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A/HRC/WGAD/2025/53

Opinion No. 53/2025 concerning Franklin Alfredo Caldera Martínez (Bolivarian Republic of Venezuela)

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2025-08-29 · 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.25-18091 (E)

Human Rights Council

Working Group on Arbitrary Detention

Opinions adopted by the Working Group on Arbitrary

Detention at its 103rd session, 25–29 August 2025

Opinion No. 53/2025 concerning Franklin Alfredo Caldera Martínez

(Bolivarian Republic of Venezuela)

1.

The Working Group on Arbitrary Detention was established by the Commission on

Human Rights in its resolution 1991/42. 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 30 October 2024 the Working Group

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

concerning Franklin Alfredo Caldera Martínez. The Government replied to the

communication on 30 January 2025. 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/2025/53

General Assembly

Distr.: General

20 November 2025

English

Original: Spanish

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1.

Submissions

(a)

Communication from the source

4.

Franklin Alfredo Caldera Martínez, a national of the Bolivarian Republic of

Venezuela and a former lieutenant in the Bolivarian National Guard, was 28 years old at the

time of his arrest.

(i)

Context

5.

Since April 2013, when the current President took office, there have been repeated

allegations of coups and conspiracies for which the Government has held military officers of

different ranks responsible.

6.

Mr. Caldera Martínez deserted from the army on 13 January 2019 as he disagreed

with the policies of the State.

7.

On 23 January 2019, when the President of the National Assembly assumed the

interim presidency of the Bolivarian Republic of Venezuela, Mr. Caldera Martínez, along

with other military personnel, participated in reading out a televised public statement

denouncing the Government. This resulted in the persecution of him and his family, which

culminated in his subsequent arbitrary detention, enforced disappearance and torture.

8.

Family members of Mr. Caldera Martínez were arrested and others had to go into

hiding because they received threats, although they were later captured by officials of the

Directorate General of Military Counter-Intelligence when they left their hiding place to buy

medication. Close family members of Mr. Caldera Martínez were repeatedly questioned

about his whereabouts.

9.

On 24 December 2019, armed officers of the Directorate General of Military Counter-

Intelligence arrested a family member to interview her. She returned that same night, affected

by the psychological torture to which she had allegedly been subjected during the questioning.

10.

On 28 December 2019, Mr. Caldera Martínez spoke publicly with other military

personnel in hiding to explain that they constituted Operation Aurora, a military rebellion

formed by a group of officers whose aim was to protect the Indigenous People of the south

of the Bolivarian Republic of Venezuela from State threats of repression, persecution and

illegal mining.

11.

On 14 December 2020, Mr. Caldera Martínez informed his family that he was in

Brazil trying to travel to Cúcuta, Colombia, to see another close family member, whom he

finally met on 10 February 2021 at a shopping centre in Cúcuta.

12.

On 23 February 2021, another family member managed to communicate with

Mr. Caldera Martínez, who informed him that he had been betrayed in Cúcuta and that his

location had been reported to Venezuelan military counter-intelligence.

(ii)

Arrest and trial proceedings

13.

Mr. Caldera Martínez was captured by officers of the Directorate General of Military

Counter-Intelligence in Cúcuta on 11 February 2021 and transferred to the Generalísimo

Francisco de Miranda airbase in La Carlota, Caracas. He was taken to a clandestine torture

centre at the Directorate General of Military Counter-Intelligence in La Mariposa, Caracas,

where he was tortured for 12 days. Mr. Caldera Martínez was suspended from the ceiling by

his arms and feet, suffocated with bags and water and tortured by being given electric shocks

to his body. During his detention, he reportedly received water only occasionally and was not

given food.

14.

After 12 days, Mr. Caldera Martínez managed to escape from the torture centre and

walked for several kilometres through a wooded area until he reached a highway in Caracas.

A civilian helped him and took him to his home in Las Minas de Baruta, Caracas. According

to the source, the civilian who protected him is in custody. Family members of Mr. Caldera

Martínez were arrested by officers of the Directorate General of Military Counter-

Intelligence and taken to its headquarters in Boleíta, Caracas, where they were threatened

and tortured.

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15.

On 24 February 2021, State security forces disseminated an image of Mr. Caldera

Martínez and requested his capture, accusing him of having raped and murdered two minors.

Officials of the Directorate General of Military Counter-Intelligence located and captured

him again. Although Mr. Caldera Martínez was unarmed and put up no resistance, a military

officer shot him in the leg in retaliation for his escape. Mr. Caldera Martínez was returned to

the torture centre at the Directorate General of Military Counter-Intelligence and, because of

his injuries, was initially transferred to the military hospital in Fort Tiuna and then to the

Dr. Carlos Arvelo Military Hospital in Caracas.

16.

During his time in the hospital, he was handcuffed to the bed in his underwear and

surrounded by armed military personnel. The source stated that he felt dizzy and had possibly

been drugged. On 27 and 28 February 2021, he did not receive any medication or medical

care. On 26 February, 15 days after his arrest, his hearing before the Fourth Court with

jurisdiction over cases involving terrorism-related offences was held at the hospital, where

he was remanded in custody.

17.

During the arraignment hearing, Mr. Caldera Martínez, whose torture wounds were

evident, spoke of the violations to which he had been subjected. However, the judge told him

that he was not interested in his situation, that he would rot in the “house of dreams” (the

name given to a torture area in the basement of the headquarters of the Directorate General

of Military Counter-Intelligence in Boleita) and that he would never see daylight again.

Between 26 February and 18 March, the officials refused to divulge information about

Mr. Caldera Martínez’s whereabouts to his family members when they asked to see him at

the hospital.

18.

In late February 2021, Mr. Caldera Martínez made an audio recording stating that he

had been kidnapped and expressing his fears about the 30-year sentence that the judge had

given him at the arraignment hearing. On 2 March 2021, an official of the Directorate General

of Military Counter-Intelligence falsely informed Mr. Caldera Martínez’s family members

that he had been executed.

19.

