The UN mission in Venezuela concluded that the justice of the Maduro regime facilitated the persecution and torture of opponents

the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela presented a hard report to the United Nations Human Rights Council.

In its most excellent conclusions, it emphasizes that the State (the regime of Nicholas Maduro) “it has not taken tangible, concrete and progressive measures to remedy human rights violations”.

“The justice system has played a significant role in the state repression of opponents of the government rather than providing protection to victims of human rights violations and crimes.”, He indicated.

In its second report, the mission detailed “how the shortcomings of the justice system have gone hand in hand with a pattern of serious human rights violations and crimes under international law in the context of a state policy to silence, discourage and stifle opposition to government since 2014. “

“In the midst of Venezuela’s deep human rights crisis, the independence of the judiciary has been profoundly eroded“Which has jeopardized its role in administering justice and safeguarding individual rights,” he said. Marta Valiñas, President of the mission, mentioned in a statement.

The mission was created by the UN Human Rights Council in 2019 to investigate human rights violations against opponents of which the Maduro regime is accused.

“According to our latest research there is reasonable reason to believe that due to political pressure that was intensifying, Judges and prosecutors have played, through their acts and omissions, an important role in serious human rights violations and crimes committed by various state actors in Venezuela“Valiñas said in the statement.

The Mission has indicated that it performed “177 interviews“Many of them with actors in the justice system, as well as in a survey of former judges, prosecutors and Venezuelan defense lawyers.”

He also made a “extensive analysis of thousands of pages of court records and other official documents“, And of”183 arrests of real or perceived opponents of government“Between 2014 and August 2021, and documented”the irregularities that cloud all stages of the criminal process”.

Venezuela, ruled by Maduro since 2013, lives a social and economic disaster that, according to the latest UN update, has forced the exit of 6 million people from the country in recent years.

With the mediation of Norway, the Maduro regime and the opposition led by Joan Guaidó, recognized as president in charge of half a hundred countries, began a process of political negotiation in Mexico in August to get Venezuela out of the crisis. .

Summary of the report

The report focuses on the Venezuelan justice system. “This includes issues related to independence, its role in investigating and prosecuting government opponents, both real and perceived, and its role in perpetuating impunity for human rights violations and crimes. committed against them, “the writ said Thursday.

And he clarifies: “The Mission continues to examine cases of extrajudicial executions, enforced disappearances, arbitrary detentions and torture and cruel, inhuman and degrading treatment, including sexual and gender-based violence, which are taking place in other contexts in the country, and will report on these during the course of his extended term “.

Its most important points:

– The capacity of the justice system to protect human rights and prevent state crimes perpetrated against sections of the Venezuelan population began to erode prior to the mandate given to the Mission, which begins in 2014. However , Since then, the Government has taken advantage of a system that had already been put in place and has continued to build on its basis.

– The selection and discipline of judges and prosecutors outside the requirements established by the 1999 Constitution and subsequent laws, and, in particular, the appointment of provisional judges and prosecutors and their dismissal outside the proceedings formal have been especially detrimental to the independence of the justice system.

– The Mission has reasonable grounds to believe that in the cases analyzed the judges, prosecutors and prosecutors instead of having guaranteed, they have denied the enjoyment of rights to people opposed to Government, real or perceived, For having suffered interference from within the hierarchy of the Judiciary or the Public Ministry. Irregularities are especially prevalent in cases brought before courts and tribunals with specialized jurisdiction in matters of terrorism.

– The Mission has reasonable grounds to believe that the judges, prosecutors and prosecutors have disregarded their obligation to protect opponents or opponents of the Government, real or presumed, against arbitrary arrests and arrests made without a court order justifying them often under the figure of flagrante delicto against what would have arisen from the facts.

– The issuance of pre-trial detention orders was routinely and not as an exceptional measure, without providing sufficient or adequate justification.. Detention was sometimes ordered at SEBIN or DGCIM facilities even though there was a risk of torture, and even when detainees presented compatible signs in the courtroom. with torture.

– The Mission has reasonable grounds to believe that judges, prosecutors and prosecutors they have played a key role in arbitrary arrests. They have founded arrest warrants and pre-trial detention and charges on facts and evidence that did not involve criminal acts or on the basis of which the person’s participation could not be individualized. In some cases, arrests and charges were supported by evidence manipulated, fabricated, or obtained through torture or coercion.

– Frequent procedural delays beyond the time limits established by law have led, as a harmful effect, to the prolongation of pre-trial detention and other precautionary measures with devastating effects on the lives of suspects, including their physical health and mental health and that of their families.

– The Mission has reasonable grounds to believe that actors in the justice system they have also deprived detainees of their right to legal representation, Refusing to authorize the designation of a private defense and insisting instead that they be represented by a public defense. Those exercising legal representation have been denied access to crucial court documents.

– Generally, the state has not taken tangible, concrete and progressive measures to remedy human rights violations, combat impunity and redress victims through domestic investigations and prosecutions. Official information is scarce, but all available evidence suggests that the number of national trials for crimes related to human rights violations is low and limited to low-ranking participants.

– The Mission acknowledges some recent developments announced by the Government, including the following: on 12 May 2021, it was ordered to transfer detainees in the custody of the DGCIM and SEBIN to the detention centers of the Ministry of Penitentiary Services. On April 29, 2021 the Supreme Court adopted an Acceleration Plan to expedite the judicial processes of persons detained in police stations. On June 21, 2021, the formation of a special commission was announced to address procedural delays and overcrowding in prisons. More time is needed to evaluate the implementation of the announced measures.

– The Mission has reasonable grounds to believe that, if the fiscal and judicial actors had adequately and completely performed their constitutional function they could have avoided committing many of these crimes and rapes or at least they could have put strict obstacles in the way of hindering the ability of members of the state’s public security and intelligence services to commit them.

– The Mission has reasonable grounds to believe that the justice system has played a significant role in the state repression of opponents of the government instead of providing protection to victims of human rights violations and crimes. The effects of the deterioration of the rule of law are spreading beyond those directly affected, they affect the whole of society.

– The detailed conclusions contain 45 recommendations, of urgent action, addressed to the Supreme Court of Justice, to the criminal judges, to the Public Ministry, to the Military Prosecutor’s Office, to the Ombudsman, to the National Assembly and the Executive Branch.

The full text

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