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{{Short description|none}} |
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{{update|date=November 2019}} |
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{{Politics of Venezuela}} |
{{Politics of Venezuela}} |
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{{update|date=October 2014}} |
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The 2008 Economist Intelligence Unit [[Democracy Index]] rated Venezuela as a "Hybrid Regime", and as the least democratic state in South America.<ref name=ECON2008>[http://a330.g.akamai.net/7/330/25828/20081021185552/graphics.eiu.com/PDF/Democracy%20Index%202008.pdf The Economist Intelligence Unit's Index of Democracy 2008]</ref> Some human rights organizations have expressed concern about attacks against journalists, harassment of human rights defenders and poor prison conditions.<ref>[http://www.amnesty.org/en/region/venezuela/report-2009 Venezuela | Amnesty International]</ref><ref>[http://www.cidh.oas.org/annualrep/2008eng/Chap4.f.eng.htm IACHR Annual Report 2008]</ref><ref>[http://www.hrw.org/en/news/2008/09/19/venezuela-human-rights-watch-delegation-expelled Venezuela: Human Rights Watch Delegation Expelled | Human Rights Watch]</ref> |
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The record of '''human rights in Venezuela''' has been criticized by [[human rights]] organizations such as [[Human Rights Watch]] and [[Amnesty International]]. Concerns include attacks against journalists, political persecution, harassment of human rights defenders, poor prison conditions, torture, extrajudicial executions by death squads, and [[forced disappearance]]s.<ref>{{Cite web|url=https://www.amnesty.org/en/countries/|title=Countries|website=www.amnesty.org|language=en|access-date=2019-07-10}}</ref><ref>{{Cite web|url=http://www.cidh.oas.org/annualrep/2008eng/Chap4.f.eng.htm|title=IACHR Annual Report 2008 - Chapter IV|website=www.cidh.oas.org|access-date=2019-07-10}}</ref><ref>{{Cite web|url=https://www.hrw.org/news/2008/09/19/venezuela-human-rights-watch-delegation-expelled|title=Venezuela: Human Rights Watch Delegation Expelled|date=2008-09-19|website=Human Rights Watch|language=en|access-date=2019-07-10}}</ref> |
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==Legal framework== |
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Soon after President Chávez was first elected, a [[Venezuelan constitutional referendum, April 1999|national referendum was called in April 1999]] in which 92% of voters favored drafting a new constitution. The constitution was drafted by an elected assembly with the participation of diverse citizens' groups, and was voted on later that year in [[Venezuelan constitutional referendum, December 1999|another national referendum]] and approved with 71.8% support among voters. The new [[constitution of Venezuela]] sought to secure a wider range of human rights, such as [[Constitution of Venezuela#Health care as a human right|health care as a human right]].<ref name=feo>Feo, Oscar. 2008. Neoliberal Policies and their Impact on Public Health Education: Observations on the Venezuelan Experience. ''Social Medicine'' 3 (4):223-231.</ref> It also created an Office of the Public Defender, which includes the Human Rights Ombudsman's Office. Of the 350 articles in the 1999 constitution, 116 are dedicated to duties, human rights, and guarantees, including a chapter on the rights of indigenous peoples.<ref name=cp/> |
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According to the Human Rights Watch report of 2017, under the leadership of President [[Hugo Chávez]] and now President [[Nicolás Maduro]], the accumulation of power in the executive branch and erosion of human rights guarantees have enabled the government to intimidate, persecute, and even criminally prosecute its critics.<ref name="Venezuela Events of 2016">{{Cite web|url=https://www.hrw.org/world-report/2017/country-chapters/venezuela|title=World Report 2017: Rights Trends in Venezuela|date=2017-01-12|website=Human Rights Watch|language=en|access-date=2019-07-10}}</ref> The report added that other persistent concerns include poor prison conditions, impunity for [[human rights violations]], and continuous harassment by government officials of human rights defenders and [[independent media]] outlets.<ref name="Venezuela Events of 2016"/> The report continues that in 2016, the Bolivarian National Intelligence Service ([[Bolivarian Intelligence Service|SEBIN]]) detained dozens of people on allegations of planning, promoting, or participating in violent anti-government actions, including some that were, in fact, peaceful protests. Many say they have been [[torture]]d or otherwise abused in custody, or that they were unable to see their families or lawyers for hours, occasionally days, after an arrest. In several cases, prosecutors failed to present any credible evidence linking the accused to crimes. In some, the evidence included possession of political materials, including pamphlets calling for the release of [[political prisoner]]s.<ref name="Venezuela Events of 2016"/> According to the Amnesty International report from 2016/2017 human rights defenders continued to be targeted with attacks and intimidation by [[state media]] and high-ranking government officials.<ref>{{Cite web|url=https://www.amnesty.org/en/countries/americas/venezuela/report-venezuela/|title=Venezuela 2017/2018|website=www.amnesty.org|language=en|access-date=2019-07-10}}</ref> |
