate General of Military

Counter-Intelligence, he contracted the coronavirus disease (COVID-19) but did not receive

any medical assistance or the corresponding vaccination.

16.

Following the issuance of a decree by the President of the Republic ordering the

relocation of all inmates, Mr. Garcés Carapaica was transferred to Rodeo 2 Prison on the

night of 25 May 2021. According to the source, he was transferred without his clothes

because the officers had stolen his belongings. The source claims that conditions at Rodeo 2

are suboptimal and unsanitary: there are no toilets and the inmates must defecate on the floor.

In this prison, everything has to be paid for by family members, including fans, food and

water. Owing to the poor prison conditions, Mr. Garcés Carapaica suffered from fever,

diarrhoea and stomach pains, and could not sleep.

17.

Mr. Garcés Carapaica also had infected mosquito bites and boils, for which he did not

receive medical attention. The source notes that four inmates died of tuberculosis in the

prison where Mr. Garcés Carapaica was held. These situations were reported but no response

was received.

18.

With regard to the legal proceedings, the source reports that the preliminary hearing

took place on 24 February 2021 before a court with jurisdiction over terrorism-related cases,

following two attempts to hold hearings that had been deferred. At the hearing, the judge

dismissed the pleas made and evidence filed by the defence lawyers and ruled to send the

case to trial.

19.

Following the preliminary hearing held on 24 February 2021, the trial began on

17 June 2021 before the Third Trial Court of First Instance with national jurisdiction to hear

cases involving terrorism in the criminal court circuit for the Caracas metropolitan area.

20.

The judge postponed the start of the trial 10 times because the Court had not issued a

transfer warrant. In view of this situation, the Court ordered that the case be restarted on

16 November 2021. According to the source, an official of the Directorate General of

Military Counter-Intelligence stated at the hearing that he did not know why he had detained

these people.

21.

The source reports that more than 29 trial hearings have been set but have been

suspended because the transfer warrants are not being issued properly, as there are more than

10 people detained in different prisons in connection with the same case. In addition, officials

of the Directorate General of Military Counter-Intelligence identified as participants in acts

of torture have refused to attend the hearings. Of these officials, 17 have yet to testify.

A/HRC/WGAD/2024/27

4

GE.24-21349

(ii)

Legal analysis

22.

The source argues that Mr. Garcés Carapaica’s detention falls under categories I and

III of the Working Group.

a.

Category I

23.

The source points out that there is a lack of evidence. It recalls article 9 of the

International Covenant on Civil and Political Rights, which provides that “no one shall be

deprived of his liberty except on such grounds and in accordance with such procedure as are

established by law”. It also establishes that “anyone arrested or detained on a criminal charge

shall be brought promptly before a judge or other officer authorized by law to exercise

judicial power and shall be entitled to trial within a reasonable time or to release”.

24.

Article 44 of the Constitution of the Bolivarian Republic of Venezuela states that no

person may be arrested or detained except under a court order, unless caught in flagrante

delicto. In such cases, the person must be brought before a judicial authority within 48 hours

of the arrest. He or she must remain free during the trial, except under the circumstances

provided for by law and assessed by the judge hearing the case.

25.

Moreover, principle 37 of the Body of Principles for the Protection of All Persons

under Any Form of Detention or Imprisonment provides that “a person detained on a criminal

charge shall be brought before a judicial or other authority provided by law promptly after

his arrest. Such authority shall decide without delay upon the lawfulness and necessity of

detention.”

26.

In this regard, the source argues that, in the present case, there were no grounds for

detention under domestic law, since Mr. Garcés Carapaica was not caught in the act of

committing an offence and there was no evidence that an arrest warrant issued by a judicial

authority was produced at the time of his arrest. Nor is there any evidence to justify the arrest

and the subsequent refusal to release him or impose an alternative measure to deprivation of

liberty. The fact that Mr. Garcés Carapaica was in a vehicle with a citizen of the United States

does not implicate him in an offence.

27.

The source recalls that, at the time of the arrest, the only objects seized by the

Bolivarian National Guard were three mobile phones, two credit cards and a satellite phone.

The accused persons were not in possession of any weapons or explosives. The source claims

that, owing to the political situation, Mr. Garcés Carapaica was linked to an alleged operation

of which he was unaware.

28.

In this respect, Mr. Garcés Carapaica’s detention was not justified by a clear, precise

and detailed account of the facts such as to substantiate his responsibility for or involvement

in any offence. Thus an arrest was made and pretrial detention ordered without sufficient

evidence for the person reasonably to be suspected of criminal conduct or for it to be claimed

that the detention was strictly necessary.

29.

The source states that Mr. Garcés Carapaica was subjected to enforced disappearance.

It notes that, while the Covenant does not explicitly use the term “enforced disappearance”

in any of its articles, enforced disappearance constitutes a unique and integrated series of acts

that represents a continuing violation of various rights recognized in the treaty, such as the

right to life, the right not to be subjected to torture or other cruel, inhuman or degrading

treatment or punishment, and the right to liberty and security of person.2

30.

According to the International Convention for the Protection of All Persons from

Enforced Disappearance, a multidimensional human rights violation arises when there is a

conjunction of three factors: (a) deprivation of liberty; (b) direct intervention by, or

acquiescence of, agents of the State; and (c) a refusal to acknowledge the detention or

concealment of the fate or whereabouts of the person.

31.