Mr. Caldera Martínez’s family members reported his enforced disappearance to the

Ombudsman’s Office and the Director of Human Rights of the Public Prosecution Service

on 3 March 2021. On 4 March, they filed a writ of habeas corpus. The source claims that

none of their complaints and appeals received a response from the State authorities. It also

notes that, on 17 March 2021, they reported his enforced disappearance to the Office of the

United Nations High Commissioner for Human Rights and the Working Group on Enforced

or Involuntary Disappearances. On 19 May 2021, they filed an additional complaint with the

Directorate for the Protection of Fundamental Rights of the Public Prosecution Service.

20.

On 17 March 2021, Mr. Caldera Martínez was transferred from the military hospital

to the headquarters of the Directorate General of Military Counter-Intelligence. His family

members witnessed his admission but were prevented from approaching him.

21.

On 22 March 2021, officials from the Office of the United Nations High

Commissioner for Human Rights informed Mr. Caldera Martínez’s family members that the

Directorate General of Military Counter-Intelligence had confirmed that he was being held

at its headquarters in Boleíta. On 15 May 2021, his family members visited him and saw that

he was being held in a cell measuring 3 x 2 m with two other officers and that he was given

only one minute per day to go to the bathroom, since he was allowed outdoors for 10 minutes

every day only after two months. On 29 May 2021, his family members visited him again

and requested his transfer.

22.

On 4 June 2021, Mr. Caldera Martínez was transferred to the Ramo Verde National

Centre for Military Detainees in Los Teques. On 18 August 2021, a traumatologist prescribed

medical tests that the State did not authorize.

23.

On 30 August 2021, Mr. Caldera Martínez was brought before a court for a

preliminary hearing, at which a public defender was imposed on him instead of the lawyers

of his choosing. The judge admitted the charges for the offences of criminal association,

terrorism, theft of weapons or ammunition, conspiracy against the political system and escape.

24.

On 13 December 2021, the court granted Mr. Caldera Martínez’s private defence

lawyers access and allowed them to review case file 3JT-036-21, which was under

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consideration by the Third Trial Court of First Instance with national jurisdiction to hear

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

2022, no progress was made in the trial.

25.

On 25 July 2022, Mr. Caldera Martínez’s lawyers requested his transfer to the

Dr. Carlos Arvelo Military Hospital to receive medical care. Although the request was

approved, it was not carried out and no reason was given, which would have aggravated his

state of health.

26.

On 26 January 2023, people close to Mr. Caldera Martínez attended a meeting with

members of the Office of the United Nations High Commissioner for Human Rights in

Caracas and realized that they were being watched and followed by unidentified persons in a

vehicle.

27.

As an alleged reprisal against Mr. Caldera Martínez’s family, on 17 March 2023, the

State transferred him without a court order from Ramo Verde Prison to a facility located in

Fort Tiuna, which was under the supervision of the Directorate General of Military Counter-

Intelligence.

28.

One of Mr. Caldera Martínez’s family members began to receive calls from unknown

numbers, with the caller threatening negative consequences for him and his family if he did

not stop making complaints.

29.

On 8 April 2023, Mr. Caldera Martínez’s guards violently entered his cell and

conducted an arbitrary search, destroying his belongings. On the same day, at 7 p.m., a close

relative received a call from Mr. Caldera Martínez, who allegedly told him about the situation,

asked him to stop making public accusations, requested that he ask the press to stop

disseminating his statements, and urged him to give a new press conference at which he

would retract all the statements he had made against the State to affirm that everything was

a lie and that his statements had been made under the influence of opposition groups.

30.

On 15 April 2023, a family member of Mr. Caldera Martínez visited him at the

Directorate General of Military Counter-Intelligence in Fort Tiuna to check on his physical

integrity. The family member was watched and followed by an unlicensed vehicle from his

home in Carabobo to the military compound.

31.

During the visit, a guard asked the family member to go to the director’s office, where

the director, a colonel, informed him that the Major General had issued an order for him to

stop making public complaints about the Government and to retract them. The colonel

warned that, if he did not do so, Mr. Caldera Martínez would suffer in prison and that he

could be imprisoned for defaming the State.

32.

In view of this situation, Mr. Caldera Martínez’s family member requested a hearing

with the prosecutor handling his case in order to learn about the progress made in the

investigation into the acts of torture committed against Mr. Caldera Martínez and the situation

surrounding the threats and persecution allegedly directed at him for months. He also

repeatedly requested copies of the complaint and reports on the progress made in the

investigation, but the lawyer of the Forty-Ninth Office of the Special Prosecutor for

Fundamental Rights did not respond to these requests.

33.

In early 2023, the source stated that the criminal case was at the trial phase in the

proceedings, which have taken more than two years, thereby exceeding the maximum time

limit for pretrial detention permitted under article 230 of the Code of Criminal Procedure.

The hearings for the trial have been deferred on several occasions.

34.

On 14 July 2023, it was reported that the trial of 45 alleged political prisoners,

including Mr. Caldera Martínez, were suspended following the reassignment of the terrorism-

related cases to another court. The case was transferred to the Twenty-Ninth Court, with a

new judge, which involved restarting the proceedings. According to the source, this measure

was intended to prolong Mr. Caldera Martínez’s detention without sufficient evidence. The

trial has been at a standstill since July 2023 and no new hearing has been convened.

35.

On 29 May 2023, Mr. Caldera Martínez informed his family by telephone that he was

being subjected to threats and harassment by officials of the Directorate General of Military

Counter-Intelligence.

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36.

On 18 September 2024, one of Mr. Caldera Martínez’s family members travelled to

Cúcuta to testify before the public prosecutor’s office about his alleged kidnapping on

11 February 2021. On leaving the Bolivarian Republic of Venezuela, he was intimidated by

an immigration official and, as a form of reprisal, on 3 October 2024, Mr. Caldera Martínez

was subjected to searches, threats and intense bouts of questioning by officials of the

Directorate General of Military Counter-Intelligence in the presence of one of his alleged

kidnappers. During the questioning, Mr. Caldera Martínez was asked about an alleged plan

to invade the Bolivarian Republic of Venezuela that supposedly involved himself and a

family member and included details of the participants and the location of weapons.

