Free Eyvin Hernandez, American held in Venezuela | Pod Hostage Diplomacy

Free Eyvin Hernandez, American held in Venezuela

SPEAKERS

Daren Nair, Henry Martinez

Daren Nair  00:05

Welcome to Pod Hostage Diplomacy. We work to free hostages and the unjustly detained around the world. Together with their families, we share their stories and let you know how you can help bring them home.

Elizabeth Whelan  00:18

Now when it comes to using the family to get... for Russia to get what they want, if that's the case, they've picked the wrong family, because I'm not going to carry water for the Russian authorities.

Daren Nair  00:28

These are some of the most courageous and resilient people among us.

Mariam Claren  00:32

I never thought that my mother, Nahid Taghavi, will ever have a link to negotiations in Vienna about the JCPOA. That's so crazy.

Daren Nair  00:43

People who have never given up hope.

Paula Reed  00:46

Trevor told his girlfriend to tell me to... to be strong. So, I'm trying to be strong for Trevor.

Joey Reed  00:50

 You know, if Trevor can cope with what he's dealing with...

Paula Reed  00:53

 Exactly. 

Joey Reed  00:53

We can sure cope with the stress.

Daren Nair  00:55

People who will never stop working to reunite their families. 

Joey Reed  01:00

We'd like to meet with the President. We believe that, you know, he has... he's surrounded by lots of experienced and educated advisors. But I don't believe that any of them have ever had a child taken hostage by a foreign country, especially not a superpower like Russia.

Daren Nair  01:15

And we will be right there by their side until their loved one comes back home.

Richard Ratcliffe  01:20

Because if enough people care, then the right people will care enough.

Daren Nair  01:24

I'm Daren Nair, and I've been campaigning with many of these families for years. When I first started campaigning with these families, I noticed they struggle to get the media attention they needed. So, I decided to create this podcast, which is a safe space for the families to speak as long as they need to about their loved ones, and what needs to be done to bring them home.

Mariam Claren  01:45

Nobody can prepare you for what our family's going through. Even if someone had told me one year before, in one year, this is going to happen, prepare yourself. It's impossible.

Daren Nair  01:59

Thank you for listening, and welcome to Pod Hostage Diplomacy. Welcome to Pod Hostage Diplomacy. American citizen, Eyvin Hernandez, has worked for the Los Angeles County Public Defender's Office since 2006. He has always been a passionate advocate for the most vulnerable people in the Los Angeles community, including people experiencing homelessness, mental illness, and substance abuse. Eyvin served as a mentor and trainer for dozens of newly hired deputy public defenders. He also volunteered his time to advocate for children in the juvenile justice system. In March this year, Eyvin was detained by Venezuelan military agents near the Colombia-Venezuela border, and has been held in a maximum security military prison in Caracas, Venezuela, to date. The United States government has classified Eyvin as being wrongfully detained. Today, we have the honour of speaking to Eyvin's brother, Henry Martinez. Henry, we're so sorry for what Eyvin, you and your family are going through. We will do everything we can to help. Thank you for joining us.

Henry Martinez  03:08

Thank you for having me.

Daren Nair  03:10

You're welcome. Can you please walk us through what happened to Eyvin?

Henry Martinez  03:13

Yes. So, as you know, and can imagine, he's been working for the Los Angeles County Public Defender's Office for the past 15-plus years, and, you know, with this pandemic, that... that we've been going through, you know, his caseload has been, you know, doubled, per se. And he decided to take a vacation to Colombia. And which he's been to Colombia a couple of times. From there, he accompanied a friend, as he makes friends all over the world as he travels, and decided to be a companion and... and get the friend a passport stamped so they can travel. You know, along the border, he was basically kidnapped by paramilitary groups. I'm not sure exactly. I can't... I don't have that identity of who... who were the captors, but you know, basically, it was near the border. They... they recognised that he was an American. They asked for $100 to... to cross over to Venezuela, and he immediately replied with, "you know, I'm not trying to cross over to Venezuela. I understand the relationships between the two nations and... and nor do I have $100. So, you know, please, I just want to stay in Colombia." And you know, that's where...where he and his friend were taken roughly. in very traumatic manner.

