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Washington, D.C. – The Inter-American Commission on Human Rights
(IACHR) expresses its concern about the worsening conditions of
detention faced by military officers and civilians held at the
headquarters of the General Department of Military
Counterintelligence (DGCM, by its Spanish acronym) in La Boleita, in
the Caracas municipality of Sucre. The IACHR urges the State of
Venezuela to comply with the precautionary measures that the
Commission has granted in favor of those military officers and
civilians.
On May 22, the Commission heard alarming reports about the persistence of
the acts of violence and appalling conditions of detention that were
reported in requests for those precautionary measures. Recent allegations
include torture and other forms of cruel, inhuman and degrading treatment,
isolation and procedures to keep detainees incommunicado, along with
worsening conditions for some precautionary-measure beneficiaries. According
to the requesting party, “cruel treatment persists.” Detainees’ access to
their families had allegedly been restricted, while the head of the DGCM
allegedly even threatened beneficiaries with “gassing them through the
pipes, concentration-camp style, unless they stopped complaining.”
The requesting party further reported that beneficiaries had not had
access to fresh air or natural light for over a month, while restrictions
allegedly persisted in access to water, food and adequate medical care. The
requesting party mentioned as an example the situation of Navy Captain Luis
Humberto de La Sotta and of Lieutenant Colonel Igbert Marín Chaparro, who by
May 22 had allegedly been held “completely incommunicado” for 18 and 25 days
respectively. The report also said that Major Abraham Suárez had attempted
suicide on May 21. Major Suárez’ second suicide attempt allegedly happened
as a consequence of the depression he suffers after being subjected to
torture. Although he is currently being held at a military hospital, he is
allegedly being denied the medical treatment he was prescribed following his
first suicide attempt. The report further noted that, last week, Second
Sergeant Luis Armando Monsalve Estaba, who had allegedly been charged with
watching beneficiaries, committed suicide, reportedly to escape the torture
he was being subjected to himself.
The Commission has granted several precautionary measures in favor of
detainees held at the DGCM’s headquarters, including Santiago José Guevara
García, Luis Alejandro Mogollón Martínez, Igbert José Marín Chaparro, Luis
Alexander Bandres Figueroa, Oswaldo García Palomo and others, Luis Humberto
de la Sotta Quiroga and Juan Carlos Caguaripano. Further, on March 21, 2019,
the IACHR granted precautionary measures in favor of all detainees at those
facilities. The Commission recently had access to the requesting party’s
first-hand reports concerning those precautionary-measure beneficiaries, in
the context of public hearings held during its 172nd Period of Sessions in
Kingston, Jamaica, on May 3-10, 2019. In this context, the Commission warns
that the State of Venezuela failed not only to take part in those hearings,
but also to submit a response after those precautionary measures were
granted. That means there is no information available on the actions that
may have been taken to protect beneficiaries’ rights, which is particularly
worrying considering that the State has a special responsibility to protect
persons deprived of their liberty.
The Commission condemns such practices and urges the State to comply with its obligation to reasonably implement the precautionary measures that have been granted. In particular, in keeping with PM-178-19, the State must take the following action: a) It must take any measures necessary to protect the rights to life, personal integrity and health of persons deprived of their liberty at the DGCM. In particular, the State must ensure that its officers respect beneficiaries’ rights in accordance with the standards of international human rights law and refrain from perpetrating any form of torture and other cruel, inhuman or degrading treatment. And it must also enable access to adequate medical treatment for any persons deprived of their liberty who may require such treatment based on their health condition, in accordance with the applicable international standards. b) The State must ensure that beneficiaries’ conditions of detention meet the applicable international standards. c) The State must facilitate beneficiaries’ access to their legal counsel and grant them family visits in accordance with the applicable international standards. d) The State must investigate the allegations that prompted this resolution, in order to prevent those alleged events from happening again in the future.
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. 125/19