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The 1961 constitution of Venezuela was far weaker on the issue of [[human rights]]. Venezuela ratified the [[American Convention on Human Rights]] in 1977.{{Unreliable source?|date=February 2010}}<ref name=VA120509/> This makes it part of the jurisdiction of the [[Inter-American Court of Human Rights]]. Between 1977 and 1998, described as "a time period marked by many human rights crimes including the murder, disappearance, and torture of leftist political dissidents", the [[Inter-American Commission on Human Rights]] (IACHR) brought six cases against Venezuela.<ref name=VA120509/> Between 1998 and 2009 the IACHR brought around 150 cases.{{Unreliable source?|date=January 2010}}<ref name=VA120509/> |
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Since 2014, the enduring [[crisis in Venezuela]] has resulted in [[hyperinflation]], an economic depression, shortages of basic goods, and drastic increases in unemployment, poverty, disease, child mortality, malnutrition, and crime. According to the Amnesty International, the crisis in Venezuela has reached a “breaking point”, with 75% of citizens suffering from weight loss due to shortage of food. According to the [[International Monetary Fund]], the unemployment rate has reached 34.3%.<ref>{{Cite web|url=https://www.imf.org/external/datamapper/LUR@WEO/OEMDC/ADVEC/WEOWORLD|title=Unemployment rate|website=www.imf.org|access-date=2019-07-10}}</ref> |
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In 2006, [[Economist Intelligence Unit]] rated Venezuela as a "[[hybrid regime]]" with an index of 5.42 out of 10. The country was ranked 93 out of 167 countries, and the third-least democratic in [[Latin America]] after [[Cuba]] and [[Haiti]].<ref>[https://www.economist.com/media/pdf/DEMOCRACY_INDEX_2007_v3.pdf Democracy Index 2007]</ref> In the 2012 report, the country's index had deteriorated to 5.15 and its ranking to 95 out of 167.<ref>{{Cite web|url=https://www.eiu.com/public/topical_report.aspx?campaignid=DemocracyIndex12|title=Democracy Index 2012|website=www.eiu.com|access-date=2019-07-10}}</ref> |
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During the presidency of Nicolás Maduro, the country's democracy has deteriorated further, with the 2017 report downgrading Venezuela from a hybrid regime to an [[authoritarianism|authoritarian regime]], the lowest category, with an index of 3.87 (the second lowest in Latin America), reflecting "Venezuela’s continued slide towards dictatorship as the government has side-lined the opposition-dominated National Assembly, jailed or disenfranchised leading opposition politicians and violently suppressed opposition protests."<ref>[http://pages.eiu.com/rs/753-RIQ-438/images/Democracy_Index_2017.pdf?mkt_tok=eyJpIjoiWkRKbU1HWmxNVEUwTW1FdyIsInQiOiJPdlltVFV0blFRQzZNVERCZHhVeitZRElmUGplOHh3NWs1d2wzVzdRS1JvNU1kVmUxQVRESU9LbEVSOVwvR1F4aG1PV1NlS0ZZcng4NzBcLzVNZ09JOUxiZU5TTEVPekVHayttOTRqQkQ5TkNzWGN08RlowQTZ0UzlUK0pDdm9PVGlcLyJ9 Democracy Index 2017]</ref> |
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The Human Rights Measurement Initiative<ref>{{Cite web |title=Human Rights Measurement Initiative – The first global initiative to track the human rights performance of countries |url=https://humanrightsmeasurement.org/ |access-date=2022-03-19 |website=humanrightsmeasurement.org}}</ref> has similarly given Venezuela scores for Civil and Political Rights. For Safety from the State Rights, HRMI uses responses from human rights experts in Venezuela to give the country scores for freedom from arbitrary arrest, forced disappearance, the death penalty, extrajudicial execution, and torture and ill-treatment. Venezuela has received a cumulative score of 2.9 out of 10 for these rights.<ref>{{Cite web |title=Venezuela - HRMI Rights Tracker |url=https://rightstracker.org/ |access-date=2022-03-19 |website=rightstracker.org |language=en}}</ref> For Empowerment Rights, which consist of freedom of assembly and association, opinion and expression, and participation in government, Venezuela receives a cumulative score of 2.4 out of 10.<ref>{{Cite web |title=Venezuela - HRMI Rights Tracker |url=https://rightstracker.org/ |access-date=2022-03-19 |website=rightstracker.org |language=en}}</ref> |
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== Legal framework == |
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Soon after President Chávez was first elected, a [[April 1999 Venezuelan constitutional referendum|national referendum was called in April 1999]] in which 92% of voters favored drafting a new constitution. The constitution was drafted by an elected assembly with the participation of diverse citizens' groups, and was voted on later that year in [[December 1999 Venezuelan constitutional referendum|another national referendum]] and approved with 71.8% support among voters. The new [[constitution of Venezuela]] sought to secure a wider range of human rights, such as [[Constitution of Venezuela#Health care as a human right|health care as a human right]].<ref name=feo>Feo, Oscar. 2008. Neoliberal Policies and their Impact on Public Health Education: Observations on the Venezuelan Experience. ''Social Medicine'' 3 (4):223-231.</ref> It also created an Office of the Public Defender, which includes the Human Rights Ombudsman's Office. Of the 350 articles in the 1999 constitution, 116 are dedicated to duties, human rights, and guarantees, including a chapter on the rights of indigenous peoples.<ref name=cp /> |