The source maintains that, in the present case, all these factors coincide. According to

the source, Mr. Garcés Carapaica was unlawfully deprived of his liberty and agents of the

State participated in the deprivation or acquiesced to it; it may be recalled that no action was

2 CCPR/C/128/D/2893/2016, para. 3.1.

A/HRC/WGAD/2024/27

GE.24-21349

5

taken by the officials of the Directorate General of Military Counter-Intelligence at the police

headquarters, where Mr. Garcés Carapaica was kept for 11 days without his family or lawyers

being informed. Therefore, in addition to the violation of the right to personal liberty owing

to unlawful detention, the source also considers that the detention was unlawful because there

was a violation of Mr. Garcés Carapaica’s right to physical integrity and recognition as a

person before the law resulting from the multidimensional nature of the enforced

disappearance, since he could not continue exercising or enjoying other rights,3 in this case,

the right to be heard by a judge within a reasonable period of time and the right to physical

integrity.

b.

Category III

32.

The source claims that there was a violation of the right to be heard and the right to

the presumption of innocence. It may be recalled that, under article 14 (1) of the Covenant,

everyone is entitled to a fair and public hearing by a competent, independent and impartial

tribunal in the determination of any criminal charge brought against him or her. In accordance

with this legal framework, every person has the right to a hearing, with due guarantees and

within a reasonable time, by a competent judge or court.

33.

According to article 14 (2) of the Covenant, everyone charged with a criminal offence

must have the right to be presumed innocent until proved guilty according to law. The

presumption of innocence, which is fundamental to the protection of human rights, imposes

on the prosecution the burden of proving the charge, guarantees that no guilt can be presumed

until the charge has been proved beyond reasonable doubt, ensures that the accused has the

benefit of doubt, and requires that persons accused of a criminal act must be treated in

accordance with this principle.4

34.

The Inter-American Court of Human Rights has established in its jurisprudence that

pretrial detention is a precautionary and non-punitive measure, and therefore should not serve

as a form of advance punishment. This measure is intended to ensure that the person

concerned does not hinder the proceedings or escape justice. However, the detained person’s

liberty should not be restricted beyond the limits strictly necessary for this purpose.5

35.

The source recalls that the Human Rights Committee has stated that pretrial detention

must be applied only as a measure of last resort and for the shortest appropriate period of

time, and must be accompanied by adequate procedural and substantive safeguards

established by law. These safeguards include effective remedies for the vindication of the

rights of detainees, including initial and periodic judicial review of the lawfulness of the

detention, and to prevent conditions of detention incompatible with the Covenant.6

36.

In this regard, it may be argued that this detention was arbitrary under category III

since the right to be heard and the right to the presumption of innocence were not respected,

given that the State has not guaranteed a fair trial but has postponed the proceedings on

29 occasions. The continual deferrals are not the fault of the victims or their lawyers but

result from matters that can be resolved by the court, such as the transfers of detainees and

the presentation of testimonial evidence. In this regard, article 340 of the Code of Criminal

Procedure provides that if a source of evidence (witness) fails to appear, the judge may

suspend the trial only once, and that the witness may be obligated to appear by law

enforcement officers (enforcement of summons) if he or she fails to appear when summonsed

by the court. It also provides that, in the event that such a source of evidence (including any

witnesses) cannot be located, the judge may dispense with it, that is, continue with the trial

without evaluating it.

3 Inter-American Court of Human Rights, Anzualdo Castro v. Peru, judgment of 22 September 2009

(Preliminary Objections, Merits, Reparations and Costs), Series C, No. 202, paras. 90 and 91.

4 Human Rights Committee, general comment No. 32 (2007), para. 30.

5 Inter-American Court of Human Rights, Bayarri v. Argentina, judgment of 30 October 2008

(Preliminary Objections, Merits, Reparations and Costs), Series C, No. 187, para. 110; and Suárez

Rosero v. Ecuador, judgment of 12 November 1997 (Merits), Series C, No. 35, para. 77.

6 Fijalkowska v. Poland, communication No. 1061/2002, para. 8.3.

A/HRC/WGAD/2024/27

6

GE.24-21349

37.

The source reports that, according to the Third Trial Court of First Instance with

national jurisdiction to hear cases involving terrorism in the criminal court circuit for the

Caracas metropolitan area, the 29 deferrals occurred because of the failure of the witnesses

to appear, among other reasons. The source concludes that, in this regard, the judge is failing

to apply article 340 of the Code of Criminal Procedure, thereby seriously undermining the

detainee’s judicial guarantees, including the right to be heard.

38.

The source recalls that the indictment was admitted on 24 February 2021 and the case

was ordered to go to trial. It is clear that, at the time of writing, more than one year and nine

months have passed without the trial having ended, which shows that the judicial authorities

are acquiescent in the prolongation of these proceedings, during which the victim remains

deprived of his liberty.

39.

This situation undermines the presumption of innocence of Mr. Garcés Carapaica,

who is awaiting trial without being guaranteed the effective resources that would allow him

to remain at liberty during the proceedings. The source argues that pretrial detention is being

used as an advance penalty rather than as a precautionary measure, in violation of the

Covenant, since no admissible evidence justifying his imprisonment has been put forward

and his guilt has been presumed in that pretrial detention has been imposed without grounds

and without any consideration being given to requests for it to be revoked or for an alternative

measure to be used.

40.

According to the source, Mr. Garcés Carapaica has been unjustly detained and

prosecuted and, at the time of submission of this communication, has been deprived of his

liberty in deplorable conditions for more than two years. He has also been subjected to torture

and ill-treatment by agents of the State, which has harmed his bodily and mental integrity.

41.

