Luis Figueroa
Forcibly and illegally removed from a prison and tortured by military intelligence

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On August 14, 2006, National Guard Captain Luis Ramón Figueroa, who is currently incarcerated in Ramo Verde prison for trafficking narcotics, was illegally taken from Ramo Verde to the Military Intelligence Division (DIM) without a judicial order, without notification to his attorney, and against his will. This occurred during a week-long riot at the prison. Figueroa was attacked, in full view of the prison population, by several military intelligence officers.

At 11:00 a.m. that day, Figueroa was told by Colonel Gustavo Buznego, the director of Ramo Verde, that General Félix Velásquez needed to talk to him.  As Figueroa stepped out of his cellblock he was seized, handcuffed, hooded, and taken into a vehicle.  After being driven around in various vehicles, he was taken to an office where his hands were tied and a bag containing toxic substances was put over his head. He was then suspended by his wrists and questioned about a jailbreak that had occurred the day before.

According to Figueroa, DIM officials tortured him to obtain information about the four prisoners who escaped Ramo Verde and were known to be friendly with him: Carlos Ortega, Darío Faría, Jesús Faría, and Rafael Faría.

HRF has conducted extensive interviews with the victim, attorneys, and eyewitnesses. In addition, HRF has studied legal documents, court records and public records, as well as sworn statements by Mr. Figueroa. The evidence points to violations of human rights, specifically, the right to due process under the law and the right to be free from torture.

More than ten Ramo Verde inmates observed Figueroa’s physical state upon his return from the DIM on the night of August 14, 2006. Figueroa was vomiting blood throughout the night. According to Francisco Usón, a political prisoner and prisoner of conscience at Ramo Verde, Mr. Figueroa “was physically and psychologically tortured, to be later returned and thrown like a bundle in a deplorable physical and emotional state.”

The Venezuelan government denies Mr. Figueroa’s claims of torture, claiming that the allegation is part of a scheme to justify an attempt by Carlos Ortega and the Faría family to secure asylum in the United States. The Venezuelan minister of the interior and justice, Jesse Chacón, publicly declared that he is in possession of an email from Patricia Andrade, a woman in Florida, United States, to Edith Ruíz, a Globovision television employee, indicating that the allegations of torture would be made in order to generate a torture scandal that would in turn justify asylum for the Ramo Verde fugitives.

Chacón also claims that a forensic exam done on Figueroa shows that he was not harmed.  Chacón said that Figueroa was never removed from Ramo Verde and was questioned about the jailbreak in the presence of a prosecutor and the people’s defender, not in the DIM headquarters.  However, HRF has received eyewitness confirmation from four prisoners in different parts of the prison stating that Figueroa was seen being removed from Ramo Verde. Additionally, HRF is in possession of a document drawn up on August 15, 2006, by a member of the Office of the People’s Defender (a government office) detailing the allegations made by Figueroa several hours after being tortured.

Figueroa has also asked the penitentiary’s director to arrange for him to be taken to a medical center due to his delicate health, but his request has not been honored.  Furthermore, in an interview with HRF in Ramo Verde, Figueroa has stated that since he made the allegations about torture he fears for his life and has therefore asked for protective measures. Figueroa’s attorney has filed a request for an investigation into the allegations of torture as well as a special affidavit requesting that Figueroa not be transferred from Ramo Verde prison despite requests from prison authorities to move Figueroa to a different prison.

The Venezuelan government has not, to this day, taken action on Mr. Figueroa’s illegal transfer and torture. A formal investigation of the case has never been completed.