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Venezuela ratified the [[American Convention on Human Rights]] in 1977.<ref>{{cite web |title=AMERICAN CONVENTION ON HUMAN RIGHTS "PACT OF SAN JOSE, COSTA RICA" (B-32) |url=http://www.oas.org/dil/treaties_B-32_American_Convention_on_Human_Rights_sign.htm |website=Multilateral Treaties |publisher=Organization of American States |access-date=6 January 2016 |archive-url=https://web.archive.org/web/20160104141721/http://www.oas.org/dil/treaties_B-32_American_Convention_on_Human_Rights_sign.htm |archive-date=4 January 2016 |url-status=live }}</ref> This makes it part of the jurisdiction of the [[Inter-American Court of Human Rights]]. |
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* [[International Covenant on Civil and Political Rights]] ([[Human Rights Committee]]) |
* [[International Covenant on Civil and Political Rights]] ([[Human Rights Committee]]) |
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* [[International Covenant on Economic, Social and Cultural Rights]] ([[Committee on Economic, Social and Cultural Rights]]) |
* [[International Covenant on Economic, Social and Cultural Rights]] ([[Committee on Economic, Social and Cultural Rights]]) |
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==History== |
== History == |
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===1980s=== |
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=== 1980s === |
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{{main|Yumare Massacre}} |
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The Yumare Massacre was an incident in which the [[DISIP]] executed nine unarmed members of the subversive group ''[[Punto Cero]]''. It occurred on 8 May 1986 in [[Yaracuy]] state.<ref name=VA>''[[Venezuelanalysis.com]]'', 13 May 2008, [http://www.venezuelanalysis.com/analysis/3436 Venezuela’s Murderous “Democracy”: The Yumare Massacre 22 Years On]</ref> |
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====Massacre of El Amparo==== |
==== Massacre of El Amparo ==== |
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{{Main|Massacre of El Amparo}} |
{{Main|Massacre of El Amparo}} |
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The Massacre of El Amparo was a massacre of 14 fishermen that took place near the village of [[El Amparo]], in [[Venezuela]]'s western state of [[Apure]], on 29 October 1988.<ref name=AI>[[Amnesty International]], 31 March 1993, [ |
The Massacre of El Amparo was a massacre of 14 fishermen that took place near the village of [[El Amparo, Apure|El Amparo]], in [[Venezuela]]'s western state of [[Apure]], on 29 October 1988.<ref name=AI>[[Amnesty International]], 31 March 1993, [https://www.amnesty.org/en/documents/amr53/005/1993/en/ Venezuela: The Amparo Massacre: Four years on]</ref><ref name=IACHR /> A joint military-police unit claimed the fishermen (who had no police records and were not known to either Venezuelan or Colombian military intelligence)<ref name=Coronil>Coronil, Fernando, and Skurski, Julie (2006), "Dismembering and Remembering the Nation: The Semantics of Political Violence in Venezuela", in Coronil, Fernando and Skurski, Julie (eds, 2006), ''States of Violence''. [[University of Michigan]], pp 96–97</ref> were a group of guerillas who attacked them with guns and grenades, with an alleged 15–20-minute exchange of gunfire occurring at a range of 20–30 m.<ref name=HRW93p2022>[[Human Rights Watch]], [https://books.google.com/books?id=wDIhkigqO-sC&q=%22human+rights%22+venezuela Human Rights in Venezuela], October 1993, pp 20–22</ref> A case taken to the [[Inter-American Court of Human Rights]] (IACHR) concluded in 1996, with the IACHR ordering Venezuela to pay over $700,000 in reparations to next of kin and surviving victims.<ref name=IACHR>[[Inter-American Court of Human Rights]], 14 September 1996, [http://www.unhcr.org/refworld/publisher,IACRTHR,,VEN,3ae6b6ae10,0.html El Amparo Case] {{Webarchive|url=https://web.archive.org/web/20121010075529/http://www.unhcr.org/refworld/publisher,IACRTHR,,VEN,3ae6b6ae10,0.html |date=10 October 2012 }}</ref> |
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====Caracazo==== |
==== Caracazo ==== |
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{{Main|Caracazo}} |
{{Main|Caracazo}} |
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One of the six cases brought against Venezuela by the IACHR between 1977 and 1998 related to the 1989 [[Caracazo]], which successive Venezuelan governments failed to investigate, despite requests from human rights groups such as [[Amnesty International]],<ref>{{cite news|title |
One of the six cases brought against Venezuela by the IACHR between 1977 and 1998 related to the 1989 [[Caracazo]], which successive Venezuelan governments failed to investigate, despite requests from human rights groups such as [[Amnesty International]],<ref>{{cite news |title=Venezuela Inquiry Urged on Abuses in Riots |url=https://www.nytimes.com/1989/03/12/world/venezuela-inquiry-urged-on-abuses-in-riots.html |work=The New York Times |date=12 March 1989 |access-date=15 July 2009 |archive-url=https://web.archive.org/web/20150707155851/http://www.nytimes.com/1989/03/12/world/venezuela-inquiry-urged-on-abuses-in-riots.html |archive-date=7 July 2015 |url-status=live }}</ref> and instructions from the [[Inter-American Court of Human Rights]].<ref>{{cite web |title=Comité de Familiares de las Víctimas |publisher=[[COFAVIC]] |date=28 February 2007 |url=http://www.cofavic.org.ve/index.php?id=5&idcolum=58 |access-date=1 July 2009}}</ref> In July 2009, then-defence minister [[Italo del Valle Alliegro]] was charged in relation to the Caracazo.<ref>[[BBC]], 18 July 2009, [http://news.bbc.co.uk/2/hi/americas/8157088.stm Former Venezuela minister charged] {{Webarchive|url=https://web.archive.org/web/20090722144453/http://news.bbc.co.uk/2/hi/americas/8157088.stm |date=22 July 2009 }}</ref> |