37.

On 21 October 2024, Mr. Caldera Martínez claimed that he had been a victim of

severe torture during the week of 14 to 18 October. He was removed from his cell at Fort

Tiuna and taken to a place known as El Hueco, without being able to identify his location.

There, he was stripped naked, beaten with blunt objects and subjected to electric shocks. In

addition, he incurred a deliberate injury to his knee, where the officers had shot him during

his second arrest, which prevents him from walking properly. After this brutal beating,

wearing no clothes in that place despite the low temperatures, Mr. Caldera Martínez was

forced to record a video confession incriminating fellow officers from his cohort who had

defected with him in 2019 and are outside the Bolivarian Republic of Venezuela. In the

recording, he also mentioned an alleged plan to invade the country and carry out terrorist

attacks. During the torture, Mr. Caldera Martínez was told that if his family member returned

to the Bolivarian Republic of Venezuela, he would be detained and tortured and would never

leave prison.

38.

Mr. Caldera Martínez suffers from the sequelae of torture and a gunshot wound that

causes him pain and difficulty walking, in addition to panic attacks and anxiety. His state of

health is worsening as a result of the isolation, lack of natural light and threats made against

him at the Directorate General of Military Counter-Intelligence.

(iii)

Legal analysis

39.

The source claims that the detention of Mr. Caldera Martínez falls within categories

I, III and V of the Working Group’s categories of arbitrary detention.

a.

Category I

40.

Under article 236 of the Code of Criminal Procedure, detention requires well-founded

evidence of participation in an offence punishable by imprisonment, with no statute of

limitations and the existence of a risk of flight or a risk that the search for the truth would be

obstructed. Deprivation of liberty may take place only when the act is defined as an offence

in law. The source maintains that the arrest was not conducted in flagrante delicto and no

arrest warrant was shown. It considers Mr. Caldera Martínez’s arrest on 11 February 2021 in

Cúcuta by officials of the Directorate General of Military Counter-Intelligence to have been

improperly conducted since there was no international warrant and the extradition process

was not carried out.

41.

The source points out that omitting to implement the extradition process violated the

sovereignty and territorial integrity of Colombia. For this reason, the international

cooperation mechanism should have been used.

42.

The source states that it is extremely serious that, following his arrest, Mr. Caldera

Martínez was transferred to a clandestine torture centre at the Directorate General of Military

Counter-Intelligence in La Mariposa, where he was tortured for 12 days, being suspended

from the ceiling by his arms and feet, suffocated with water bags (waterboarded) and given

electric shocks to the body. During that time, no arrest warrant was shown and his family

members were unaware of his whereabouts.

43.

The source reiterates that Mr. Caldera Martínez’s arrest on 11 February 2021 violated

national and international standards as the claims were not clearly or precisely substantiated,

which made it impossible to prove his responsibility for, or involvement in, any offence.

Thus, pretrial detention was carried out without sufficient evidence to prove its necessity.

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44.

Mr. Caldera Martínez is alleged to be a victim of enforced disappearance, during

which police officers did not inform his family or his lawyers about his whereabouts for two

months. This involved the violation of his liberty, personal integrity and legal personality in

that he was prevented from exercising rights such as the right to be heard by a judge within

a reasonable period of time.2

45.

The source points out that Mr. Caldera Martínez’s disappearance has repeatedly been

reported to a number of national and international authorities without any response.

b.

Category III

46.

The source recalls the Committee’s general comment No. 32 (2007) on the right to

equality before courts and tribunals and to a fair trial, which stresses that this right is

important for ensuring an effective defence by the accused and their counsel.3 The source

claims that the right to expert assistance was denied to Mr. Caldera Martínez on multiple

occasions: (a) at the military hospital; (b) before the judge with competency for terrorism-

related cases assigned to his case; (c) before a prosecutor attached to the Public Prosecution

Service; and (d) before an official of the Ombudsman’s Office. He was denied again on

30 August 2021 at the arraignment hearing and when he was brought before a court for a

preliminary hearing and a public defender was imposed on him in place of the lawyers of his

choosing.

47.

The source notes that, although Venezuelan law provides for legal remedies to correct

Mr. Caldera Martínez’s situation, the lack of response from the Ombudsman’s Office, the

Office of the Special Prosecutor for Fundamental Rights and the writ of habeas corpus

demonstrates their ineffectiveness. Consequently, Mr. Caldera Martínez’s unlawful pretrial

detention and the paralysed trial are evidence of the violation of due process and of the

principles of presumption of innocence and equality before the law.

48.

The source notes that, under article 9 (3) of the Covenant and article 44 (1) of the

Constitution, all detained persons must be brought promptly before a judge to rule on the

lawfulness of the detention. It adds that this guarantee applies even before formal charges are

brought as it seeks to ensure judicial oversight of any confinement. The authority exercising

this function must be independent, objective and impartial.

49.

The source claims that, notwithstanding the above, Mr. Caldera Martínez was

deprived of his liberty on 11 February 2021 and the arraignment hearing took place 15 days

later, i.e. on 26 February 2021, exceeding the 48-hour time limit and thereby depriving him

of judicial protection while he was being tortured by his guards. Furthermore, although the

judge assessed the signs of torture suffered by Mr. Caldera Martínez, who was interned in

the military hospital and told him everything that had happened, the judge stated that he was

not interested in his situation and that he would rot in the “house of dreams” and never see

daylight.

c.

Category V

50.

The source states that Mr. Caldera Martínez was persecuted, detained, tortured and

disappeared for opposing the Government and for refusing to support its policies. He had

also participated in a televised address from Colombia on 23 January 2019 in which he had

urged the Venezuelan military to react to the crisis in the country.

51.

In the speech of 23 January, the military personnel expressed their support for, and

recognition of, the Venezuelan opposition leader who had appointed himself as

president-in-charge of the country, calling him the Commander in Chief of the Bolivarian

Armed Forces of Venezuela. On 28 December 2019, Mr. Caldera Martínez and other military

personnel in hiding made a public statement, explaining that they constituted Operation

Aurora. The source claims that these acts resulted in the persecution, detention,

disappearance and torture of Mr. Caldera Martínez and his family members.