The source points out that the Mr. Garcés Carapaica did not benefit from any judicial

oversight following his arrest. The source recalls that, in accordance with article 9 (3) of the

Covenant, read in conjunction with article 44 (1) of the Constitution of the Bolivarian

Republic of Venezuela, all persons deprived of their liberty must be brought promptly and

without delay before a judge, who must rule on the legality of the detention.

42.

In this regard, the Human Rights Committee has established that article 9 (3) of the

Covenant requires that any person arrested or detained on a criminal charge must be brought

promptly before a judge or other officer authorized by law to exercise judicial power. That

requirement applies in all cases without exception and does not depend on the choice or

ability of the detainee to assert it.7

43.

The requirement applies even before formal charges have been asserted, so long as

the person is arrested or detained on suspicion of criminal activity. The right is intended to

bring the detention of a person in a criminal investigation or prosecution under judicial

control. It is inherent to the proper exercise of judicial power that it be exercised by an

authority which is independent, objective and impartial in relation to the issues dealt with.8

44.

The source claims that, following Mr. Garcés Carapaica’s arrest, he was not brought

before a judge within a reasonable time. This is because he was arrested on 9 September 2020

but it was not until 17 September 2020 that his initial appearance took place before the First

Procedural Court of First Instance, which has national jurisdiction over cases involving

terrorism. The 48-hour period within which he should have brought before a judge, provided

for in article 44 (1) of the Constitution, was exceeded by some margin, depriving him of this

judicial safeguard.

45.

The source states that these facts illustrate the State’s failure to comply with its

obligation to respect and ensure due judicial oversight of Mr. Garcés Carapaica’s arbitrary

detention, in violation of article 9 (3) of the Covenant. This demonstrates the total or partial

non-observance of the international norms relating to the right to a fair trial.

7 Human Rights Committee, general comment No. 35 (2014), para. 32.

8 Ibid.

A/HRC/WGAD/2024/27

GE.24-21349

7

(b)

Response from the Government

46.

The Working Group, in accordance with its methods of work, transmitted the source’s

allegations to the Government of the Bolivarian Republic of Venezuela on 2 December 2022

and requested it to submit a response by 31 January 2023. The Government requested an

extension of the time limit for its response, which was granted. The Working Group received

the Government’s response on 27 February 2023, within the established time limit.

47.

The Government informed the Working Group that Mr. Garcés Carapaica has been

deprived of his liberty in connection with a criminal trial before the Third Trial Court of First

Instance with national jurisdiction to hear cases involving terrorism in the criminal court

circuit for the Caracas metropolitan area.

48.

The Government claims that Mr. Garcés Carapaica was arrested for his alleged

involvement in the commission of the offences of treason, terrorism, illicit trafficking in

firearms and explosives, and criminal association.

49.

The Government states that the criminal proceedings against Mr. Garcés Carapaica

are related to his alleged involvement in espionage and sabotage activities aimed at

undermining the constitutional order of the country through violent attacks against legitimate

State institutions, especially those related to the military and core strategic industries such as

the national electricity service and the Venezuelan oil industry.

50.

The Government states that, according to the criminal investigation conducted by the

Public Prosecution Service and the subsidiary investigative bodies, Mr. Garcés Carapaica

allegedly formed part of a criminal organization made up of foreign nationals who, in

collaboration with Venezuelan nationals, both civilian and military, were planning to bring

people into Venezuelan territory through irregular routes to obtain strategic information on

the Amuay oil refinery in the state of Falcón and the Punto Fijo Naval Base in Operational

Defence Zone No. 12, as well as on the weapons storage facility of the Fourth Company and

Detachment No. 111 of the Bridge over Lake Maracaibo (military units in the states of Falcón

and Zulia, respectively).

51.

The Government reports that, on 10 September 2020, Mr. Garcés Carapaica was

arrested by officers of the Directorate General of Military Counter-Intelligence, who were

wearing the correct uniform and displaying the appropriate identification, when he was

traveling on the national highway in Falcón state in a grey Chery Arauca with licence plate

number AH642ZA. During a patrol, the vehicle in which Mr. Garcés Carapaica was traveling

with three other people was stopped. When Mr. Garcés Carapaica’s details were checked in

the system, he was found to be the subject of a criminal investigation by the Public

Prosecution Service for allegedly committing the offence of treason.

52.

During the inspection, several heavy firearms were found in the vehicle, as well as a

significant amount of cash in United States dollars. This led to Mr. Garcés Carapaica’s arrest,

which was carried out in flagrante delicto, in accordance with article 44 of the Constitution,

article 234 of the Code of Criminal Procedure and article 9 (1) of the Covenant.

53.

Throughout the arrest process, Mr. Garcés Carapaica’s human rights were respected

and he was not subjected to any physical or verbal abuse, as demonstrated by a document

certifying that he was not subjected to ill-treatment, dated 10 September 2020, which bears

his signature along with his fingerprints.

54.

The Government claims that the proceedings were conducted by the Directorate

General of Military Counter-Intelligence, acting as a criminal investigation body appointed

by the court hearing the case, in accordance with article 113 of the Code of Criminal

Procedure and articles 3 (4) and (5) of the Directorate’s general regulations.

55.

On 13 September 2020, Mr. Garcés Carapaica was brought before the First Procedural

Court of the court circuit for the state of Falcón for an initial oral hearing, as provided for in

article 236 of the Code of Criminal Procedure, and was assisted by a public defender. All due

process guarantees were met and the legitimate right to a defence was respected. Mr. Garcés

Carapaica clearly informed the judge hearing the case that he did not have a trusted lawyer

to assist him so a public defender was assigned to him.

A/HRC/WGAD/2024/27

8

GE.24-21349

56.