Daren Nair  05:00

I'm so sorry to hear that. How did you know Eyvin was missing?

Henry Martinez  05:04

So, me and my family, we had just came back from Florida, from our little vacation. On the 25th of March, I came back. I'd seen my mom, I'd seen my dad, and we talked. I think it was March 29th when my dad said, "hey, you know, I called Eyvin, and he hasn't picked up. I sent him a couple messages. Have you talked to him?" I said, "no, I actually haven't talked to him." I sent him a few messages that day, too, and didn't get a reply. And he's...every time he's travelled, he at least talks to one of my parents, my mom or my dad, you know, say good night, or how his day was, a little recap of his day, constantly in communication. March 30th came around. We still haven't heard anything from him. Then the 31st came, still nothing, you know. Then... then we're... me and my... my parents were, you know, starting to get a little bit more worried on what's going on. This is not... this is not like his behaviour. And that's when I started reaching out to calling the police stations in Medellin, Colombia, seeking for help. "You know, I have a brother who's out there, he's not answering our phone calls, can you help us find him?" I called hospitals seeing if maybe something had happened to him, and we can find them in the hospitals. I reached to the US Embassy in Bogota, explaining the situation. And, you know, April 1st came, you know, I declared him a missing person in Colombia. We were able to locate his Airbnb, where he was staying at. You know, those nights were very, very hard for us, not knowing what state and condition he was. And you know, we heard about a current trend in Colombia that... that, you know, people are sedated and... and kidnapped and, you know, start taking their money from... from ATMs and then later reappeared elsewhere. And so I would have nightmares of having to go to fly to Colombia and identifying my... my brother's body. And it was... it was very, very difficult for us. He was due to come back to Los Angeles, April 3rd. And, obviously, he didn't... he didn't get off that plane at the LAX. And you know, April 4th came, it was about six in the morning, and my dad receives a message and says, "hey, I have a message regarding Eyvin." We immediately were overwhelmed by this news. You know, we were thinking, you know, he's been hostage, he's a hostage, or they're gonna start asking for some money, you know, what's going on? We were able to communicate with the public with a public defender. That person messaging was his public defender. He said, "you know, I'm his public defender in Venezuela. He's been detained for conspiracy in association to commit crimes against the state." And we were just like, "whoa, like, he wasn't planning on going to Venezuela, he would have told us had, if that was part of his plan." But he... he knew that... that that was never his intention. We knew that that was never his intention as well. And so, I received a voice clip through WhatsApp and... and basically he said, "you know, I'm being held. They're going to do a 45-day investigation period. There's nothing against me. They don't have any type of evidence. I should be free in the next 45 days. Okay?" You know, that's... that's... that's where... that was the last communication I had from him. It was about 57 days later, when I received the phone call, saying that he was in... in Caracas DGCIM, maximum security prison.

Daren Nair  05:59

I'm sorry to hear that. I've interviewed members of the Citgo 6 that were released last month, and they were held in the DGCIM, in the DGCIM as well. So, they spoke about the... I mean, their families spoke about the conditions, the appalling conditions. Is your brother being held in solitary confinement at the moment? Or was he being held in soli... solitary confinement at any time?

Henry Martinez  09:56

Yeah, so the... the information that I've been able to gather through our conversations is he was... he was in solitary confinement for, I would say, about the first five, four and a half months. You know, he... it's a small... small... space, small cell. The lights are on 24/7. He's not allowed to take adequate... adequate sleep, you know, because of... because of that. So yeah, it's... it's not a... it's not a very... it's not a safe place to be. And it's very hard on... on the body and on the mind.

Daren Nair  10:42

Again, I'm sorry for what Eyvin is going through. Does he have any medical conditions? And if so, is he being given appropriate medical care?

