IACHR

Press Release

IACHR to Draft Country Report on Human Rights Situation in Venezuela

September 5, 2017

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Mexico City - The Inter-American Commission on Human Rights (IACHR) announces that following a comprehensive evaluation of the general human rights situation in Venezuela and the grave political and social crisis there, and based on a request from civil society, it has decided to prepare a third report on the human rights situation in Venezuela, with an emphasis on the following areas: a) democratic institutions; b) violence and citizen security; c) freedom of expression; and d) impact on economic, social, and cultural rights (ESCR).

In 2003, the IACHR published the Report on the Situation of Human Rights in Venezuela after an in loco visit to the country in 2002. Then in 2009, it published the second report on human rights situation in Venezuela, Democracy and Human Rights in Venezuela. Since then, the Commission has continued to monitor the deterioration of the human rights situation in Venezuela closely through the mechanisms available to it, including granting precautionary measures, requesting information from the State, issuing press releases, and including the country in Chapter IV(B) of the annual report.

The IACHR has expressed deep concerned over Venezuela’s denunciation of the American Convention on Human Rights, which took effect on September 10, 2013. However, as a member State of the OAS, Venezuela is still under the jurisdiction of the Commission and subject to the obligations contained in the OAS Charter and the American Declaration, which it signed in 1948. In this sense, Venezuela’s denunciation of the American Convention does not affect the Inter-American Commission’s competence to weigh matters involving Venezuela. Likewise, any human rights violations that took place prior to the denunciation taking effect can be heard by the Inter-American Court of Human Rights, in accordance with Article 78(2) of the American Convention. The IACHR has continued to receive, process, and decide on petitions and cases regarding the State of Venezuela. So far in 2017, 43 petitions have been received and are in the preliminary examination stage. There are also 58 petitions in the admissibility stage and 19 cases in the merits stage. Also, a case was submitted before the Court this year on subsequent liability on an issue of freedom of expression in a matter of public interest. Two cases are also awaiting judgment, including a case on violations of the right to participate in government (San Miguel Sosa et al.), freedom of expression, and equal protection to the detriment of four individuals who signed for a recall referendum in 2004. A hearing is also set to be held on a case of violence against women (the case of Linda Loaiza Lopez Soto). Provisional measures are also in effect for a number of penitentiaries.

The IACHR reiterates that it has asked for the State to consent to an in loco visit several time, which the Venezuelan State has not granted. Therefore, to prepare the aforementioned report and in light of the lack of consent, the IACHR will base its analysis on its monitoring of the overall human rights situation conducted throughout 2017 using information collected during hearings that included the active participation of the State; on information available from other public sources; on its precautionary measures mechanism; on the petitions and cases system; and on the responses provided by the State to IACHR requests for information on a number of human rights issues under the authority established in Article 18 of its Rules of Procedure. Likewise, on August 16, the IACHR requested information from both the State and civil society organizations for preparing this report with a three-week deadline for the submission of information. The IACHR, once again exhorts the State to consent to an on-site visit to Venezuela.

Hereinafter, the IACHR provides the international community with a list of the actions it has taken during 2017 regarding the human rights situation in Venezuela and the crisis it faces.

Actions taken by the IACHR during 2017 regarding Venezuela:

On January 14, 2017, through Resolution No. 1/17, the IACHR granted precautionary measures to the benefit of David Smolansky, Freddy Guevara, Ismael León, and Juan Pablo López Gross, members of the Voluntad Popular party; Theresly Malavé, a human rights defender; and Alexander Tirado, Raúl Emilio Baduel, Ángel Contreras, Yon Goicoechea, and Delson Guárate, who were arrested and held in the 26 de Julio jail and the Helicoide, in Venezuela.

On January 20, 2017, through Resolution No. 2/17, the IACHR granted precautionary measures for Lorenzo Mendoza and his family, in Venezuela. The request for precautionary measures alleges that Lorenzo Mendoza and his family are at risk due to alleged statements and acts of harassment presumably carried out by senior State officials and third parties.

On February 15, through press release No. 13/17, the IACHR valued Venezuela’s recognition of responsibility before the Inter-American Court of Human Rights in the case of Johan Alexis Ortiz Hernández.

On February 17, 2017, the Office of the Special Rapporteur for Freedom of Expression of IACHR issued press release No. R16/17 condemning actions to censor and intimidate international media outlets and journalists.

In the framework of the 161st Period of Sessions, held in the IACHR headquarters on March 15-22, 2017, the IACHR held three public hearings on Venezuela which included the participation of State authorities and civil society representatives from Venezuela to address: i) the right to truth and the report from the Truth and Justice Commission of Venezuela; ii) reports of political persecution in Venezuela; and iii) access to justice in Venezuela Report on the 161th Period of Sessions of the IACHR.