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===1990s=== |
=== 1990s === |
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With increasing instability of the political system in the face of economic crisis, Venezuela saw two [[1992 Venezuelan coup d'état attempts|coup attempts in 1992]]; one of which was led by future president [[Hugo Chávez]]. Both failed, and in |
With increasing instability of the political system in the face of economic crisis, Venezuela saw two [[1992 Venezuelan coup d'état attempts|coup attempts in 1992]]; one of which was led by future president [[Hugo Chávez]]. Both failed, and in the process of resisting the coup attempts, government agents were reported to have killed forty people, both civilians and surrendered rebels, either as [[extrajudicial execution]]s, or through the use of disproportionate force.<ref name=HRW93-61>Clifford C. Rohde, Jamie Fellner, Cynthia G. Brown (1993), [https://books.google.com/books?id=wDIhkigqO-sC&q=disip Human rights in Venezuela], [[Human Rights Watch]], pp61-5</ref> |
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Arbitrary detentions numbered in the hundreds and continued for some time after the events, and involved student leaders and other civic leaders not connected with the coup attempts. Freedom of expression was suspended for two months in the February case, and three weeks in the November case, and involved censorship of the media. A series of demonstrations in March and April calling for the resignation of President [[Carlos Andrés Pérez]] and the restoration of constitutional guarantees were met with state violence including indiscriminate police firing into crowds, with a total of 13 deaths.<ref name=HRW93-61 /> |
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During the 1989–1993 Perez period the violent repression of protest was commonplace, with one of every three demonstrations repressed. During the Caldera administration it fell, and toward the middle of this the proportion of demonstrations repressed had fallen to one of every six.<ref name=Maya05>Margarita López Maya and Luis Lander (2005), "Popular Protest in Venezuela: Novelties and Continuities", ''Latin American Perspectives'', 32 (2),pp92-108. pr97-8</ref> |
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A number of members of the press covering the protests were severely injured by police.<ref name=HRW93-61 /> Although participants in the February coup attempt were tried under the regular military justice system, in response to the November coup attempt the government created ad hoc courts based on the 1938 legal code of [[Eleazar López Contreras]], drawn up twenty years before the transition to democracy. The Supreme Court ultimately ruled the courts unconstitutional, but on the grounds that the President had neglected to suspend the relevant constitutional rights (right to a defence, right to be tried by one's natural judge) rather than on the [[due process]] grounds for which they were criticised.<ref name=HRW93-71>Clifford C. Rohde, Jamie Fellner, Cynthia G. Brown (1993), [https://books.google.com/books?id=wDIhkigqO-sC&q=disip Human rights in Venezuela], [[Human Rights Watch]], pp71-2</ref> |
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===2000s=== |
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[[File:Freedom ratings in Venezuela (1998 to 2013).png|right|350px|thumb|Freedom ratings in Venezuela from 1998 to 2013. (1 = Free, 7 = not free) <br>'''Source:''' [https://freedomhouse.org/sites/default/files/Individual%20Country%20Ratings%20and%20Status%2C%201973-2015%20%28FINAL%29.xls Freedom House]]] |
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Shortly after Hugo Chávez's election, ratings for freedom in Venezuela dropped according to political and human rights group [[Freedom House]].<ref name=FH2013>{{cite web|title=Country ratings and status, FIW 1973-2014|url=https://www.freedomhouse.org/sites/default/files/Country%20Ratings%20and%20Status%2C%201973-2014%20%28FINAL%29.xls|website=Freedom House|accessdate=16 December 2014}}</ref> In 2004, Amnesty International criticized President Chavez's administration's handling of the 2000 coup, saying that violent incidents "have not been investigated effectively and have gone |
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unpunished" and that "impunity enjoyed by the perpetrators encourages further human rights violations in a particularly volatile political climate".<ref name=AImarch2004>{{cite web|title=VENEZUELA Protestors in civil disturbances|url=http://web.archive.org/web/20040322012454/http://web.amnesty.org/library/Index/ENGAMR530032004?open&of=ENG-VEN|website=Amnesty International|accessdate=15 December 2014}}</ref> Amnesty International also criticized the [[Venezuelan National Guard]] and the [[SEBIN|Direccion de Inteligencia Seguridad y Prevención (DISIP)]] stating that they "allegedly used excessive force to control the situation on a number of |
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occasions" during protests involving the [[2004 Venezuela recall]].<ref name=AImarch2004/> It was also noted that many of the protesters detained seemed to not be "brought before a judge within the legal time limit".<ref name=AImarch2004/> |
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During the 1989–1993 Perez period the violent repression of protest was commonplace, with one of every three demonstrations repressed. During the Caldera administration it fell, and toward the middle of this the proportion of demonstrations repressed had fallen to one of every six.<ref name=Maya05>Margarita López Maya and Luis Lander (2005), "Popular Protest in Venezuela: Novelties and Continuities", ''Latin American Perspectives'', 32 (2), pp. 92-108. pr. 97-8</ref> |