Henry Martinez  10:51

No, he doesn't have any pre-existing conditions or anything like that. He's... he's very health conscious, my brother. You know, he's a vegetarian. He likes to maintain his... his body fit. And, you know, he was always active, exercising, so he's very health conscious. Also, he... he was into like, salsa and dancing and... and so, he was a competitive dancer. So no, he doesn't have any pre-existing conditions. But as far as medical attention, he said he was sick, most recent... most recently. You know, he thinks that he had the Omicron virus or something, because it really took a toll on him. And he was able to get a couple vitamin shots, from what he was... he's been able to tell me.

Daren Nair  11:56

Well, it's good that he doesn't have any medical conditions. And I'm not surprised that he got COVID-19, because the Citgo 6 members, and most of them were in their 50s, late 50s and 60s, they got COVID-19 twice in prison. I don't think it was the DGCIM, but the state of Venezuelan prisons is simply terrible. Is Eyvin being given food and water? The reason I ask is I know for other Americans held in Venezuelan prisons, their families had to get someone based locally to deliver food to them. Is that what's happening for Eyvin?

Henry Martinez  12:35

Fortunately, I'm able to provide a few nutritional foods. However, you know, I don't know the exact situation. You know, I think... I think he wants to make sure that we're not overstressed, and so, he says he's fine. You know, I think I would... I would say the same thing to my family if I were in the sim... similar situation. You know, you don't want to put your family through... through this... this hardship. And I think... I think he... he does that with us. So. I can't... I can't tell you exactly the truth, you know, because I don't know. But... but I have been able to provide some... some food to him, some like, you know, like protein shake or something.

Daren Nair  13:34

Well, that's good to know. Does...? So, you mentioned at the beginning, you received the message from Eyvin's public defender in Venezuela. So obviously, he has a lawyer. Has he been taken to court? And has there been a trial?

Henry Martinez  13:52

I don't think there's been a trial yet. I think it's... this process is stretched to... to as... as much as it can. The first, I think, preliminary hearing was deferred at least 10 times. You know, the communication was, you know, "I should have a court hearing next week," and then something would happen. That would get deferred. The following week, or two weeks down the line, the same... same situation, for whatever reason. There's always a reason. But the case... the court hearings were always pushed back. So... so, the latest, right now, is his preliminary hearing took place, I think in late August, and I don't think he's had anything since... since then. And... and the case has been gone... has gone through several public defenders, so the original public defender's not... not holding that case now, and so I don't really have communication with the appointed public defender.

Daren Nair  13:54

So, Henry, just taking a step back here for the benefit of our listeners, we know Eyvin has been working for the LA County Public Defender's Office, and he's been doing amazing work. But can you tell us more about his background, specifically the earlier years of his life? And what else he has been up to?

Henry Martinez  15:30

Yeah, I mean, so... so, my brother is seven years older than me. And, you know, he went off to college. He did his own thing. I did my own thing. But... but throughout his high school years, I recall him, you know, trying out for the baseball team, the football team and he really attained like, this disciplined mindset from... from, I would say, from high school. And, you know, he pursued pure mathematics and physics for his... for his Bachelor's, graduated there and decided to go to law school, which... which he finished in 2005, and was selected by the Los Angeles County to be a part of the public defender's team. But throughout... throughout this whole... this whole time, I mean, as I've been able to meet a lot of his new friends, or I've been able to meet a lot of his friends through this... this ordeal, I realised that how much he has been there for a lot of people, dedicated time to help others that are in need, off the clock, you know, friends, families, you know. He would help out my daughter with math tutor... tutoring. And he's very passionate on helping and he's... he's... he's the type of person that will drop... drop what he's doing to... to help you out if you... if you ever need. That's the type person he is. You know, he's... he's been... he was part of the... the union for public defenders. I think he was on the board. He was... he was heavily involved with like, community activism, juvenile detention centres, helping out people who are... are desperately in need.

