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ePaper created 2015-11-10, 17:27:36 | version 1.33.00
REDACTED Page 161 of 190 are going to plant evidence to say that you burn those police patrols”. He was wrapped up with tape and a foam rubber mat. Five officers punched him, kicked him and threatened him, stating: “Sign here. Say that you started the arson of the Office of the General Prosecutor building”. With two cables they applied electric discharges that made him pass out, until someone showed up and said “Do not kill him here! Not here where we can be seen”.”703 In July 2014, a medical examination determined that Coello was suffering from post- traumatic stress, therefore, the court granted him with precautionary measures for the duration of the trial. Since then, Coello complied with reporting to the court periodically, however, he did not show up for his last hearing on 3 September 2015. He fled to the United States, claiming that if he were remained in Venezuela, he would be convicted without the right to defense in the middle of a judicial system that branded as "flawed". On 15 September 2015, during an interview with Fernado Del Rincón that was broadcasted by CNN Spanish, Coello stated that he was tortured by policemen, who wanted to force him to sign a declaration to incriminate Leopoldo Lopez and himself as responsible of committing arson, murders.704 4.Other inhumane acts as a crime against humanity The crime of other inhumane acts is “a residual category which includes acts not specifically enumerated.”705 The acts must be similar in gravity to the ones provided for706 and must be as serious as the other lasses of crimes.707 They “must in fact cause injury to a human being in terms of physical or mental integrity, health or human dignity.”708 Acts such as mutilation and other types of severe bodily harm, beatings and other acts of violence and serious physical and mental injury have been found to constitute inhuman acts.709 The Appeals Chamber at the ICTY considered that “[i]nhumane acts as a crime against humanity is comprised of acts which fulfil the following conditions: the victim must have suffered serious bodily or mental harm; the degree of severity must be assessed on a case-by-case basis with due regard for the 703 MATA, R. (2014) February Testimonies. Acción por la Libertad. [Online] February 2014. Available from: http://accionlibertad.org/wp-content/uploads/2015/10/february-testimonies-ROBERTO-MATA.pdf 704 CNNESPANOL (2015) Marco Coello: "Me pusieron una pistola en la cabeza para que firmara una declaración". Cnnespanol. [Online] 15 September 2015. Available from: http://cnnespanol.cnn.com/2015/09/15/marco-coello-me-pusieron-una-pistola-en-la-cabeza-para-que- firma-una-declaracion/ 705 ICC. Prosecutor v Kordic and Cerkez. Judgment Trial Chamber. 26 February, 2001. para. 269 706 ICC. Prosecutor v Tadic. Judgment Trial Chamber. 7 May, 1997. para. 729 707 ICC. Prosecutor v Kupresic et al. Judgment Trial Chamber. 14 January, 2000. para. 566 708 ICC. Prosecutor v Tadic. Judgment Trial Chamber. 7 May. 1997 para. 729 709 ICC. Prosecutor v Tadic. Judgment Trial Chamber. 7 May. 1997. para. 730