At the hearing, the court hearing the case decided not to exercise jurisdiction and

referred the case to a court with nationwide jurisdiction to hear cases involving

terrorism-related offences, in accordance with article 71 of the Code of Criminal Procedure,

since the alleged offences are offences against public order, which are established in the

Criminal Code and the Act on Organized Crime and the Financing of Terrorism.

57.

On 16 September 2020, the preliminary oral hearing was held before the First

Procedural Court of First Instance, with national jurisdiction over cases involving

terrorism-related offences and competence to try offences related to corruption and organized

crime, and all due process guarantees were respected.

58.

On this occasion, the Public Prosecution Service brought preliminary charges for the

offences of treason, illicit trafficking of firearms and explosives, and criminal association. It

also requested that ordinary proceedings be instituted and that a pretrial detention order be

issued. At this hearing, Mr. Garcés Carapaica was informed in a timely manner, within the

legally established time frame, of the charges against him, as required by article 9 (2) of the

Covenant.

59.

At the same hearing, Mr. Garcés Carapaica personally addressed the Court to raise

matters that he considered to be relevant to his defence; his lawyer was present, he was not

subjected to coercion and he provided important information on, inter alia, his location,

contacts and collaborators and the roles and tasks that some of them fulfilled within the group.

60.

The Government has included a transcript of the defendant’s answers to the questions

asked by the representative of the Public Prosecution Service at the hearing. According to the

Government, the transcript does not indicate that Mr. Garcés Carapaica or his defence

expressed any complaint about the alleged violations of his right to personal integrity, the

alleged enforced disappearance, the lack of communication with family members and/or

lawyers, the conditions of his arrest and detention or the alleged violation of due process. The

Government states that this contradicts the claims made by the source before the Working

Group.

61.

At the initial hearing, the First Procedural Court of First Instance, with national

jurisdiction over cases involving terrorism-related offences and with competence to try

offences related to corruption and organized crime, admitted the preliminary charges brought

against Mr. Garcés Carapaica and ordered that he be remanded in custody at the headquarters

of the Directorate General of Military Counter-Intelligence. In order to grant this measure,

the court carefully considered whether the conditions for this custodial measure had been

met, including whether: (a) a punishable act that warrants deprivation of liberty had been

committed; (b) there was substantiated evidence that the defendant had participated in the

commission of a punishable act; and (c) it could reasonably be presumed, on the basis of an

evaluation of the particular circumstances of the case, that there was a risk of flight or of

obstruction of the search for the truth in a specific investigation.

62.

This measure is compatible with the provisions of article 9 (3) of the Covenant,

according to which pretrial detention may be ordered to ensure the appearance of the accused

for trial or at any other stage of the judicial proceedings.

63.

The Government states that, on 31 October 2020, the Public Prosecution Service

formally submitted an indictment to the First Procedural Court of First Instance, with national

jurisdiction over cases involving terrorism-related offences and with competence to try

offences related to corruption and organized crime, for the alleged commission of the

offences of terrorism, illicit arms trafficking, criminal association and treason. The

indictment was supported by various pieces of evidence, including documentary evidence,

reports and investigations carried out by legal experts. The Public Prosecution Service fully

complied with the requirements set out in the national legal order by submitting its indictment

in due time.

64.

At the close of the hearing, the Court admitted all the charges brought by the Public

Prosecution Service against Mr. Garcés Carapaica, as well as all the evidence presented by

the prosecution, and maintained the measure of pretrial detention in accordance with the Code

of Criminal Procedure. It also ordered that an oral, public trial be held.

A/HRC/WGAD/2024/27

GE.24-21349

9

65.

On 28 May 2021, the Third Trial Court of First Instance, with national jurisdiction

over cases involving terrorism-related offences and competence to try offences related to

corruption and organized crime, scheduled the opening of the public oral proceedings for

17 June 2021, in accordance with the Code of Criminal Procedure. This took place on 6 July

2021, and the oral proceedings were interrupted by order of the Court on 27 September 2022.

66.

On 11 January 2023, officials of the Ministry of People’s Power for Prison

Administration attached to the Directorate General of Human Rights and International

Relations together with the Directorate General for Health interviewed Mr. Garcés Carapaica

to check and collect testimony regarding the treatment and safeguarding of his human rights

by management, custodial and administrative staff.

67.

In the interview, it was found that Mr. Garcés Carapaica has been treated with respect

as an individual, has access to outdoor spaces and sports activities, receives frequent visits

from his immediate family and has received the appropriate treatment when he has needed

medical attention.

68.

The Government states that, at the time of submission of its response, Mr. Garcés

Carapaica remains in custody, by court order, in the facilities of the “Hombre Nuevo Simón

Bolívar” Training Centre, awaiting the trial hearing set for 6 March 2023.

69.

The Government states that the conditions of detention were found to be in accordance

with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson

Mandela Rules), the Constitution and applicable national and international standards,

including rules 1, 2, 13, 15, 17, 24, 25 and 27 of the Nelson Mandela Rules. In addition, the

facilities where Mr. Garcés Carapaica is being held have been visited by staff of the Office

of the United Nations High Commissioner for Human Rights, who have confirmed that the

rights of persons deprived of their liberty in this establishment are respected.

70.

During his time in detention, Mr. Garcés Carapaica received the complete set of

COVID-19 vaccinations, as did all persons deprived of liberty nationwide, thus guaranteeing

his right to health.

71.

In this regard, the Government denies and refutes the source’s allegations and states

that Mr. Garcés Carapaica’s detention is fully in accordance with the Constitution, the Code

of Criminal Procedure, the Universal Declaration of Human Rights and the Covenant, among

other applicable instruments.

