IACHR Grants Precautionary Measures in Favor of Navy Officer Carlos Macsotay Rauseo, Deprived of Liberty in Venezuela

May 22, 2023

Related links

Contact info

IACHR Press Office

[email protected]

Distribution List

Subscribe to our distribution list

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 28/2023 on May 16, 2023, to grant precautionary measures in favor of Carlos Gustavo Macsotay Rauseo in Venezuela, in the belief that he faces a serious, urgent risk of suffering irreparable harm to his rights.

According to the party who requested these precautionary measures, the beneficiary is a lieutenant commander in the Venezuelan Navy and is currently deprived of liberty at the National Center for Military Suspects (CENAPROMIL, also known as the "Ramo Verde" facility). He is allegedly not getting the medical care he needs, and his health is being seriously compromised by the consequences of the physical violence he has been subjected to while in detention. The request for these precautionary measures noted that the proposed beneficiary needed a biopsy that had not been carried out, despite several requests and several complaints filed before various national institutions. The situation is allegedly being made worse by the beneficiary's conditions of detention and by the threats and ill-treatment he is allegedly being subjected to by prison officers after being singled out as a "traitor" in Venezuela. The Commission requested information from the State but did not receive an answer, and all the relevant deadlines have passed.

After assessing the legal and factual allegations made by the party who requested these precautionary measures, the IACHR considered that Carlos Gustavo Macsotay Rauseo is at risk. His current situation allegedly persists since he was arrested in 2018 and may still get worse. Consequently, in keeping with Article 25 of its Rules of Procedure, the IACHR asked the State of Venezuela to take the following action:

  1. Adopt any measures necessary to protect Carlos Gustavo Macsotay Rauseo's rights to life, personal integrity, and health (in particular, ensuring that he has access to medical treatment as prescribed by the relevant doctors and ordering a medical examination to assess the beneficiary's current health status, with the resulting report)
  2. Adopt any measures necessary to ensure that the beneficiary's conditions of detention reflect the applicable international standards
  3. Come to an agreement with the beneficiary and his representatives concerning any measures that need to be taken
  4. Report on any actions adopted to investigate the alleged events that gave rise to the adoption of these precautionary measures, in order to prevent such events from happening again in the future

The fact that these precautionary measures have been granted and their adoption by the State do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the American Convention on Human Rights and other applicable instruments.

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. 089/23

6:29 PM