On March 31, 2017, through press release No. 41/17, the Inter-American Commission condemned the rulings handed down in March 28 and 29, 2017 by the Supreme Court in Venezuela and the alteration of the constitutional and democratic order in Venezuela. The IACHR stated that those rulings constitute “a usurpation of legislative functions by the judicial and executive branches, and a de facto nullification of the popular vote by which the National Assembly deputies were elected.” The IACHR urged the Venezuelan government to respect the separation of powers, the principle of popular representation and the scope that the constitution confers on each body, an indispensable guarantee of a democratic regime and the rule of law.

On April 4, 2017, the IACHR issued a new press release No. 43/17, through which it welcomed measures to provide protection to Venezuelan migrants in Peru and called on States in the region to implement measures for their protection. This press release reinforced the recommendations made by the IACHR in press release No. 6/17, on January 25, 2017, in which the Commission expressed its concern over the increasing number of Venezuelans who have been forced to migrate to other countries in the region due to the serious political and social crisis generated by shortages of food, medicine, and medical treatment—and called on States in the region to implement measures to protect them.

On April 7, 2017, the IACHR decided to request the State of Venezuela to adopt precautionary measures (PM 616/16), through Resolution No. 12/17, to guarantee the life and personal integrity of Congressman Luis Florido, and to ensure that he can exercise his political rights as a member of the National Assembly without being subject to threats, harassment or acts of violence.

On April 10, 2017, the Inter-American Commission sent a note to State in which it requested its consent to carry out a visit for on-site observation to the country (annex 1)

On April 11, 2017, through press release No. 44/17, the Commission urged the Venezuelan State to respect and guarantee the necessary conditions for the exercise of political rights, freedom of expression and the right of peaceful assembly of those protesting in the country – and made a series of recommendations to the State on the matter.

On April 19, 2017, based on Article 18 of its Statute, the Inter-American Commission sent a letter to the Venezuelan State, requesting detailed information on the rulings issued on March 28 and 29, 2017 by the Supreme Court of Justice of Venezuela and on allegations of excessive use of police force in the context of the protests taking place in the country.

On April 19, 2017, the IACHR issued a new press release No. 48/17, in which it expressed its alarm at the militarization and call to arm 500,000 civilian militias in the context of the protests taking place in Venezuela. The IACHR noted that this “deployment of military forces and armed civilian militias ordered by the executive branch represents a serious threat to the standards regarding citizen security and the protection of human rights.”

On April 26, 2017, the Office of the Special Rapporteur for Freedom of Expression of the IACHR issued a joint press release No. R 51/17 with the UN Special Rapporteur for Freedom of Opinion and Expression, through which they condemned the practice of censorship and internet blocking in Venezuela, as well as the detention, attacks and stigmatization of journalists and media workers covering the recent protests in the country.

Faced with the rise in deaths, injuries and mass detentions of protesters in Venezuela, on May 9, 2017, the IACHR issued a new press release No. 58/17 in which it deplored the repressive measures taken by the Venezuelan authorities in response to the wave of protests that began in March in the country – and called on the State to cease these measures and to effectively comply with its international human rights obligations. In that press release, and faced with the issuance of Decree 2830, by which President Nicolás Maduro intended to convene a National Constituent Assembly, the IACHR condemned “any attempt by the Venezuelan authorities to prevent the holding of elections and to suppress citizens' right to vote.” In particular, it stated that “the arbitrary restriction of political rights and the closure of democratic spaces cannot be the answer to the demands of society; on the contrary, it is a sign of the inability to respond to the demands in democratic terms, which only increases social and political conflicts.” Likewise, the Commission deeply deplored President Nicolás Maduro’s decision—unprecedented in the inter-American system—seeking to denounce the Charter of the Organization of American States (OAS) and thereby nullify the protection the hemispheric human rights system affords to the people of Venezuela.

On May 26, 2017, the IACHR issued a new press release No. 68/17, through which it expressed its deep concern regarding worsening violence in Venezuela and the use of military courts to prosecute civilians. In particular, the Inter-American Commission called to mind that the use of the military criminal jurisdiction to prosecute civilians entails a violation of a series of rights, such as the right to a natural judge, and vitiates judicial guarantees across the entire process, which has serious consequences to the effectiveness of the rule of law. The IACHR urgently and emphatically called on the State of Venezuela to cease the prosecution of civilians in military courts.

On June 2, 2017, the IACHR decided to request the State of Venezuela to adopt precautionary measures (PM 248/17) through Resolution No. 15/17 to guarantee the life, personal integrity and political rights of Mr. Henrique Capriles Radonski, without being subject to threats, harassment or acts of violence.