Daren Nair  17:30

Definitely sounds like a great guy. And you mentioned the salsa dancing. Yeah, so he's a competitive salsa dancer. So, and that explains why he's in fit condition. When was the last time you spoke to your brother? And how's he doing now?

Henry Martinez  17:47

Um, you know, it's... it's been several days now since I spoke to him. And it's, you know, it's the conversations sometimes become repetitive, you know? "I love you, I miss you and stay strong. Everything's gonna be all right. I'm doing everything I can to... to bring you home." You know, he said he understands. Yeah, he tells me he's strong. You know, he's... he's saying he's fine. But, you know, there's some times where I can hear his voice weakening and, you know, just despair in his mind, just there's... the uncertainty of how long this is going to take is sometimes what... what gets to all of us, you know, especially him. He's the one that's suffering the most. I think that's the hardest part.

Daren Nair  18:52

This is obviously a very traumatic time for all of you and not just Eyvin. How have you and the rest of your family been coping with this trauma? 

Henry Martinez  19:03

You know, there's some good days and are better days and bad days. And, you know, I'm fortunate to have a strong unit at the house. You know, we constantly support each other. A lot of his friends and colleagues who are really helping me, you know, get... get through this. You know, it's... it's... it's... it's overwhelming. You know, I think as long as we get to hear his voice, and as long as he gets to call us is... is... is what keeps us pushing. You know, there's... there's... there's no other... there's nothing else to do but to focus on him and bringing him home.

Daren Nair  19:52

I say this to many of the former hostages. Tough times don't last; tough people do. And I mean, a lot of the families like the Citgo 6 families, they said in the meantime, they, I mean, while they were going through this tremendous ordeal, they found solace in religion. Some of them went to therapy. Have you guys been doing something similar?

Henry Martinez  20:22

Yes. So, my... my mother, she's... she's a Christian, and she's... she's just constantly praying. She's done fasting. My brother, my dad, has, you know, continued to go to church. He does his prayers. We light candles. I myself, you know, I've done several things. I've been... I've done my fasting as well. I tried to get into some exercise to, you know, get my brain and my... my body flowing. But it is sometimes... it's hard to... to even concentrate on that. You know, because there's so much to do, so many things to do. But you know, just making sure, you know, I have my kids and, you know, making sure that I'm here for them as well. That... that balance is important. My wife, you know, she supports me tremendously. And, you know, it's... I'm glad to be surrounded by people who... who's... who give me that support.

Daren Nair  21:24

Making sure you yourself are healthy is very important. In order to be the best advocate for your brother, you need to be strong, and you need to be healthy, because this is not going to be a race, or short sprint, it's going to be a marathon. So, you need to take care of yourself as well. And I know it's easier said than done, but obviously keeping yourself healthy, exercising, is a very good way of coping. What should the Venezuelan Government do?

Henry Martinez  21:55

Well, that's, I mean, I think the obvious answer is release... release my brother. You know, I think... I know that they're aware that, you know, he's no... no spy. And there's plenty of evidence to show that he's..., he's an immigrant from El Salvador, you know, did... did what he had to do go to school and serves the community... serves... serve... serves the... the public. You know, he's... he... he's... he's been there seven months now. And, you know, just... just let him go. Just let him go.

Daren Nair  22:39

What should the US government be doing better?

Henry Martinez  22:43

You know, there's... they... they had the most recent Americans that have been released from Venezuela, seven, is... is something that... that... that gave me more hope. You know, there's... there's engagement between the two nations. And I... I hope they're doing what they say they're going to do behind the scenes. I think they need to be more vocal about what's going on and more transparent. And, I guess, move... move with a more sense of urgency. I think there are other things that... that could be pushed to the side and... and focus on the innocent Americans that... that are being held hostage, not just in Venezuela, but all around... all around the globe.