(c)

Additional comments from the source

72.

The Working Group transmitted the Government’s response to the source on

28 February 2023 and requested any final comments and observations, which were received

on 12 March 2023.

73.

In its additional comments, the source states that the account of the basis for the arrest

contained in the Government’s response is contradictory and illogical, in that the State does

not indicate whether Mr. Garcés Carapaica was arrested because of a prior investigation or

arrested in flagrante delicto for possessing weapons and foreign currency. Although the State

appears to incline towards the latter option, the response did not refer to any evidence

confirming the existence of a prior investigation.

74.

In addition, the account of the facts is false. Firstly, because Mr. Garcés Carapaica’s

arrest took place on 9 September 2020 and not on 10 September 2020, as the State tries to

claim. This was reported by his family members after they lost contact with him while he

was being transferred within the country. The same indictment specifies a different date of

arrest, that is, 11 September 2020. Secondly, the body that carried out the arrest was not the

Directorate General of Military Counter-Intelligence, as the State claims. Mr. Garcés

Carapaica was arrested by members of the Bolivarian National Guard who were at a

checkpoint in Punto Fijo. In fact, a photo that appeared in the audiovisual media shows that

the objects were seized by the Bolivarian National Guard and not by the Directorate General

of Military Counter-Intelligence.

75.

In the present case, there were no grounds for arrest under domestic law, since

Mr. Garcés Carapaica was not caught in the act of committing an offence and there was no

A/HRC/WGAD/2024/27

10

GE.24-21349

evidence that an arrest warrant issued by a judicial authority was produced at the time of his

arrest.

76.

After Mr. Garcés Carapaica’s arrest on 9 September 2020, his parents had no

knowledge of his whereabouts and the authorities refused to provide any information on his

location. In desperation, a family member visited a number of police headquarters in Caracas

to check whether Mr. Garcés Carapaica was there. On 22 September 2020, with the help of

a non-governmental organization, a family member visited the “house of dreams” sector of

the Directorate General of Military Counter-Intelligence in Plaza Venezuela and was able to

confirm that Mr. Garcés Carapaica was there. On two occasions, his family members reported

the situation to the Director of Fundamental Rights of the Public Prosecution Service and the

Human Rights Directorate of the Public Prosecution Service, but they did not conduct an

investigation and/or sanction the officials concerned.

77.

Lastly, the source reaffirms its initial allegations regarding the acts of torture to which

Mr. Garcés Carapaica was subjected and the failure to observe due process in the criminal

proceedings.

2.

Discussion

78.

The Working Group thanks the parties for their submissions.

79.

In determining whether Mr. Garcés Carapaica’s deprivation of liberty is arbitrary, the

Working Group has regard to the principles established in its jurisprudence to deal with

evidentiary issues. If the source has presented reasonable evidence and established a prima

facie case for breach of international human rights law constituting arbitrary detention, the

burden of proof should be understood to rest upon the Government if it wishes to refute the

allegations.9 Mere assertions that lawful procedures have been followed are not sufficient to

rebut the source’s allegations.

80.

In the present case, the Working Group takes note of the Government’s allegations

that the detention and other procedures relating to Mr. Garcés Carapaica were in accordance

with Venezuelan law. However, even if the detentions were carried out in conformity with

national laws, regulations and practices, the Working Group has the right and obligation to

assess the judicial proceedings and the law itself to determine whether the detentions are also

compatible with international human rights law.

81.

The Working Group notes that, along with other detainees, Mr. Garcés Carapaica was

released on 18 October 2023, with great publicity, as a political prisoner. According to the

information provided by the source, these persons were released following the signing of

agreements in Barbados by the Government of the Bolivarian Republic of Venezuela and the

Unitary Platform on 17 October 2023, and the granting of a series of licences by the United

States to allow Venezuelan gas, oil and mining operations to be carried out. The source adds

that, despite this, the criminal proceedings against Mr. Garcés Carapaica are still ongoing.

These circumstances require the Working Group to comply with paragraph 17 (a) of its

methods of work, in that it reserves the right to render an opinion, on a case-by-case basis,

whether or not the deprivation of liberty was arbitrary, notwithstanding the release of the

person concerned.

82.

In the present case, the Working Group is of the view that the allegations made by the

source are extremely serious and has therefore decided to render this opinion.

(a)

Category I

83.

The source affirms that Mr. Garcés Carapaica’s detention is arbitrary under category I

of the Working Group, since it lacks a legal basis within both the domestic and international

legal systems. The source states that Mr. Garcés Carapaica was arrested by agents of the

Bolivarian National Guard who were carrying out checks and noticed that several passengers

in the taxi taking them to the city of Maracay, where Mr. Garcés Carapaica usually resides,

9 A/HRC/19/57, para. 68.

A/HRC/WGAD/2024/27

GE.24-21349

11

were foreign nationals. The agents acted without a warrant previously issued by a judicial

body and without there being a situation of flagrante delicto.

84.

The Government reports that, on 10 September 2020, Mr. Garcés Carapaica was

arrested by officers of the Directorate General of Military Counter-Intelligence, who were

wearing the correct uniform and displaying the appropriate identification, when he was

traveling on the national highway in Falcón state in a grey Chery Arauca with licence plate

number AH642ZA. During a patrol, when the vehicle was stopped and its occupants

questioned, data held in the system indicated that Mr. Garcés Carapaica was the subject of a

criminal investigation by the Public Prosecution Service for allegedly committing the offence

of treason. When the vehicle was inspected, a number of heavy firearms and a significant

amount of cash in United States dollars were found. The Government adds that, on these

grounds, Mr. Garcés Carapaica was arrested in flagrante delicto, in accordance with article 44

of the Constitution, article 234 of the Code of Criminal Procedure and article 9 (1) of the

Covenant.

