The De Grazia brothers have been imprisoned for

908 days

Since their arrest by the DGCIM on April 19, 2024.

The case

The arrest and the charges

On April 19, 2024, officers of the General Directorate of Military Counterintelligence (DGCIM) arrested Carmelo and Daniel José De Grazia Suárez at their homes.

The arrest

That same day, their brother Levin Salvatore De Grazia Suárez turned himself in to the DGCIM on learning that an arrest warrant existed against him. Earlier he had received a call from José Simón Elarba Haddad, a private individual with no public office, who told him he had to surrender and before which military official to do so.

From the arrest until they were brought before the judge, the brothers underwent severe interrogations. According to the document, those interrogations did not seek to clarify the facts they were accused of, which they did not know about, but to gather information about their assets: real estate, vehicles, aircraft, boats, companies and financial assets.

The charges and what the documents say in response

The brothers learned of the charges at the April 25 hearing. There were three. For each one, the statement of facts gives this response:

The accusation

Charging PDVSA commissions of 15% to 16% on foreign exchange transactions carried out at Bancamiga.

What the documents show

PDVSA did not trade with Bancamiga. Some PDVSA clients traded with an exchange house, and that house traded with Bancamiga's exchange desk, which charged a 0.15% commission, one hundred times lower.

All of those transactions were known to the Superintendency of Banks (SUDEBAN), which supervises the bank.

The accusation

Operating Compass Bank & Trust without permits to function in Venezuela.

What the documents show

Two official letters from March 2021, one from the Ministry of Economy and one from the Superintendency of Banks, following a binding opinion of the Superior Body of the National Financial System, authorized Compass Bank to set up a commercial representative office. Annex 1

The accusation

Conspiring to push up the parallel exchange rate and destabilize the Government.

What the documents show

Bancamiga's exchange desk generated more private supply than most banks, and more supply tends to stabilize or lower the exchange rate. The gap between the official and parallel rates was 10% at the time of the arrest, 24% the following year and 32% two years later.

Even so, Judge Carlos Enrique Liendo ordered the detention of all three brothers, including Levin, who was neither an employee of nor held any position at Bancamiga or Compass Bank.

The April 25, 2024 hearing

It was held in the early morning, before the Second Special Court of First Instance with control functions, which hears terrorism-related cases. According to the statement of facts, it is void for two reasons:

  1. The constitutional deadline was exceeded. Article 44, paragraph 1, requires a detainee to be brought before a judge within 48 hours. The brothers were brought in more than 120 hours later.
  2. The right to a defense was violated. They were prevented from appointing private lawyers and a public defender was imposed on them against their will.

Where they are held

The «Máxima II», April 19 to August 22, 2024

They were held at the DGCIM headquarters in Boleíta Norte, Caracas, with no access to lawyers. They never saw sunlight or went out to a yard, had no phone calls and had no contact with the outside world.

In his sworn statement, Carmelo describes isolation in a freezing cell that made him hallucinate, a light kept on 24 hours a day, minimal food rations with a loss of a kilo a day, and the threat of «the tomb», a punishment pit in the basement. When he asked for a lawyer, the guards answered: «Here your only lawyer is God». Annex 2

El Rodeo I (SESMAS), since August 22, 2024

They remain in DGCIM custody under a maximum-security regime. They spend about twenty-three hours a day in a two-square-meter cell and the full twenty-four on weekends.

Only one person at a time may visit them, their wife or their parents, through a glass partition and by telephones whose conversations are recorded and monitored.

Without a defense for almost two years

Carmelo's private lawyers were appointed on May 15, 2024 and filed fifteen requests to be sworn in before the judge. All were rejected, and he was left without a defense until April 20, 2026.

What follows summarizes the «Statement of Facts» submitted by the affected parties. Each claim refers to the annex that supports it where one exists.