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Background

FACT SHEET: Process to Analyze the Possible Commission of Crimes Against Humanity in Venezuela

Background:

In his third report on the situation in Venezuela, published on July 19, 2017, the Secretary General of the Organization of American States, stated that there was “evidence that points to the systematic, tactical and strategic use of murder, imprisonment, torture, rape and other forms of sexual violence, as tools to terrorize the Venezuelan people…” which could constitute crimes against humanity and should be brought to the attention of the International Criminal Court for further consideration.

Venezuela is a State Party to the Rome Statute, and the International Criminal Court has jurisdiction over any crimes committed in the territory of Venezuela or by Venezuelan nationals since July 1, 2002.

Crimes against Humanity are defined in Article 7 of the Rome Statute as specific crimes committed as part of a widespread or systematic attack directed against a civilian population with knowledge of the attack.

In April 2011, the International Criminal Court and the General Secretariat of the Organization of American States signed an exchange of letters establishing a Framework Cooperation Agreement focused on the promotion and dissemination of shared principles and values, as well as the exchange of information and documents on matters of common interest.

The process of examining the possible commission of crimes against humanity in Venezuela was explicitly designed to support the existing cooperation agreements between the General Secretariat of the OAS and the ICC and is conducted under the authority of the OAS Secretary General.

Investigation:

As a follow-up to the Secretary General’s July, 2017 report, the General Secretariat of the OAS was tasked with monitoring developments in Venezuela and compiling information for the Panel of Experts whose recommendations would eventually assist the Prosecutor of the International Criminal Court to determine whether to initiate an investigation of the situation in Venezuela.

The process also sought to facilitate, through an impartial and independent manner, the compilation of evidence that provides a reasonable basis for knowing whether crimes against humanity have been committed in Venezuela, the identification of their possible perpetrators, the existence of national investigation procedures, and other elements required under the Rome Statute.

On September 14, 2017, the OAS Secretary General appointed Panel of Independent International Experts to analyze whether there is a reasonable basis for believing that crimes against humanity may have been committed in Venezuela, and to assess whether the situation should be submitted to the Prosecutor of the International Criminal Court (ICC) for consideration.

The three jurists are:
• Manuel Ventura Robles of Costa Rica, former Judge of the Inter-American Court of Human Rights;
• Dr. Santiago Canton, of Argentina, Secretary of Human Rights of the Province of Buenos Aires, and previously Executive Secretary of the Inter-American Commission on Human Rights; and,
• Professor Irwin Cotler of Canada, President of the Center for Human Rights Raul Wallenberg, and previously Minister of Justice and Attorney General of Canada.

Article 15 of the Rome Statute stipulates that to identify crimes within the jurisdiction of the International Criminal Court, the Prosecutor shall initiate a preliminary investigation on the basis of information received.

On February 8, 2018, Fatou Bensouda, Prosecutor of the International Criminal Court, announced that the ICC had opened a preliminary examination into the situation in Venezuela.

The process initiated by the General Secretariat of the OAS allows it to engage with victims of the situation that is taking place in Venezuela. The Secretariat has a regional mandate to focus on promoting and defending democracy, human rights and development as well as maintaining peace and security.

Assessment Process:

In September, October, and November 2017, three rounds of public hearings were held at OAS headquarters to consider whether the situation in Venezuela meets the requirements of Article 53.1.a through 53.1.c of the Rome Statute for initiation of an investigation by the International Criminal Court.

The following matters were discussed at the hearings:
• Unlawful imprisonment and the severe deprivation of physical liberty, including enforced disappearances, indicative of a pattern that demonstrates that they were committed as part of a widespread or systematic attack directed against a civilian population.
• The use of torture, rape, and other forms of sexual violence indicative of a pattern that they were committed as part of a widespread or systematic attack directed against a civilian population.
• Murders indicative of a pattern that they were committed as part of a widespread or systematic attack directed against a civilian population.
• The widespread and systematic persecution of the civilian population through the use of threats, intimidation, the politicization of justice, the closing of the political participation process, and the deprivation of fundamental freedoms and rights of their citizens.
• The weaponization of the humanitarian crisis, targeting the citizens who are members of the opposition or perceived to be as such.
• Evidence of the absence of justice and the lack of independence of the Venezuelan judiciary, highlighting the lack of genuine judicial investigations of the perpetrators identified.

The first hearings were held September 14 and 15, 2017 at OAS headquarters in Washington, DC; on Thursday the 14th with representatives of Venezuelan civil society, and on Friday, 15th with members of the Venezuelan armed forces.

The second hearings were held on October 16 and 17, 2017; on Monday the 16th with individuals speaking on Venezuela’s judicial system and the humanitarian crisis and on Tuesday the 17th with Venezuelan politicians representing both the national and municipal levels of government.

The third hearings were held on November 16, 2017. The individuals who testified were representing the family members of victims, members of the political opposition from both the municipal and national level, as well as formers members of the judiciary.

The Report:

The information obtained through the public hearings and by the process conducted by the General Secretariat of the OAS will be received and reviewed by the Panel of Independent International Experts.

The report of the Panel of Independent International Experts on the Possible Commission of Crimes Against Humanity in Venezuela, making a recommendation to the Secretary General of the OAS will be released on Tuesday, May 29, 2018.
The Panel will deliver the report to the Secretary General in a private meeting earlier that day.

Reference: S-021/18