85.

Given the discrepancies in the facts as reported by the source and the Government in

its response, and in accordance with the Working Group’s practice, it is up to the Working

Group to determine which version of the facts it considers most credible on the basis of the

information provided.

86.

On the one hand, the Working Group notes that the source has provided a detailed and

consistent account. The Government, however, despite having all the information at its

disposal, has not provided any further information confirming its version of the events, except

for its partial response to the allegations made by the source. At the very minimum, the

Government should have presented a certified copy of the proceedings, which, although it

would not exempt it from complying with the requirements for placing persons in detention,

would have made the facts clearer for the Working Group, even more so when the detainee

has been charged with the most serious acts of treason.

87.

Furthermore, the arrest cannot be said to have been conducted “in flagrante delicto”

as the Government has not provided the necessary documentation and evidence to support

this claim. The Government has admitted that Mr. Garcés Carapaica was arrested by

members of the Directorate General of Military Counter-Intelligence at a checkpoint on

10 September 2020 and that, instead of being brought before a judge, he was disappeared for

11 days, as explained below.

88.

The Working Group wishes to reiterate its grave concern about the fact that

Mr. Garcés Carapaica was held in pretrial detention for more than two years and recalls that

deprivation of liberty is not only a question of legal definition, but also of fact, and must be

justified as reasonable, necessary and proportionate in the light of the circumstances and

reassessed as it extends in time. It must not be punitive in nature and must be based on an

individual evaluation of each case. Article 9 (3) of the Covenant requires that the justification

for pretrial detention must be analysed in a reasoned judicial decision in every case, which,

according to the documents examined, has not occurred in the case of Mr. Garcés Carapaica,

who was arrested, held incommunicado, disappeared, hindered and delayed at all stages of

the proceedings, and denied alternative measures of detention and access to a trusted lawyer.

89.

The Working Group recalls that, in accordance with article 9 (3) of the Covenant,

pretrial detention should be the exception rather than the rule and should be ordered for the

shortest possible time. In other words, under article 9 (3) of the Covenant, liberty should be

the prime consideration and pretrial detention never more than an exception. Pretrial

detention must thus be based strictly on an individualized determination that it is reasonable

and necessary for such purposes as to prevent flight, tampering with evidence or the

recurrence of the offence.10 The Working Group has not received any plausible explanation

for the application of this measure and notes that the source has attached documentation

proving these claims.

90.

The Working Group recalls that, in accordance with the provisions of international

law, accused persons have the right to be presented with an arrest warrant or court order (or

10 Human Rights Committee, general comment No. 35 (2014), para. 38.

A/HRC/WGAD/2024/27

12

GE.24-21349

equivalent document) 11 to ensure the exercise of effective control by a competent,

independent and impartial judicial authority, which is procedurally inherent in the right to

liberty and security and the prohibition of arbitrary detention under articles 3 and 9 of the

Universal Declaration of Human Rights; article 9 (1) of the Covenant; general comment

No. 35 (2014) of the Human Rights Committee (para. 33); and principles 2, 4 and 10 of the

Body of Principles for the Protection of All Persons under Any Form of Detention or

Imprisonment.12

91.

The Working Group also considers that, in order to invoke a legal basis for deprivation

of liberty, the authorities should have informed Mr. Garcés Carapaica of the reasons for his

arrest at the time of his arrest and promptly notified him of the charges against him. In failing

to do so, they violated article 9 of the Universal Declaration of Human Rights, as well as

principle 10 of the Body of Principles for the Protection of All Persons under Any Form of

Detention or Imprisonment, rendering the arrests devoid of any legal basis.

92.

Furthermore, the source maintains – and the Government has not substantiated its

claim to the contrary – that Mr. Garcés Carapaica was subjected to enforced disappearance

and incommunicado detention for 11 days (from his arrest on 9 September 2020 until

22 September).

93.

The Working Group recalls that enforced disappearance constitutes a particularly

aggravated form of arbitrary detention, as it places the person outside the protection of the

law, in violation of article 6 of the Universal Declaration of Human Rights.13 In view of this

circumstance, the Working Group refers the present case to the Working Group on Enforced

or Involuntary Disappearances.

94.

The Working Group recalls that legal safeguards against arbitrary deprivation of

liberty, as set out in article 9 of the Universal Declaration of Human Rights, article 9 of the

Covenant and general comment No. 35 (2014) of the Human Rights Committee, require that

anyone arrested or detained on a criminal charge be brought promptly before a judge or other

officer authorized by law to exercise judicial power. As the Working Group has reiterated in

its jurisprudence, and the Human Rights Committee has specified, 48 hours is ordinarily

sufficient to satisfy the requirement of bringing a detainee “promptly” before a judge or other

officer authorized by law following his or her arrest; any longer delay must remain absolutely

exceptional and be justified by the circumstances.14

95.

The Working Group finds that Mr. Garcés Carapaica was not brought promptly before

a judicial authority, in flagrant violation of his rights under article 9 of the Universal

Declaration of Human Rights and article 9 of the Covenant. Consequently, the authorities

have failed to establish the legal basis for his detention in accordance with the Covenant.

96.

In view of the gravity of all the facts presented, which have not been explained or

legally refuted by the Government, the Working Group concludes that Mr. Garcés Carapaica

was a victim of arbitrary detention under category I, as identified by the Working Group.

(b)

Category III

97.