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In 2005, Central University of Venezuela professors Margarita López Maya and Luis Lander, stated there was a "greater recognition of the right to protest, and this has been institutionalized."<ref name=Maya05/> The violent repression of demonstrations fell to 1 in 25 in 1998-99, and to 1 in 36 by 2002-3.<ref name=Maya05/> However, in 2008, Venezuela was ranked as the least democratic nation in South America in the 2008 Economist Intelligence Unit Democracy Index.<ref name=ECON2008/> |
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=== 2000s === |
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In 2008, Freedom House removed Venezuela from its list of countries that have an [[electoral democracy]].<ref name=FHratings2008>{{cite web|title=Venezuela|url=https://freedomhouse.org/report/freedom-world/2009/venezuela#.VI_VZIed7ww|website=Freedom House|accessdate=16 December 2014}}</ref> |
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[[File:Freedom ratings in Venezuela (1998 to 2017).png|right|350px|thumb|Freedom ratings in Venezuela from 1998 to 2017.<br />(1 = Free, 7 = not free)<ref>[https://freedomhouse.org/sites/default/files/Individual%20Country%20Ratings%20and%20Status%2C%201973-2015%20%28FINAL%29.xls Freedom House]</ref>]] |
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Shortly after Hugo Chávez's election, ratings for freedom in Venezuela dropped according to political and human rights group [[Freedom House]].<ref name=FH2013>{{cite web |title=Country ratings and status, FIW 1973–2014 |url=https://www.freedomhouse.org/sites/default/files/Country%20Ratings%20and%20Status%2C%201973-2014%20%28FINAL%29.xls |website=Freedom House |access-date=16 December 2014 |archive-url=https://web.archive.org/web/20141030190924/http://www.freedomhouse.org/sites/default/files/Country%20Ratings%20and%20Status,%201973-2014%20(FINAL).xls |archive-date=30 October 2014 |url-status=live }}</ref> In 2004, Amnesty International criticized President Chavez's administration's handling of the 2000 coup, saying that violent incidents "have not been investigated effectively and have gone unpunished" and that "impunity enjoyed by the perpetrators encourages further human rights violations in a particularly volatile political climate".<ref name=AImarch2004>{{cite web |title=VENEZUELA Protestors in civil disturbances |url=https://www.amnesty.org/en/documents/amr53/003/2004/en/ |publisher=Amnesty International |access-date=15 December 2014 }}</ref> Amnesty International also criticized the [[Venezuelan National Guard]] and the [[SEBIN|Direccion de Inteligencia Seguridad y Prevención (DISIP)]] stating that they "allegedly used excessive force to control the situation on a number of occasions" during protests involving the [[2004 Venezuela recall]].<ref name=AImarch2004 /> It was also noted that many of the protesters detained seemed to not be "brought before a judge within the legal time limit".<ref name=AImarch2004 /> |
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In 2005, Central University of Venezuela professors Margarita López Maya and Luis Lander, stated there was a "greater recognition of the right to protest, and this has been institutionalized."<ref name=Maya05 /> The violent repression of demonstrations fell to 1 in 25 in 1998–99, and to 1 in 36 by 2002–3.<ref name=Maya05 /> However, in 2008, Venezuela was ranked as the least democratic nation in South America in the 2008 Economist Intelligence Unit Democracy Index.<ref name=ECON2008>[http://a330.g.akamai.net/7/330/25828/20081021185552/graphics.eiu.com/PDF/Democracy%20Index%202008.pdf The Economist Intelligence Unit's Index of Democracy 2008] {{webarchive |url=https://web.archive.org/web/20081214053945/http://a330.g.akamai.net/7/330/25828/20081021185552/graphics.eiu.com/PDF/Democracy%20Index%202008.pdf |date=14 December 2008 }}</ref> Also in 2008, Freedom House removed Venezuela from its list of countries that have an [[electoral democracy]].<ref name=FHratings2008>{{cite web |title=Venezuela |url=https://freedomhouse.org/report/freedom-world/2009/venezuela#.VI_VZIed7ww |website=Freedom House |access-date=16 December 2014 |archive-url=https://web.archive.org/web/20141216104051/https://freedomhouse.org/report/freedom-world/2009/venezuela#.VI_VZIed7ww |archive-date=16 December 2014 |url-status=live }}</ref> By 2009, the [[Inter-American Commission on Human Rights]] released a report stating that Venezuela's government practiced "repression and intolerance".<ref name=CarrollSTRATEGY>{{cite book |last1=Rory |first1=Carroll |title=Comandante : Hugo Chavez's Venezuela |date=2014 |publisher=New York |location=Penguin Books |isbn=978-0-14-312488-7 |pages=182–194}}</ref> |
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===2010s=== |
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{{undue|section|date=March 2015}} |
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According to the United Nations, there were 31,096 complaints of human rights violations received between the years 2011 and 2014. Of the 31,096, 3.1% resulted in only in an [[indictment]] by the Venezuelan Public Ministry.<ref name=EN28nov2014>{{cite news|title=Como "una tragedia" cataloga la ONU situación de las cárceles en el país|url=http://www.el-nacional.com/mundo/tragedia-cataloga-ONU-situacion-carceles_0_527947243.html|accessdate=29 November 2014|agency=El Nacional|date=28 November 2014}}</ref><ref name=LPnov2014>{{cite news|title=La situación de las cárceles venezolanas es una tragedia, dice la ONU|url=http://www.lapatilla.com/site/2014/11/28/la-situacion-de-las-carceles-venezolanas-es-una-tragedia-dice-la-onu/|accessdate=29 November 2014|agency=La Patilla|date=29 November 2014}}</ref> |