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

paras. 90 and 91.

3 Bryukhanov v. Russian Federation (CCPR/C/128/D/2367/2014), para. 9.2.

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52.

In the case of Mr. Caldera Martínez, the source alleges that his persecution and

subsequent detention occurred as a result of his having broadcast a widely known televised

political opinion voicing support for the then opposition leader, which gave rise to a situation

of discrimination in violation of articles 2 and 26 of the Covenant and articles 1 and 7 of the

Universal Declaration of Human Rights.

(b)

Response from the Government

53.

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 30 October 2024

and requested it to submit a response by 30 December 2024. The Government requested an

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

the Government’s response on 30 January 2025, within the established time limit.

54.

The Government reports that Mr. Caldera Martínez is being prosecuted as part of a

criminal investigation into his alleged participation in the insurgent operation known as Wey

Pa’ka, or Operation Aurora, implemented on 22 December 2019. This action constituted an

armed attack against two military units belonging to the Bolivarian National Armed Forces:

the assault against the 513th GD Mariano Montilla Padrón Jungle Infantry Battalion and the

frustrated attempt to take over the 5102nd Motorized Cavalry Squadron in Gran Sabana,

Bolívar.

55.

Contrary to the source’s claim, the Government states that the operation was proved

to have been an insurrectional act intended to change the constitutional order, destabilize

democracy and steal military weapons for subversive purposes.

56.

In the assault on the 513th Jungle Infantry Battalion, the attackers stole numerous

weapons and ammunition, demonstrating their intention to confront the State and committing

serious offences that affected public peace and national security.

57.

The legal investigations found that there was sufficient evidence indicating that

Mr. Caldera Martínez had led the attempted takeover of the Motorized Cavalry Squadron,

the military unit where he had served. His participation was planned and arose from an

organized structure with international links and opponents abroad.

58.

Thus, on 26 December 2019, the Seventeenth Military Court of Due Process of Ciudad

Bolivar issued arrest warrant No. 502-19 for the military offences of military rebellion,

causing affront to the Bolivarian National Armed Forces, theft of military effects and

violation of a security zone, in accordance with the Code of Military Justice.

59.

In view of the importance of the facts and their connection with terrorist activities and

criminal association, the Public Prosecution Service, through the National Plenary

Prosecutor’s Office (prosecutor’s offices No. 67 and No. 83), requested the Fourth Special

Court of First Instance with competency to deal with terrorism-related offences to issue an

arrest warrant within the scope of competence of the ordinary criminal courts. On 20 January

2020, this Court issued arrest warrant No. 007-2020.

60.

Mr. Caldera Martínez was arrested on 22 February 2021 by duly uniformed and

identified officers of the Directorate General of Military Counter-Intelligence in Táchira, in

the Bolivarian Republic of Venezuela. It is not the case that he was captured in Colombia, or

11 days earlier, as the source claimed.

61.

Mr. Caldera Martínez was issued with oral and written notifications of the grounds

for his arrest and his constitutional and procedural rights. This notification is recorded in the

report of notification of rights of 22 February 2021, which bears the defendant’s legible

signature and fingerprints.

62.

During the intervention, two telephones, a portable computer device, an external

memory drive and several military and police uniforms were seized, including material from

the Chacao police force, which supports the hypothesis that this was an armed organization

in the making.

63.

On 23 February 2021, Mr. Caldera Martínez escaped from the facilities of the

Directorate General of Military Counter-Intelligence while his appearance before a court was

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pending. He was recaptured the following day in Miranda state, following a confrontation

with security officers, when he tried to flee carrying an object similar to a firearm.

64.

After being recaptured, he was again notified of his rights and immediately transferred

to the Dr. Vicente Salías Military Hospital, and later to the Coche Peripheral Hospital and

the Dr. Carlos Arvelo Military Hospital, thereby guaranteeing his right to health.

65.

During both his arrests (on 22 and 24 February 2021), all the requirements of legality

were met.

66.

On 26 February 2021, Mr. Caldera Martínez was brought before the competent court

within the 48-hour legal deadline for his arraignment hearing.

67.

Since he did not have private counsel, a public defender was appointed for him,

guaranteeing his right to a defence. He did not testify during the hearing.

68.

The Court confirmed the preliminary charges of conspiracy against the political

system, terrorism, theft of reserves of weapons or ammunition and criminal association. He

was also charged with escaping.

69.

It was agreed to follow the ordinary procedure of holding him in pretrial detention

owing to the risk of flight and the seriousness of the facts, in accordance with article 236 of

the Code of Criminal Procedure and article 9 (3) of the Covenant, which allow for pretrial

detention to ensure the appearance of accused persons.

70.

At the request of his defence, it was agreed to detain him at the Ramo Verde National

Centre for Military Detainees and not at the Boleíta headquarters of the Directorate General

of Military Counter-Intelligence, as has been falsely claimed.

71.

On 12 April 2021, the Public Prosecution Service formally filed the charges and, on

9 July 2021, the preliminary hearing was held, at which the Court fully confirmed the charges

and the evidence and ordered that an oral and public trial be held.

72.

The trial began on 28 October 2021 but was suspended because Mr. Caldera Martínez

requested that a private defence be appointed. This request was immediately honoured. Since

then, his lawyers have fully exercised his right to a defence.

73.

The oral trial began on 28 June 2022, with several hearings being suspended owing to

the absence of witnesses and prosecution experts. Mr. Caldera Martínez and his defence were

able to make statements, put forward evidence and request medical transfers but did not

report any acts of torture or persecution, which undermines the credibility of the international

allegations.

74.

On 25 February 2023, the Court agreed to a one-year extension of pretrial detention

after reassessing the procedural risks.

75.

Multiple medical transfers to attend to conditions relating to the detainee’s spine, knee

and oral health were authorized at the request of the defence and approved by the court.

(c)

Additional comments from the source

76.