With regard to category III and respect for due process, the Working Group notes that,

in the present case, the fundamental rules of due process have not been observed, since the

source indicates that Mr. Garcés Carapaica has been charged, without any basis whatsoever,

with the following offences: criminal association, defined in and punishable under article 37

of the Act on Organized Crime and the Financing of Terrorism; terrorism, defined in and

punishable under article 52 of the Act on Organized Crime and Financing of Terrorism; and

treason, defined in and punishable under article 128 of the Criminal Code.

98.

No firm case has been made against Mr. Garcés Carapaica regarding his involvement

in the activities mentioned above and with which he has been charged. The actions of the

11 Opinion No. 4/2023, para. 64.

12 Opinions No. 3/2018, para. 43, and No. 10/2018, para. 46.

13 Opinions No. 82/2018, para. 28, and No. 56/2019, para. 79.

14 See opinions No. 60/2020 and No. 66/2020. See also Human Rights Committee, general comment

No. 35 (2014), para. 33.

A/HRC/WGAD/2024/27

GE.24-21349

13

judicial authorities cast serious doubt on their respect for the principle of legality, which

requires that laws be formulated with sufficient precision so that individuals can access and

understand the law, and regulate their conduct accordingly.15

99.

In the present case, the application of overly broad provisions relating to the

commission of terrorist acts mean that there is no legal basis to justify Mr. Garcés Carapaica’s

arrest and conviction, giving rise to a series of acts of torture and ill-treatment committed in

the name of combating terrorism. This situation seriously jeopardizes the legal security of

Venezuelan citizens, for which reason the Working Group decides to refer this case to the

Special Rapporteur on the promotion and protection of human rights and fundamental

freedoms while countering terrorism for the necessary measures to be taken.

100.

In addition, the source informs the Working Group that Mr. Garcés Carapaica was

subjected to torture, including being kept in handcuffs, causing him to lose the feeling in his

thumbs for two or three months because the handcuffs were not removed. He was also tied

naked to a grille. In the evenings, he was beaten, doused in cold water and left exposed to the

cold air. Mr. Garcés Carapaica was made to kneel and a gun and plastic bags were put on his

head. He was not allowed to go to the bathroom or sleep and was not even given food. He

was often moved about with adhesive tape over his eyes and manila folders over his face so

that he would not know where he was. He was also forced to remain standing or kneeling.

101.

The Working Group is persuaded that the torture and ill-treatment hindered

Mr. Garcés Carapaica’s ability to defend himself adequately, making this situation a violation

of due process. Although the Government attaches a document certifying that he was not

subjected to ill-treatment, the Working Group considers that the signing and sealing of a

document does not indicate that no ill-treatment took place.

102.

According to the source, during his stay at the Directorate General of Military

Counter-Intelligence, Mr. Garcés Carapaica contracted COVID-19 but did not receive any

medical assistance or the corresponding vaccination.

103.

The torture and other cruel, inhuman and degrading treatment to which Mr. Garcés

Carapaica was subjected, which were not investigated by the authorities, have been revealed

to the Working Group by the source. This conduct could constitute a violation of the absolute

prohibition of torture as a peremptory norm of international law, article 5 of the Universal

Declaration of Human Rights, article 7 of the Covenant and articles 2 and 16 of the

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment, for which reason the Working Group has decided to refer the present case to the

Special Rapporteur on torture and other cruel, inhuman or degrading treatment or

punishment.

104.

In addition to the allegations made by the source in this case, which have not been

refuted by the Government, the Working Group notes the observations made by the

independent international fact-finding mission on the Bolivarian Republic of Venezuela,

according to which, on occasions, judges ordered detention in facilities of the Bolivarian

Intelligence Service or Directorate General of Military Counter-Intelligence despite the risk

of torture, even when detainees in the courtroom showed signs consistent with torture.16 The

foregoing reinforces the conclusion reached by the Working Group in the present case.

105.

The Working Group adheres to the international human rights law principles that

everyone has the right not to be arbitrarily deprived of his or her liberty and to be presumed

innocent until proven guilty. The right of the accused to be presumed innocent is one of the

cornerstones of the right to a fair trial. The presumption of innocence is enshrined in

article 14 (2) of the Covenant. In essence, the presumption of innocence means that a person

accused of a criminal offence must be treated as if he or she had not committed an offence

and be considered not to have done so until found guilty under a final verdict of an

independent and impartial court.

106.

This did not happen in Mr. Garcés Carapaica’s case since, according to the source,

various authorities made public statements regarding his guilt before the opening of public

15 Opinions No. 41/2017, paras. 98–101, and No. 37/2020, para. 60.

16 A/HRC/48/69, para. 112.

A/HRC/WGAD/2024/27

14

GE.24-21349

oral proceedings. At a press conference, the Attorney General of the Republic stated that

Mr. Garcés Carapaica had been arrested together with other persons, including a United

States citizen who was carrying out espionage and destabilization activities. The Attorney

General proceeded to show weapons and money and stated that the persons concerned were

being held for allegedly committing the offences of terrorism, criminal association, treason

and illegal possession of firearms. However, the source reports that, up until that point,

Mr. Garcés Carapaica’s family members had not been informed of his whereabouts.

107.

Other claims were made in public by the President of the Bolivarian Republic of

Venezuela. The Working Group considers that the comments made by the President and the

Attorney General of the Republic – particularly considering that they occurred before a trial

had started – reveal an absolute disregard for Mr. Garcés Carapaica’s right to be presumed

innocent.

108.

Mr. Garcés Carapaica was presented and portrayed by the government-controlled

media as a convicted criminal, in violation of article 11 (1) of the Universal Declaration of

Human Rights and article 14 (2) of the Covenant, which recognize the right to be presumed

innocent.17

109.

