IACHR Files Application Before Inter-American Court of Human Rights in Case Concerning Unlawful Imprisonment and Torture at Helicoide Detention Facility in Venezuela

December 13, 2023

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) filed on September 7, 2023, an application before the Inter-American Court of Human Rights (I/A Court H.R.) in Case 13,435, with regard to Venezuela. This case concerns the unlawful and arbitrary imprisonment of Jorge Rojas Riera, the acts of torture he was subjected to, and the impunity associated with those events.

Jorge Rojas Riera was arrested by agents of the Intelligence and Prevention Services Department (DISIP) on September 19, 2003, during a peaceful protest on the Caracas square Plaza Francia de Altamira. He was taken to the detention facility known as El Helicoide.

While he was being detained, he was subjected to interrogation about other individuals who had taken part in the protest. He was also subjected to various forms of assault, including punches and the use of plastic bags to simulate suffocation. A later forensic medical examination showed evidence of the resulting injuries.

Rojas Riera was investigated for unlawfully carrying a firearm, for public intimidation, and for resisting arrest. After being taken before a court, he was granted house arrest in September 2003. During the hearing, Rojas Riera asked the court to examine the physical injuries the DISIP had caused him while he was being detained and he asked the public prosecutor's office to investigate the acts of torture that had been perpetrated against him.

In October 2003, judicial authorities ordered that Rojas Riera be put in pretrial detention, where he remained until January 2004. On August 9, 2004, the court of competent jurisdiction issued a conviction and sentenced him to four years, six months, and 15 days in prison.

Rojas Riera's sentence was suspended in April 2006 and he was put on probation for three years, with the requirement that he periodically appear before the authorities. Finally, the sixth investigative court of implementation declared that his criminal responsibility had expired in 2009, ordered his release, and declared him a free man.

In criminal law proceedings against Rojas Riera, the court asked the public prosecutor's office to investigate his allegations of torture. Despite the detailed account of the defense, which alleged crimes including unlawful imprisonment and torture, the case was shelved.

After assessing the case, the Commission stressed that the State had been unable to prove that Rojas Riera had been armed when he was arrested. He can therefore not be said to have been caught in the act, so given that no arrest warrant had been issued against him, the Commission considered that his imprisonment was unlawful. The IACHR further noted that his two-month pretrial detention had been arbitrary, since it lacked sufficient justification in terms of purpose, suitability, necessity, and proportionality. The Commission also said that Rojas Riera had not been informed of the reasons for his arrest.

The IACHR stressed that Jorge Rojas Riera had provided a consistent account of the violence he suffered while in detention and that he had backed it up with a medical report that showed evidence of injuries following his detention and with background information concerning the situation of other individuals held at the El Helicoide facility. The Commission therefore concluded that Rojas Riera had been a victim of torture which caused him great physical and mental distress.

Concerning investigations of the allegations made by the defense, the IACHR noted that the public prosecutor's office had closed the case in 2008 without documenting any measures taken to establish what had happened, in violation of the rights to a fair trial and to judicial protection.

The Commission said that Rojas Riera had been peacefully taking part in the protest on Plaza Francia when officers of the State unlawfully and arbitrarily arrested him, so that his right to peaceful assembly had been unlawfully, unnecessarily, and disproportionately restricted.

Based on these considerations, the Commission found that the State was responsible for violations of the rights held in Articles 5.1, 5.2, 7.1, 7.2, 7.3, 7.4, 8.1, 15, and 25.1 of the American Convention, in keeping with the obligations held in Article 1.1 of the same instrument, against the individuals identified in this report. The IACHR further concluded that the State was liable for violations of Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture.

The Commission therefore recommended that the State adopt the following reparation measures:

• Provide comprehensive reparations—both material and immaterial—for all the human rights violations mentioned in the report
• Ensure any physical and mental healthcare necessary for the rehabilitation of Rojas Riera and members of his family, should they request it
• Conduct criminal, administrative, and other impartial and effective proceedings concerning these human rights violations in a timely manner, to establish what happened and who was accountable for it
• Issue a directive at the highest level, to ensure that officials refrain from all practices that amount to torture or cruel, inhuman, and degrading treatment—including acts of sexual and other gender-based violence—as a mechanism to ensure non-recurrence

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 292/23

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