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=== 2010s === |
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In 2011, NGO [[Provea]] criticized the fact that the government party [[PSUV]] selected as candidate for congress [[Róger Cordero Lara]], who had military involvement in the massacre of Cantaura in 1982. Cordero was elected and Provea demanded his immunity be lifted.<ref> |
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According to the United Nations, there were 31,096 complaints of human rights violations received between the years 2011 and 2014. Of the 31,096, 3.1% resulted in only in an [[indictment]] by the Venezuelan Public Ministry.<ref name=EN28nov2014>{{cite news |title=Como 'una tragedia' cataloga la ONU situación de las cárceles en el país |url=http://www.el-nacional.com/mundo/tragedia-cataloga-ONU-situacion-carceles_0_527947243.html |access-date=29 November 2014 |agency=El Nacional |date=28 November 2014 |url-status=dead |archive-url=https://web.archive.org/web/20141128201039/http://www.el-nacional.com/mundo/tragedia-cataloga-ONU-situacion-carceles_0_527947243.html |archive-date=28 November 2014 }}</ref><ref name=LPnov2014>{{cite news |title=La situación de las cárceles venezolanas es una tragedia, dice la ONU |url=http://www.lapatilla.com/site/2014/11/28/la-situacion-de-las-carceles-venezolanas-es-una-tragedia-dice-la-onu/ |access-date=29 November 2014 |agency=La Patilla |date=29 November 2014 |archive-url=https://web.archive.org/web/20141130210421/http://www.lapatilla.com/site/2014/11/28/la-situacion-de-las-carceles-venezolanas-es-una-tragedia-dice-la-onu/ |archive-date=30 November 2014 |url-status=live }}</ref> |
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[http://www.eluniversal.com/2011/01/28/pol_art_provea-exige-a-an-le_2175351.shtml Provea criticizes Róger Cordero is allowed to become a deputy]</ref> |
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In 2011, NGO [[PROVEA]] criticized the fact that the government party [[PSUV]] selected as candidate for congress [[Róger Cordero Lara]], who was militarily involved in the [[Cantaura massacre]] in 1982. Cordero was elected and PROVEA demanded his immunity be lifted.<ref>[http://www.eluniversal.com/2011/01/28/pol_art_provea-exige-a-an-le_2175351.shtml Provea criticizes Róger Cordero is allowed to become a deputy]</ref> |
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In Freedom House's report on the year 2013, President [[Nicolás Maduro]]'s government was criticized for "an increase in the selective enforcement of laws and regulations against the opposition in order to minimize its role as a check on government power", which gave Venezuela's freedom rating a downward trend.<ref name=FHrating2013>{{cite web|title=Venezuela|url=https://freedomhouse.org/report/freedom-world/2014/venezuela-0#.VI_TE4ed7wx|website=Freedom House|accessdate=16 December 2014}}</ref> |
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In [[Freedom House]]'s report on the year 2013, President [[Nicolás Maduro]]'s government was criticized for "an increase in the selective enforcement of laws and regulations against the opposition in order to minimize its role as a check on government power", which gave Venezuela's freedom rating a downward trend.<ref name=FHrating2013>{{cite web |title=Venezuela |url=https://freedomhouse.org/report/freedom-world/2014/venezuela-0#.VI_TE4ed7wx |website=Freedom House |access-date=16 December 2014 |archive-url=https://web.archive.org/web/20141216101957/https://freedomhouse.org/report/freedom-world/2014/venezuela-0#.VI_TE4ed7wx |archive-date=16 December 2014 |url-status=live }}</ref> |
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====2014 Venezuelan protests==== |
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{{main|2014 Venezuelan protests}} |
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[[File:Libertad Protester.jpg|200px|thumbnail|right|Protester with ''Libertad'' written on his fingers.]] |
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During the 2014 Venezuelan protests, multiple human rights organizations condemned the Venezuelan government for its handling of the protests as security forces had reportedly gone beyond typical practices of handling protests, with methods ranging from the use of rubber pellets and tear gas to instances of live ammunition and torture of arrested protestors, according to organizations like Amnesty International<ref name=AIabuses>{{cite news|title=Amnesty Reports Dozens of Venezuela Torture Accounts|url=http://www.bloomberg.com/news/2014-04-01/amnesty-reports-dozens-of-venezuela-torture-accounts.html|accessdate=13 April 2014|newspaper=Bloomberg}}</ref> and [[Human Rights Watch]].<ref name=HRWpfp>{{cite web|title=Punished for Protesting|url=http://www.hrw.org/sites/default/files/reports/venezuela0514_reportcover_web.pdf|publisher=Human Rights Watch|accessdate=6 May 2014}}</ref> Other problems during the protests included media censorship and government tolerance of violence by pro-government militant groups known as ''[[Colectivo (Venezuela)|colectivos]]''.