The Working Group recalls that, according to general comment No. 32 (2007) of the

Human Rights Committee, the right to equality before the courts and tribunals and to a fair

trial is a key element of human rights protection and serves as a procedural means to

safeguard the rule of law. Furthermore, article 14 of the Covenant aims at ensuring the proper

administration of justice, and to this end guarantees a series of specific rights. All these rights

have been violated in the case of Mr. Garcés Carapaica.

110.

The Working Group stresses that one of the fundamental guarantees of due process is

the principle of legality. Charges that do not correspond to the facts fail to meet the

requirement of legal certainty and enable guilt by analogy, as has clearly occurred in the

present case.

111.

Among the procedural flaws that may be noted is the fact that the initial oral hearing

was reconvened 29 times, which interfered with the defence’s ability to prepare its case. On

17 June 2021, it was agreed that the trial would open before the Third Trial Court of First

Instance with national jurisdiction to hear cases involving terrorism in the criminal court

circuit for the Caracas metropolitan area. However, the opening of the trial took place on

6 July 2021 and the public oral proceedings were interrupted by order of the court on

27 September 2022.

112.

The Government stated that Mr. Garcés Carapaica remained in custody, by court

order, in the facilities of the “Hombre Nuevo Simón Bolívar” Training Centre, awaiting the

trial hearing set for 6 March 2023. However, Mr. Garcés Carapaica was released on

18 October 2023 in connection with negotiations between the Government and the Unitary

Platform.

113.

After examining all the circumstances surrounding Mr. Garcés Carapaica’s detention

and trial, the Working Group notes that standards relating to access to justice, due process

and the right to a fair and impartial trial have been violated, excessively delaying the conduct

of the trial and preventing Mr. Garcés Carapaica from demonstrating without delay the facts

relating to the illegality of his detention, as provided for in articles 3 and 9 of the Universal

Declaration of Human Rights.

114.

The information provided by the source, which is not contested by the Government,

has revealed that the ability of Mr. Garcés Carapaica to enjoy the right to a fair hearing, in

accordance with international human rights rules, including article 14 of the Covenant, has

been seriously undermined. The Working Group concludes that the above-mentioned

violations of the right to a fair trial are of such gravity as to give Mr. Garcés Carapaica’s

detention an arbitrary character under category III.

17 Human Rights Committee, general comment No. 32 (2007), para. 30.

A/HRC/WGAD/2024/27

GE.24-21349

15

3.

Disposition

115.

In the light of the foregoing, the Working Group renders the following opinion:

The deprivation of liberty of Marco Antonio Garcés Carapaica, being in

contravention of articles 3, 6, 9, 10 and 11 of the Universal Declaration of Human

Rights and of articles 9 and 14 of the International Covenant on Civil and Political

Rights, is arbitrary and falls within categories I and III.

116.

The Working Group requests the Government of the Bolivarian Republic of

Venezuela to take the steps necessary to remedy the situation of Mr. Garcés Carapaica

without delay and bring it into conformity with the relevant international norms, including

those set out in the Universal Declaration of Human Rights and the International Covenant

on Civil and Political Rights.

117.

The Working Group considers that, taking into account all the circumstances of the

case, the appropriate remedy would be to accord him an enforceable right to compensation

and other reparations, in accordance with international law.

118.

The Working Group urges the Government to ensure a full and independent

investigation of the circumstances surrounding the arbitrary detention of Mr. Garcés

Carapaica and to take appropriate measures against those responsible for the violation of his

rights.

119.

In accordance with paragraph 33 (a) of its methods of work, the Working Group refers

the present case to the Special Rapporteur on the promotion and protection of human rights

and fundamental freedoms while countering terrorism, the Working Group on Enforced or

Involuntary Disappearances, and the Special Rapporteur on torture and other cruel, inhuman

or degrading treatment or punishment for appropriate action.

120.

The Working Group requests the Government to disseminate the present opinion

through all available means and as widely as possible.

4.

Follow-up procedure

121.

In accordance with paragraph 20 of its methods of work, the Working Group requests

the source and the Government to provide it with information on action taken in follow-up

to the recommendations made in the present opinion, including:

(a)

Whether compensation or other reparations have been made to Mr. Garcés

Carapaica;

(b)

Whether an investigation has been conducted into the violation of Mr. Garcés

Carapaica’s rights and, if so, the outcome of the investigation;

(c)

Whether any legislative amendments or changes in practice have been made to

harmonize the laws and practices of the Bolivarian Republic of Venezuela with its

international obligations in line with the present opinion;

(d)

Whether any other action has been taken to implement the present opinion.

122.

The Government is invited to inform the Working Group of any difficulties it may

have encountered in implementing the recommendations made in the present opinion and

whether further technical assistance is required, for example through a visit by the Working

Group.

123.

The Working Group requests the source and the Government to provide the

above-mentioned information within six months of the date of transmission of the present

opinion. However, the Working Group reserves the right to take its own action in follow-up

to the opinion if new concerns in relation to the case are brought to its attention. Such action

would enable the Working Group to inform the Human Rights Council of progress made in

implementing its recommendations, as well as of any failure to take action.

A/HRC/WGAD/2024/27

16

GE.24-21349

124.

The Working Group recalls that the Human Rights Council has encouraged all States

to cooperate with the Working Group and has requested them to take account of its views

and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily

deprived of their liberty, and to inform the Working Group of the steps they have taken.18

[Adopted on 30 August 2024]

18 Human Rights Council resolution 51/8, paras. 6 and 9.