Daren Nair  23:50

Yeah, so for the benefit of our listeners, last month on the first of October, seven Americans, who were wrongfully detained in Venezuela, were freed in a prisoner swap between the US and Venezuela. This included Jose Pereira, Tomeu Vadell, Jorge Toledo, Alirio Zambrano, Jose Luis Zambrano, Matthew Heath, and Osman Khan. We interviewed Jose Pereira on our last episode, and we are very happy that Jose and the other Americans were freed and now back home with their families. Eyvin was unfortunately left behind. Now, I know you just mentioned that it did give you hope that it is possible to bring Americans home that were held hostage, wrongfully detained in Venezuela. So, even though he was detained in March, he was only recently classified by the US State Department as being wrongfully detained. What are your thoughts on the delay here? And do you think if the US State Department classified Eyvin as wrongfully detained sooner, he would be back home with his family right now?

Henry Martinez  24:50

Yes, that was a bittersweet moment. As I... as I was reading the... the news, word for word, I seen seven Americans released from Venezuela. And I'm reading the names, you know. And I seen he wasn't on there. And it was... it was heartbreaking, you know, but... but again, like I said, I am so happy for the families, and I'm so happy for the Americans who... who are back. But it was a punch in the gut and definitely hard to swallow. And... and do I think, had he been declared wrongfully detained sooner, would he have been on that plane? I mean, it's hard to say. I mean, I don't know. I want to believe so, you know, but I can't... I can't. I mean, I want to believe so. I think the process of declaring a person wrongfully detained is... is unclear. I know there's the Levinson Act, which has about 11 criterias to classify a wrongfully detained person, but what... what... what... what does that look like? I mean, who... who do we talk to, right, to... to see what steps they're on? You know, there's... there's... there's that disconnection that exists in that... in that stage. And why can't there be a dialogue between the government and families who are... who are going through these stages? You know, why... why... why... why is there... there's no set time to... to this determination process. As you know, Biden had the executive order, July 19th, because this is happening far too often. And with that said, I mean, like, there should be a clear picture on what the process looks like.

Daren Nair  27:11

No, I absolutely agree with you. President Biden issued his executive order and declared this a national emergency, because there were too many Americans currently held hostage and wrongfully detained abroad. So, President Biden declared this a national emergency. And that executive order gives the government power to penalise the countries that are taking Americans hostage or wrongfully detaining them. And in terms of the criteria within the Levinson Act, it's good to have this criteria. So, I understand the delays and frustrations with the process in the United States. But as someone living in Britain, you guys have it better. I mean, not necessarily all the countries. And I know that it's not comforting, but we, like in the UK, many of us who have been advocating for British citizens held hostage overseas, or wrongfully detained, are lobbying the government to create our version of the Levinson Act, our version of the US Special Presidential Envoy for Hostage Affairs. And I know the folks in Australia are doing the exact same thing. So, having this Levinson Act with this criteria in Section Two, Subsection A, that lists this is what that you use to classify an American as wrongfully detained abroad. I mean, these are the criteria you need to meet. Having that is obviously a good thing. But I think the issue I've seen with the US is, there has to be a time limit for them to make the decision. And that's... that's what's missing here. So, I don't doubt the intentions of the State Department and the SPEHA team. I've spoken to some of them, they're great people. And... and I mean, they work very hard to bring Americans home. Every family I've interviewed has nothing but positive things to say about the Special Presidential Envoy for Hostage Affairs and his team. But I think there's... there's still room for improvement. There needs to be a timeline. They need to make this decision within like, you know, maybe two months, three months. It can't go on. They were very quick with Brittney Griner. And they were absolutely right. She needs to come home. But it seems, right now, that if you want your loved one to be classified wrongfully detained, as wrongfully detained, if they meet the criteria, you need to go to the public, to get the media to cover your case and pile on the public pressure. Journalists and news outlets can play a huge role in putting pressure on the government to act faster. So, from your perspective, what can journalists and news outlets do to help your campaign to bring your brother home?