<ref name=HRWcolectivo>{{cite web|title=Venezuela: Violence Against Protesters, Journalists|url=https://www.hrw.org/news/2014/02/21/venezuela-violence-against-protesters-journalists|publisher=Human Rights Watch|accessdate=21 March 2014}}</ref> Venezuela's government has also been accused of [[Political prisoner|politically-motivated arrests]] of opponents, most notably former [[Chacao, Venezuela|Chacao]] mayor and leader of [[Popular Will]], [[Leopoldo López]], who surrendered himself in February, responding to controversial charges of murder and inciting violence, using his arrest to protest the government's "criminalization of dissent."<ref name= NYTlopez>{{cite news| last =Lopez| first =Leopoldo| title =Venezuela's Failing State| work =New York Times| url =http://www.nytimes.com/2014/03/26/opinion/venezuelas-failing-state.html?hp&rref=opinion&_r=0 }}</ref><ref name="reuters_arrests">{{cite news|url=http://www.reuters.com/article/2014/03/20/us-venezuela-protests-idUSBREA2J02Y20140320|title=Venezuela arrests one opposition mayor, jails another}}</ref> |
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==== 2014 Venezuelan protests ==== |
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In December 2014, the United States signed [[Venezuela Defense of Human Rights and Civil Society Act of 2014]] to impose targeted sanctions on Venezuelan individuals responsible for human rights violations as a result of the 2014 Venezuelan protests.<ref name=congress1>{{cite web|title=S.2142 - Venezuela Defense of Human Rights and Civil Society Act of 2014|url=https://www.congress.gov/bill/113th-congress/senate-bill/2142/titles|website=Congress.gov|accessdate=11 December 2014}}</ref><ref name=AP18dec2014>{{cite news|title=OBAMA SIGNS BILL TO SANCTION VENEZUELAN OFFICIALS|url=http://www.apnewsarchive.com/2014/Obama-signs-bill-to-sanction-Venezuelan-officials-for-crackdown-on-anti-government-protesters/id-16e5cb67ca184b7aaa32ded6c777c72a|accessdate=18 December 2014|agency=Associated Press}}</ref> The law allows the freezing of assets and visa bans for those accused of using acts of violence or violating the human rights of those opposing the Venezuelan government.<ref>{{cite news|title=Obama Signs Bill to Sanction Venezuelan Officials|url=http://abcnews.go.com/Politics/wireStory/obama-signs-bill-sanction-venezuelan-officials-27699257|accessdate=19 December 2014|agency=ABC News|date=18 December 2014}}</ref> In March 2015, the United States froze assets and revoked visas of several senior officials connected to human rights abuses in Venezuela; these sanctions were condemned in Latin America.<ref>{{cite news |last=Goodman |first=Joshua |last2=Orsi |first2=Peter |date=7 April 2015 |title=Latin America silent on Venezuela as US airs rights concerns |url=http://hosted.ap.org/dynamic/stories/L/LT_VENEZUELA_REGIONAL_SILENCE?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-04-07-11-54-25 |newspaper=Associated Press |access-date=8 April 2015 }}</ref> |
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{{Main|2014 Venezuelan protests}}{{See also|United States–Venezuela relations}}[[File:Grupos pro-gubernamentales disparando durante protestas en Valencia, Venezuela 2014.webm|290px|thumb|right|Pro-government colectivos fire upon the protest student [[Génesis Carmona]] was participating in]] |
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During the 2014 Venezuelan protests, multiple human rights organizations condemned the Venezuelan government for its handling of the protests as security forces had reportedly gone beyond typical practices of handling protests, with methods ranging from the use of rubber pellets and tear gas to instances of live ammunition and torture of arrested protestors, according to organizations like Amnesty International<ref name=AIabuses>{{cite news |title=Amnesty Reports Dozens of Venezuela Torture Accounts |url=https://www.bloomberg.com/news/2014-04-01/amnesty-reports-dozens-of-venezuela-torture-accounts.html |access-date=13 April 2014 |newspaper=Bloomberg |archive-url=https://web.archive.org/web/20140414145726/http://www.bloomberg.com/news/2014-04-01/amnesty-reports-dozens-of-venezuela-torture-accounts.html |archive-date=14 April 2014 |url-status=live }}</ref> and [[Human Rights Watch]].<ref name=HRWpfp>{{cite web |title=Punished for Protesting |url=https://www.hrw.org/sites/default/files/reports/venezuela0514_reportcover_web.pdf |publisher=Human Rights Watch |access-date=6 May 2014 |archive-url=https://web.archive.org/web/20140513223338/http://www.hrw.org/sites/default/files/reports/venezuela0514_reportcover_web.pdf |archive-date=13 May 2014 |url-status=live }}</ref> Other problems during the protests included media censorship and government tolerance of violence by pro-government militant groups known as ''[[Colectivo (Venezuela)|colectivos]]''.<ref name=HRWcolectivo>{{cite web |title=Venezuela: Violence Against Protesters, Journalists |date=21 February 2014 |url=https://www.hrw.org/news/2014/02/21/venezuela-violence-against-protesters-journalists |publisher=Human Rights Watch |access-date=21 March 2014 |archive-url=https://web.archive.org/web/20140221210347/http://www.hrw.org/news/2014/02/21/venezuela-violence-against-protesters-journalists |archive-date=21 February 2014 |url-status=live }}</ref> Venezuela's government has also been accused of [[Political prisoner|politically-motivated arrests]] of opponents, most notably former [[Chacao, Venezuela|Chacao]] mayor and leader of [[Popular Will]], [[Leopoldo López]], who surrendered himself in February, responding to controversial charges of murder and inciting violence, using his arrest to protest the government's "criminalization of dissent."<ref name=NYTlopez>{{cite news |last=Lopez |first=Leopoldo |title=Venezuela's Failing State |work=The New York Times |date=25 March 2014 |url=https://www.nytimes.com/2014/03/26/opinion/venezuelas-failing-state.html?hp&rref=opinion&_r=0 |access-date=9 February 2017 |archive-url=https://web.archive.org/web/20170802004615/https://www.nytimes.com/2014/03/26/opinion/venezuelas-failing-state.html?hp&rref=opinion&_r=0 |archive-date=2 August 2017 |url-status=live }}</ref><ref name="reuters_arrests">{{cite news |url=https://www.reuters.com/article/us-venezuela-protests-idUSBREA2J02Y20140320 |title=Venezuela arrests one opposition mayor, jails another |access-date=1 July 2017 |archive-url=https://web.archive.org/web/20150924195013/http://www.reuters.com/article/2014/03/20/us-venezuela-protests-idUSBREA2J02Y20140320 |archive-date=24 September 2015 |url-status=live }}</ref> |