Contrary to the Government’s claims, the source maintains that Mr. Caldera

Martínez’s case is directly linked to his public opposition to the current regime, as expressed

in two public statements: in the first, made from Colombia on 23 January 2019, together with

other military personnel, he called on the armed forces not to remain indifferent to the

national crisis; in the second, made on 28 December 2019, he denounced the State repression

of Indigenous communities and illegal mining. It was these political statements that led to

his persecution.

77.

Mr. Caldera Martínez deserted from the Bolivarian National Armed Forces in January

2019 and went into exile in Brazil. He was therefore unable to participate directly in the

assault on the 513th Jungle Infantry Battalion on 22 December 2019. The military arrest

warrant, issued almost a year after his desertion (on 26 December 2019), indicates a

deliberate attempt to accuse him of acts committed when he was no longer in the country or

on active duty, which reinforces the suspicion of selective criminalization.

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78.

Mr. Caldera Martínez’s family members were granted a precautionary measure by the

Inter-American Commission on Human Rights owing to the acts of harassment and

persecution to which they had been subjected because of their public complaints. 4

Mr. Caldera Martínez was also included in a subsequent extension resolution following his

allegations of torture.5

79.

The source states that the Government claims in its response that the arrest took place

on 22 February 2021 in Venezuelan territory but does not provide convincing evidence to

corroborate this claim. On the contrary, the source mentions that it annexed to the

communication sent to the Working Group the complaints that his family members made to

different agencies about Mr. Caldera Martínez’s detention and enforced disappearance

without receiving any response. It is up to the State to investigate and prove that these acts

were not committed.

80.

The source reports that the independent international fact-finding mission on the

Bolivarian Republic of Venezuela cited the case of Mr. Caldera Martínez as an example of

the courts’ failure to take action in cases of short-term enforced disappearances.6

81.

The Government claims in its response that Mr. Caldera Martínez “escaped” from the

facilities of the Directorate General of Military Counter-Intelligence, where he was deprived

of his liberty. This escape took place against the backdrop of the severe acts of torture to

which he was being subjected and because he had spent more than 11 days in military custody

without being brought before a judge.

82.

Mr. Caldera Martínez was not allowed to appoint a lawyer of his choosing until

13 December 2021, almost one year after his arrest, which violated his right to a defence at

the most critical stages. The proceedings, which began in 2021, have been unjustifiably

prolonged through the fault of the State and the lack of witnesses from the public prosecutor’s

office. After three years, the trial has not concluded, and the legal limit for pretrial detention

has been exceeded.

2.

Discussion

83.

The Working Group thanks the parties for their submissions.

84.

The Working Group has in its jurisprudence established the ways in which it deals

with evidentiary issues. If the source has established a prima facie case for breach of

international law constituting arbitrary detention, the burden of proof should be understood

to rest upon the Government if it wishes to refute the allegations.7

(a)

Category I

85.

The source states that Mr. Caldera Martínez was arrested by officials of the

Directorate General of Military Counter-Intelligence in Cúcuta on 11 February 2021 and was

transferred to Caracas, where he was held for 12 days in a clandestine torture centre before

escaping. A civilian helped him but, on 24 February, he was recaptured, shot in the leg and

returned to the centre. He was then taken to the hospital in Fort Tiuna and to the Dr. Carlos

Arvelo Military Hospital. He was arrested without a warrant and, between 26 February and

18 March, his family members received no information on his whereabouts. On 2 March

2021, an official of the Directorate General of Military Counter-Intelligence falsely stated

that he had been executed.

86.

The Government responds that Mr. Caldera Martínez was arrested on 22 February

2021 by officers of the Directorate General of Military Counter-Intelligence in Táchira and

that he was informed of the reasons for the arrest and his rights. It states that two arrest

warrants had previously been issued: No. 502-19, issued on 26 December 2019 for military

rebellion, and No. 007-2020, issued on 20 January 2020 for terrorism and criminal

association.

4 Inter-American Commission on Human Rights, resolution 40/2023.

5 Inter-American Commission on Human Rights, resolution 87/2024.

6 A/HRC/48/69, para. 71.

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

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87.

Under article 9 (1) of the Covenant, no one may be deprived of his or her liberty except

on such grounds and in accordance with such procedure as are established by law. The

Working Group has previously stated that in order for a deprivation of liberty to have a legal

basis, it is not sufficient that there is a law that may authorize the arrest. The authorities must

invoke that legal basis and apply it to the circumstances of the case. This is typically done8

through an arrest warrant or a court order, or an equivalent document.9 The Working Group

reiterates that anyone who is arrested must be informed, at the time of arrest, of the reasons

for the arrest and the judicial avenues available for challenging the lawfulness of the

deprivation of liberty.10 The reasons for the arrest must include not only the legal basis for

the detention, but also factual specifics to indicate the substance of the complaint and the

wrongful act committed.11

88.

The Working Group notes that Mr. Caldera Martínez’s family members submitted

complaints regarding his detention and alleged enforced disappearance to national and

international authorities but did not receive any response. The source annexes copies of the

complaints. 12 The Working Group notes that the Government neither refers to these

allegations nor states whether investigations into the claims were launched or what their

outcome was, if any.

89.

The Working Group has examined the detailed findings of the independent

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

the case of Mr. Caldera Martínez.13 The mission’s description of his capture in Cúcuta, his

transfer across the border to the Bolivarian Republic of Venezuela and his subsequent

detention and torture coincides with the account provided by the source. The mission cited

this case as an example of transnational repression perpetrated by the Directorate General of

Military Counter-Intelligence to obtain intelligence and capture real or perceived dissidents

wanted by the Government of the Bolivarian Republic of Venezuela.

90.

On the basis of all the information gathered, the Working Group is not persuaded that

Mr. Caldera Martínez’s capture in Cúcuta, his transfer from Colombia to the Bolivarian

Republic of Venezuela and his subsequent detention were carried out in accordance with

article 9 (1) and (2) of the Covenant, owing to the lack of proper procedures and to the fact

that, at the time of his arrest, he was not informed of the reasons for the arrest.

91.