Henry Martinez  30:07

I mean, this is a very unfortunate situation for the American hostages and detained, and the families that are... are going through it. And, you know, it's... it's one of those things where, you know, you... you say, "it's never gonna happen to me, we're never gonna go through something like this." And here we are. So, that... that the journalists have put themselves in... in that situation where, you know, these families are in desperate situation, and we need our voices heard. And I think we rely on the journalists and the media so much in order to get traction, in order to get our voices heard. And I think it's... it's... it's like you mentioned, it's clear, you know, without... without public awareness, you know, this... these cases can easily be put in the backburner.

Daren Nair  31:11

You're absolutely right. I say this to many people, hostage diplomacy doesn't happen to everyone, but it can happen to anyone. And it can happen to journalists, too. American journalist, Jason Rezaian, was held hostage in Iran for 544 days. Currently, Australian journalist, Cheng Lei, has been wrongfully detained in China for two years so far. So, this happens to journalists as well. Now, Henry, what can the public do to help bring Eyvin home?

Henry Martinez  31:45

I mean, definitely follow us on Instagram at BringEyvinHome. We have a Twitter, @BringEyvinHome, Facebook page, Bring Eyvin Home. There's a GoFundMe, Liberty and Justice for Eyvin. There's a petition at change.org. Please sign. Please share. And, you know, follow the case. You know, any... any updates we... we post it. So, you can follow the case and... and see where we're at and how you guys can help. We'll be going to DC, November 15th, through the 17th. We'll be attempting to talk to as much as elected officials as possible and see if we can get their support in efforts to bring... bring Eyvin home. We're hoping to do a press conference on the 16th between 8am and nine. And you know, we'll post that as well, little bit more information. And... and, you know, just be aware of... of the situation and spread... spread awareness to... globally, about countries that... that are, you know, doing these type of activities. 

Daren Nair  33:13

You also have a website, the URL is www.bringeyvinhome.org, right? So, if you go to that website, it has the links for all your social media accounts. I think it has the petition, link to the petition, as well. It also has lots of information on Eyvin. When I was doing research for this episode, I went to that website, and most of the information I got was from that website. So, it's www.bringeyvinhome.org. Now, for our listeners who, let's say they don't have the time to go to your website, or check your social media channels, but if they come across their local Representatives, their Congressmen, their Senators, their Governors, or even if they come across White House staff, they're probably going to have, what, maybe five seconds to say something and to be heard. What are the key points you would want them to say about Eyvin?

Henry Martinez  34:11

Oh, man, that's a hard question. You know, you have a government employee who's held hostage in Venezuela, what are you going to do about it? If... had this be one of your family members, how would you react? Please support the cause in bringing him home.

Daren Nair  34:31

That's good. Now we're almost at the end of our interview. Is there anything else you'd like to mention?

Henry Martinez  34:37

I mean, I think sometimes including myself, you know, listeners often think, you know, "my involvement, it's not really gonna do much." You know, as a listener, please get involved. Your... your engagement actually makes a difference and, just like voting, so make sure you go vote. But yeah. Just being engaged and supporting, sharing, retweeting, that, I think, that helps more than... than we often think.

Daren Nair  35:16

Absolutely. Now, Henry, I said this at the beginning of this episode, and I'll say it again, we're so sorry for what you and Eyvin are going through, and we will be right here, campaigning by your side until Eyvin comes home. Thank you for taking the time to speak to us today. 

Henry Martinez  35:30

Thank you.

Daren Nair  35:36

Thank you for listening to Pod Hostage Diplomacy. Thank you for giving your time and for showing these families that they're not alone, that there are good, caring people out there, willing to stand by their side and help in any way possible.

Richard Ratcliffe  35:50

Because if enough people care, then the right people will care enough. This is a basic rule of thumb that is true for all campaigning.

Daren Nair  35:58

If you haven't already, please subscribe to our fortnightly newsletter called The Hostage Briefing. It's the best way to keep up to date with the cases we're working on as well as new episodes. You can subscribe to this newsletter using the link in the description of this podcast episode that you're currently listening to. Thanks again and take care.