Media Center

Background

OFFICE OF THE SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION CONCERNED OVER THE PASSAGE OF BILL ON THE PARTIAL REFORM OF THE CRIMINAL CODE OF VENEZUELA

Washington DC, March 28, 2005. The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) expresses its concern over the passage of the Bill on the Partial Reform of the Criminal Code by the Legislative Assembly of Venezuela. The new legislation not only maintains the provision on desacato but it extends its protection to other public officials. Article 148 of the previous Criminal Code included the President of the Republic and Article 149 of the Criminal Code included the Vice-president of the Executive, the Judges of the Supreme Court of Justice, the Cabinet Ministers, the state Governors and the Metropolitan Mayor. The modified legislation adds the deputies of the National Assembly, the principals of the National Electoral Council, the members of the High Military Command, the Human Rights Ombudsman (Defensor del Pueblo), the Attorney General, the Public Prosecutor General (Fiscal General), and the Republic Treasury Inspector (Contralor General de la República).

Principle 11 of the Declaration of Principles on Freedom of Expression approved by the IACHR in October 2000, states: “Public officials are subject to greater scrutiny by society. Laws that penalize offensive expressions directed at public officials, generally known as desacato laws, restrict freedom of expression and the right to information.” This principle is in agreement with the conclusions of the IACHR on the compatibility of desacato laws with the American Convention on Human Rights expressed in a report written in 1995 (see OEA/Ser. L/V/II.88, doc. 9 rev., February 17, 1995). In summary, the following arguments were made: a) Desacato laws provide greater protection to government officials than to private citizens, in direct violation of the fundamental principle of a democratic system that subjects the government to controls, such as public scrutiny, to prevent and control abuses of its coercive powers; and b) desacato laws act as a deterrent to criticism, because of people’s fear of law suits or monetary sanctions.

The Special Rapporteur for Freedom of Expression, Eduardo Bertoni, recalls that in the report on the situation of human rights in Venezuela (see OEA/Ser.L/V/II.118, doc. 4 rev. 2, December 29, 2003), the IACHR recommended that Venezuela work “for the repeal of laws that contain desacato provisions; such precepts curtail public debate, which is an essential element in a functioning democracy, and are also in breach of the American Convention on Human Rights.”

The Special Rapporteur for Freedom of Expression will continue to analyze the partial reform of the criminal code of the Bolivarian Republic of Venezuela, especially in the issues related to its mandate.

Reference: PREN-118-E