The Working Group reiterates that there is no valid legal basis, under any

circumstances, for an individual’s detention by State agents followed by a failure to provide

information or a refusal to acknowledge such a situation or even give information concerning

his or her location or whereabouts, which constitutes a situation of enforced disappearance

within the meaning of article 2 of the International Convention for the Protection of All

Persons from Enforced Disappearance. The detention is inherently arbitrary, as it places the

person outside the protection of the law, in violation of article 16 of the Covenant and article

6 of the Universal Declaration of Human Rights.14 Enforced disappearances are prohibited by

8 Opinions No. 88/2017, para. 27; No. 3/2018, para. 43; and No. 30/2018, para. 39.

9 Opinions No. 30/2017, paras. 58 and 59; and No. 18/2023, para. 93. In cases of arrests made in

flagrante delicto, the opportunity to obtain a warrant will typically not be available.

10 Human Rights Committee, general comment No. 35 (2014), paras. 24 and 25.

11 Ibid.

12 On 3 March 2021, they approached the Ombudsman’s Office and the Public Prosecution Service. On

4 March, they filed a writ of habeas corpus. On 17 March, the family members reported Mr. Caldera

Martínez’s enforced disappearance to agencies of the United Nations. On 19 May, they filed an

additional complaint with the Directorate for the Protection of Fundamental Rights.

13 See the conference room paper containing the detailed findings of the independent international fact-

finding mission on the Bolivarian Republic of Venezuela, table 7; available at

https://www.ohchr.org/en/hr-bodies/hrc/regular-sessions/session45/list-reports. See also the

conference room paper containing the detailed findings of the independent international fact-finding

mission on the Bolivarian Republic of Venezuela on crimes against humanity committed through the

State’s intelligence services: structures and individuals involved in the implementation of the plan to

repress opposition to the Government, paras. 87 and 221; available at https://www.ohchr.org/en/hr-

bodies/hrc/regular-sessions/session51/list-reports.

14 Opinions No. 13/2020, para. 51; and No. 56/2023, para. 92.

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international law and constitute an aggravated form of arbitrary detention.15 The Committee

on Enforced Disappearances and the Working Group on Enforced or Involuntary

Disappearances recall that enforced disappearance constitutes a grave human rights violation

regardless of its duration.16

92.

In the light of the information received, and given that the Government has not

commented on the actions taken by Mr. Caldera Martínez’s family members in respect of his

enforced disappearance, the Working Group considers that Mr. Caldera Martínez was a

victim of enforced disappearance, in violation of article 9 (1) of the Covenant. The

Government’s failure to notify the detainee’s family of his arrest and the location of his

detention violates principle 16 (1) of the Body of Principles for the Protection of All Persons

under Any Form of Detention or Imprisonment. The Working Group stresses the fact that

detainees must be allowed to communicate with family members and receive visits from them,

and that any restrictions on such contact must be reasonable. The Human Rights Committee

has established that giving prompt and regular access to family members is an essential

safeguard for the prevention of torture and protection against arbitrary detention and violation

of personal security.17

93.

The source claims that Mr. Caldera Martínez was brought before a judge 15 days after

his arrest. The Government claims that the arraignment hearing was held within the 48-hour

legal time limit.

94.

The Human Rights Committee has established that 48 hours is ordinarily sufficient to

satisfy the requirement to bring a detainee “promptly” before a judge after the arrest, and any

longer delay must remain absolutely exceptional and be justified by the circumstances.18 The

Working Group notes that holding people at secret locations and in circumstances

undisclosed to their families is a violation of their right to contest the legality of their

detention before a court or tribunal under article 9 (3) and (4) of the Covenant.19

95.

The Working Group concludes that Mr. Calera Martínez was brought before a judicial

authority after a delay, appearing on 26 February 2021, i.e. 15 days after his arrest, in

violation of article 9 (3) of the Covenant and principle 32 of the Body of Principles for the

Protection of All Persons under Any Form of Detention or Imprisonment.

96.

The Working Group notes that Mr. Caldera Martínez has spent more than three years

in pretrial detention, which is in contravention of international standards. The source claims

that, although the State requested an extension of the preventive measure, it could not be

extended for more than one year under national law, which means there is no legal

justification for keeping Mr. Caldera Martínez in pretrial detention.

97.

The Government states that it was agreed to follow the ordinary procedure of holding

him in pretrial detention owing to the risk of flight and the seriousness of the facts, in

accordance with article 236 of the Code of Criminal Procedure and article 9 (3) of the

Covenant, which allow for pretrial detention to ensure the appearance of accused persons.

98.

The Working Group reiterates that, under article 9 (3) of the Covenant, pretrial

detention must be the exception rather than the general rule, must be ordered for as short a

time as possible,20 and must be based on an individualized determination that it is reasonable

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

recurrence of crime.21 Courts must consider whether alternatives to pretrial detention would

render detention unnecessary.22 According to the Human Rights Committee, States Parties

need to show that detention does not last longer than absolutely necessary, that its overall

length is limited and that they fully respect the guarantees provided for by article 9 of the

15 Human Rights Committee, general comment No. 35 (2014), para. 17.

16 CED/C/11, para. 15.

17 Human Rights Committee, general comment No. 35 (2014), para. 58. See also opinion No. 84/2020,

para. 70.

18 Human Rights Committee, general comment No. 35 (2014), paras. 32 and 33.

19 Opinion No. 17/2024, para. 62.

20 Opinion No. 64/2020, para. 58. See also A/HRC/19/57, paras. 48–58.

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

22 Ibid.

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Covenant in all cases. In order to meet these conditions, regular review by a court or other

body possessing the same attributes as a judicial body is necessary.23

99.

The Working Group notes that the Government has limited itself to citing domestic

legal provisions without explaining the relevant circumstances that would justify detaining

Mr. Caldera Martínez from February 2021 to date (more than four years). Nor has it

demonstrated that a prompt and periodic review was carried out to determine the need to

maintain this measure. The Working Group finds a violation of article 9 (3) of the Covenant.

100.

Therefore, the Working Group considers that the detention of Mr. Caldera Martínez

is in violation of articles 3 and 9 of the Universal Declaration of Human Rights and article 9

of the Covenant and that it is arbitrary under category I.