On June 27, 2017, through a new press release No. 84/17, the Inter-American Commission strongly condemned the operations carried out in recent days in Venezuela by State security forces, primarily military, which has left dozens of people dead, hundreds injured, and thousands arrested. The IACHR again made an imperative call to the Venezuelan authorities to fulfill their human rights obligations and immediately cease the repressive measures adopted in previous weeks. The Commission was dismayed by the serious events that had been reported and expressed it would continue to closely follow the situation.

Based on the powers established in Article 18 of its Statute, the IACHR sent a letter to the Venezuelan State on June 28, 2017 requesting information on the convocation by President Nicolás Maduro of a National Constituent Assembly through Decree No. 2830. The State submitted its response on July 7, 2017.

In the context of the 163 Extraordinary Period of Sessions held in Lima, from July 3 to 7, 2017, the IACHR held three public hearings on Venezuela involving State authorities and representatives of organized civil society in that country, namely: I) Impact of the Political and Economic Crisis on Children in Venezuela; Ii) The Right to Free Legal Aid as Part of the Judicial Guarantees in Venezuela; And (iii) The Right to Freedom of Expression and Democracy in Venezuela. At that Period of Sessions, the IACHR also held a private hearing on allegations of human rights violations in Venezuela and working meetings on precautionary measures granted to members of the Voluntad Popular party (PM 475/15) through Resolution No. 1/17 and to journalist Braulio Jatar (PM 750/16) through Resolution No. 67/2016.

On July 10, 2017, the IACHR issued press release No. 93/17, through which it condemned the serious acts of violence that took place July 5 at the Federal Legislative Palace, headquarters of the National Assembly, in the context of events to commemorate the 206th anniversary of the signing of the Bolivarian Republic of Venezuela’s Declaration of Independence. The Commission urged the Venezuelan State “to comply with its international human rights obligations and reiterates the need to seek a democratic solution to the crisis and to respect and guarantee that the branches of government can function independently, in order to reestablish peace for the people of Venezuela.”

On that same day, the IACHR issued press release No. 94/17 in which it welcomed the State of Venezuela’s compliance with the precautionary measures granted by the IACHR to protect the life and personal integrity of political leader Leopoldo López and journalist Braulio Jatar. The IACHR said it believed that the granting of house arrest to Leopoldo López provided an opportunity for national reconciliation and for a democratic solution to the country’s crisis.

On July 28, 2017, the Inter-American Commission granted a precautionary measure through Resolution No. 24/17 for Deputy Julio Borges, President of the Venezuelan National Assembly, and Deputies Tomás Guanipa and José Guerra, in Venezuela, and requested the State of Venezuela to adopt necessary measures to guarantee the life and personal integrity of the beneficiaries, and ensure that they can exercise their political rights without being subject to threats, harassment or acts of violence.

On July 29, 2017, the Office of the Special Rapporteur for Freedom of Expression of the IACHR issued press release No. R109/17 in which it condemned the new measures taken by the Government of Venezuela to prevent the exercise of the right to freedom of expression, freedom of the press, and to prohibit the exercise of the right to protest and peaceful assembly in the context of the electoral process convened on July 30, 2017 for the National Constituent Assembly. The Office of the Special Rapporteur urgently called on the Venezuelan State to discontinue these measures and to adjust its action to international human rights standards.

On August 1, 2017, the Inter-American Commission issued two press releases. In the first one No. 111/17 it expressed its strong condemnation over the deaths and acts of violence that took place in Venezuela during the election held on July 30, 2017, for the National Constituent Assembly. In the second one No. 112/17, it strongly condemned the operations carried out early Tuesday, August 1, 2017, by members of the Bolivarian Intelligence Service (SEBIN) in Venezuela to remove opposition leader Leopoldo López and Caracas Mayor Antonio Ledezma from their homes and put them back in prison.

On August 3, 2017, the Inter-American Commission granted precautionary measures to the Attorney General of Venezuela, Luisa Ortega Díaz, and her immediate family, asking the Venezuelan State to adopt the measures necessary to guarantee the life and personal integrity of the beneficiary and her immediate family and ensure that she could perform her duties as Attorney General without being threatened, harassed, or subject to acts of violence.In making this decision, the Commission pointed to the role and visibility that Attorney General Ortega had in denouncing human rights violations and alleged violations of the law and the constitution that would result from the processes involved in the Constituent Assembly.

On August 31, 2017, the IACHR issued press release No. 131/17, expressing its deep concerned about the further weakening of Separation and independence of Powers and undermining of democratic institutions in Venezuela. Particularly, the IACHR expressed its deep concern regarding the acts of the recently constituted National Constituent Assembly (ANC) in Venezuela that exceed the powers of a constituent body and usurp the powers of the National Assembly which affects the separation of powers and a representative democracy.

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 defense of 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. 134/17