(b)

Category III

101.

The source states that Mr. Caldera Martínez was not allowed to appoint a lawyer of

his choosing until the intermediary stage of the proceedings. The State allowed him to appoint

a lawyer of his choosing on 13 December 2021, almost a year after his arrest. The

Government states in its response that Mr. Caldera Martínez, from the time of his arrest to

the present date, has had contact with his defence lawyers and that they have been able to

represent him in all parts of the proceedings. It adds that only when Mr. Caldera Martínez

stated that he did not have private defence counsel to assist him was he represented by public

defenders.

102.

The Working Group recalls that all persons deprived of their liberty have the right to

legal assistance by counsel of their choice throughout the period of their detention, in

particular immediately after their apprehension, and that such access must be provided

without delay.24 The right to a defence is key to ensuring a fair trial that is conducted

according to the principle of equality of the parties with a view to avoiding biases that may

affect the decision. A fair trial in which the principle of legality is observed must ensure that

the parties have the time they need to challenge decisions, may appeal and have access to an

efficient, suitable and effective remedy for the defence of their rights. This is not possible

without the assistance of a lawyer, as it would place the victim at a disadvantage in relation

to the prosecution, as happened in the present case.

103.

The Working Group notes that the complaint submitted by the source to the Public

Prosecution Service on 19 May 2021 stated that Mr. Caldera Martínez had not been allowed

to appoint a lawyer of his choosing. The complaints were sent to officials of the Directorate

General of Military Counter-Intelligence on several occasions but were never processed. The

Working Group further notes that the Government’s response did not provide any

information in this regard.

104.

The Working Group stresses that Mr. Caldera Martínez did not have counsel of his

choosing during his enforced disappearance or during the first stage of the proceedings. This

is in violation of article 14 (3) (b) of the Covenant, which provides that access to a lawyer

must be guaranteed from the very outset of detention.

105.

The source state that, following his arrest, Mr. Caldera Martínez was taken to a

clandestine torture centre at the Directorate General of Military Counter-Intelligence in La

Mariposa, where he was tortured for 12 days. Mr. Caldera Martínez was suspended from the

ceiling by his arms and feet, suffocated with bags and water and tortured by being given

electric shocks to his body. The Government denies the accusations, claiming that at no time

during the proceedings did Mr. Caldera Martínez or his defence team refer to the alleged

violations or assaults.

106.

The Working Group notes that the precautionary measures granted by the Inter-

American Commission on Human Rights in favour of a family member of Mr. Caldera

23 Ibid., para. 15.

24 A/HRC/45/16, paras. 51–53. See also A/HRC/30/37, annex (United Nations Basic Principles and

Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty to Bring

Proceedings Before a Court), paras. 67–71 (guideline 8). See also opinion No. 38/2021, paras. 90 and

91.

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Martínez have been extended and that they directly include Mr. Caldera Martínez himself.

These measures state that he had allegedly been subjected to acts of torture, that he was being

held in inadequate conditions of detention and that he required medical treatment that he was

not receiving. 25 The Working Group has also examined the detailed findings of the

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

which document the case of Mr. Caldera Martínez and conclude that he was subjected to acts

of torture.26

107.

The Working Group has consistently held in its opinions that subjecting a person to

torture or other forms of ill-treatment or punishment prevents him or her from adequately

preparing his defence, in violation of the principle of equality of the parties to judicial

proceedings and of the right to a fair trial.27 In the Working Group’s view, the torture or

ill-treatment of detainees not only is a grave violation of human rights, but also a serious

threat to the fundamental principles of a fair trial, as it can compromise a person’s ability to

defend himself or herself, especially in the light of the right not to be compelled to testify

against oneself or to confess guilt.28

108.

In view of the detailed nature of the source’s submissions and the lack of specificity

of the Government’s responses, the Working Group finds that those submissions have

corroborated the source’s claims that the fairness of the proceedings was tainted by

ill-treatment and torture, circumstances that constitute a violation of the right to a fair trial

enshrined in article 11 (1) of the Universal Declaration of Human Rights and article 14 (3)

(g) of the Covenant.

109.

Given the above, the Working Group concludes that the violations of the right to a

fair trial and due process are of such gravity as to give Mr. Caldera Martínez’s deprivation

of liberty an arbitrary character that falls within category III.

(c)

Category V

110.

The source states that Mr. Caldera Martínez was persecuted, detained, tortured and

disappeared because of his public political criticism of the Government and his refusal to

contribute to its repressive policies and arbitrary actions. The source also states that

Mr. Caldera Martínez deserted from the army on 13 January 2019 and, on 23 January 2019,

he participated in a televised address from Colombia, along with other military personnel, in

which the Venezuelan military was called on to no longer remain indifferent to the serious

situation that the country was experiencing. In the speech, Mr. Caldera Martínez expressed

his support for, and recognition of, the Venezuelan opposition leader who had designated

himself as the country’s president-in-charge. This resulted in the persecution of Mr. Caldera

Martínez and his family, which would culminate in his subsequent arbitrary detention,

enforced disappearance and torture.

111.

The source adds that, in contrast to other officials who have deserted from the security

forces, it is apparent that Mr. Caldera Martínez’s persecution and subsequent arrest occurred

precisely as a result of his widely known, televised political statement, in which he spoke out

against the Government’s actions and expressed his support for the then opposition leader,

giving rise to a situation of discrimination in contravention of articles 2 and 26 of the

Covenant and articles 1 and 7 of the Universal Declaration of Human Rights.

112.

In its response, the Government states that Mr. Caldera Martínez’s detention cannot

be classified as arbitrary under the Working Group’s category V since his detention is in full

conformity with the Universal Declaration of Human Rights and the Covenant.

113.

Non-discrimination, together with equality before the law and equal protection of the

law without any discrimination, constitute basic and general principles relating to the

25 Inter-American Commission on Human Rights, resolution 87/2024.

26 See the conference room paper containing the detailed findings of the independent international fact-

finding mission, table 7; see also the conference room paper containing the detailed findings of the

independent international fact-finding mission on crimes against humanity committed through the

State’s intelligence services, paras. 87 and 221.

27 Opinion No. 32/2019, para. 42.

28 Opinions No. 22/2019, para. 78; and No. 56/2019, para. 88.

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protection of human rights. Thus, article 2 (1) of the Covenant sets out an obligation for each

State Party to respect and to ensure to all individuals within its territory and subject to its

jurisdiction the rights recognized in the Covenant, without distinction of any kind. When a

detention results from the active exercise of civil and political rights, there is a strong

presumption that the detention also constitutes a violation of international law on the grounds

of discrimination based on political or other views.29

114.

The Working Group notes that, in determining whether an arrest and detention were

based on discriminatory grounds, it takes into account a number of factors, including whether

the context suggests that the authorities have detained persons for the purpose of preventing

them from exercising human rights such as the right to express their political opinions.30 The

Working Group has also analysed the discriminatory treatment that may occur within this

process (arrest and a period of deprivation of liberty), since the treatment received by a

detained person may also be based on discriminatory grounds.31

115.

The Working Group notes that the independent international fact-finding mission, in

its conference room paper of detailed findings entitled “Crimes against humanity committed

through the State’s intelligence services: structures and individuals involved in the

implementation of the plan to repress opposition to the Government”, stated that there are

reasonable grounds to believe that a widespread and systematic policy to silence, discourage

and quash opposition to the Government has been established in the Bolivarian Republic of

Venezuela.32 The mission has identified that one of the selected targets has been military

officers considered to be potential dissidents.33 The mission investigated the cases of 122

officers and former officers of the Bolivarian National Armed Forces who had been detained

between 12 February 2014 and mid-2022.34 These officers include Mr. Caldera Martínez,

who is mentioned as an example of a former military officer who, for having expressed

political opinions critical of the Government, was persecuted, arbitrarily detained, subjected

to enforced disappearance and tortured.35

116.

In other conference room papers, the mission cites the case of Mr. Caldera Martínez

to illustrate the poor detention conditions to which political opponents are subjected. The

case of Mr. Caldera Martínez is given as an example of prolonged solitary confinement and

poor sanitary conditions, including lack of toilet facilities and the presence of wastewater in

cells.36

117.

In the light of the reports examined, the Working Group concludes that Mr. Caldera

Martínez was deprived of his liberty, subjected to enforced disappearance and tortured on

discriminatory grounds because of his political opposition to the Government, as expressed

after he deserted from the army. His detention constitutes a violation of articles 2 and 7 of

the Universal Declaration of Human Rights and articles 2 (1) and 26 of the Covenant.

(d)

Concluding remarks

118.

The Working Group wishes to clarify that this review refers to the arbitrary nature of

Mr. Caldera Martínez’s detention but does not make a judgment on the commission of the

offences with which he is charged. This case is one of a number of cases brought before the

Working Group in recent years concerning arbitrary detention in the Bolivarian Republic of

29 Opinions No. 88/2017, para. 43; and No. 59/2019, para. 79.

30 A/HRC/36/37, paras. 46–49.

31 Opinions No. 21/2015, para. 27; No. 31/2017, paras. 35–37; No. 44/2017, paras. 38 and 39; and

No. 71/2017, para. 55.

32 See the conference room paper containing the detailed findings of the independent international fact-

finding mission on crimes against humanity committed through the State’s intelligence services,

para. 4.

33 Ibid., paras. 69–71.

34 Ibid., para. 68.

35 Ibid., paras. 86, 87 and 221.

36 See the conference room paper of the independent international fact-finding mission on the Bolivarian

Republic of Venezuela on the government apparatus, its repressive mechanisms and restrictions on

civic and democratic space, para. 246; available at https://www.ohchr.org/en/hr-bodies/hrc/regular-

sessions/session54/list-reports.

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15

Venezuela. 37 The Working Group is concerned that this might be a sign that arbitrary

detention is widespread or systematic in the country. The Working Group stresses that States

have an obligation not to commit acts that may constitute crimes against humanity and to

prevent and punish them if they are committed.

119.

In view of the recurrent pattern of arbitrary detention identified by this international

mechanism in recent years, the Government is urged to consider inviting it to make an official

country visit. Such visits are an opportunity for the Working Group to engage in direct

constructive dialogue with the Government and with representatives of civil society, with the

aim of better understanding the situation of deprivation of liberty in the country.

3.

Disposition

120.

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

The deprivation of liberty of Franklin Alfredo Caldera Martínez, being in

contravention of articles 2, 3, 7 and 9–11 of the Universal Declaration of Human

Rights and articles 2, 9, 10, 14 and 26 of the International Covenant on Civil and

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

121.

The Working Group requests the Government of the Bolivarian Republic of

Venezuela to take the necessary steps to remedy the situation of Mr. Caldera Martínez

without delay and to bring it into conformity with the relevant international standards,

including those set forth in the Universal Declaration of Human Rights and the International

Covenant on Civil and Political Rights.

122.

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

case, the appropriate remedy would be to release Mr. Caldera Martínez immediately and

accord him an enforceable right to compensation and other reparations in accordance with

international law.

123.

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

investigation of the circumstances surrounding the arbitrary deprivation of liberty of

Mr. Caldera Martínez and to take appropriate measures against those responsible for the

violation of his rights.

124.

The Working Group requests the Government to disseminate the present opinion

through all available means and as widely as possible.

4.

Follow-up procedure

125.

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 Mr. Caldera Martínez has been released and, if so, on what date;

(b)

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

Martínez;

(c)

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

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

(d)

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;

(e)

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

126.

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

37 Opinions No. 84/2017, No. 87/2017, No. 24/2018, No. 41/2018, No. 72/2018, No. 86/2018,

No. 13/2019, No. 75/2019, No. 80/2019, No. 81/2019, No. 18/2020, No. 73/2020, No. 54/2023,

No. 27/2024, No. 31/2024, No. 38/2024, No. 6/2025, No. 8/2025, No. 19/2025 and No. 36/2025.

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

Group.

127.

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.

128.

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.38

[Adopted on 27 August 2025]

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