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In December 2014, the United States signed [[Venezuela Defense of Human Rights and Civil Society Act of 2014]] to impose targeted sanctions on Venezuelan individuals responsible for human rights violations as a result of the 2014 Venezuelan protests.<ref name=congress1>{{cite web |title=S.2142 – Venezuela Defense of Human Rights and Civil Society Act of 2014 |url=https://www.congress.gov/bill/113th-congress/senate-bill/2142/titles |website=Congress.gov |access-date=11 December 2014 |archive-url=https://web.archive.org/web/20141213011526/https://www.congress.gov/bill/113th-congress/senate-bill/2142/titles |archive-date=13 December 2014 |url-status=live }}</ref><ref name=AP18dec2014>{{cite news |title=OBAMA SIGNS BILL TO SANCTION VENEZUELAN OFFICIALS |url=https://apnews.com/16e5cb67ca184b7aaa32ded6c777c72a |access-date=18 December 2014 |work=Associated Press News |archive-url=https://web.archive.org/web/20141219015216/http://www.apnewsarchive.com/2014/Obama-signs-bill-to-sanction-Venezuelan-officials-for-crackdown-on-anti-government-protesters/id-16e5cb67ca184b7aaa32ded6c777c72a |archive-date=19 December 2014 |url-status=live }}</ref> The law allows the freezing of assets and visa bans for those accused of using acts of violence or violating the human rights of those opposing the Venezuelan government.<ref>{{cite news |title=Obama Signs Bill to Sanction Venezuelan Officials |url=https://abcnews.go.com/Politics/wireStory/obama-signs-bill-sanction-venezuelan-officials-27699257 |access-date=19 December 2014 |publisher=ABC News |date=18 December 2014 |archive-url=https://web.archive.org/web/20150101074136/http://abcnews.go.com/Politics/wireStory/obama-signs-bill-sanction-venezuelan-officials-27699257 |archive-date=1 January 2015 |url-status=live }}</ref> In March 2015, the United States froze assets and revoked visas of several senior officials connected to human rights abuses in Venezuela.<ref>{{cite news |last1=Goodman |first1=Joshua |last2=Orsi |first2=Peter |date=7 April 2015 |title=Latin America silent on Venezuela as US airs rights concerns |url=http://hosted.ap.org/dynamic/stories/L/LT_VENEZUELA_REGIONAL_SILENCE?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-04-07-11-54-25 |agency=Associated Press |access-date=8 April 2015 |archive-url=https://web.archive.org/web/20150408104547/http://hosted.ap.org/dynamic/stories/L/LT_VENEZUELA_REGIONAL_SILENCE?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-04-07-11-54-25 |archive-date=8 April 2015 |url-status=live }}</ref> |
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====UN Committee Against Torture==== |
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In November 2014, Venezuela appeared before the [[United Nations Committee Against Torture]] over cases between 2002 and 2014. UN experts were allegedly dissatisfied with the Venezuelan government's delegation that was led by Deputy Interior Security Law and Policy, José Vicente Rangel Avalos and questions asked by the UN Committee were not answered accurately by him. In the five-year-old case of Judge María Lourdes Afiuni Mora, a Venezuelan delegate stated, "The prosecution did not receive complaints about the alleged rape told in a book. We suggest to the committee, why worry?", to which a member of the UN commission replied "It's very important and very serious, because it transcends the individual, affects the concept of the judiciary and the rule of law if this had happened in another country." Experts of multiple NGOs also criticized the Venezuelan governments record with human rights, with one expert stating that "only 12 public officials have been convicted of violations of human rights in the last decade that in the same period have been more than 5,000 complaints". Experts also criticized the Venezuelan National Commission for the Prevention of Torture for not being independent from the government, questioned the actions of doctors and forensic experts who examined alleged victims and asked about the judicial system's independence from other bodies of the Venezuelan government.<ref>{{cite news|title=Venezuela ante la ONU: "Puede haber individuos armados dentro de los colectivos"|url=http://www.infobae.com/2014/11/08/1607401-venezuela-la-onu-puede-haber-individuos-armados-dentro-los-colectivos|accessdate=9 November 2014|agency=[[Infobae.com|Infobae]]|date=8 November 2014}}</ref><ref>{{cite news|title=Venezuela tuvo que responder por más de 3.000 casos de tortura ante Naciones Unidas|url=http://www.infobae.com/2014/11/06/1606934-venezuela-tuvo-que-responder-mas-3000-casos-tortura-naciones-unidas|accessdate=9 November 2014|agency=[[Infobae.com|Infobae]]|date=6 November 2014}}</ref><ref>{{cite news|title=Estado no respondió con precisión preguntas de la ONU sobre casos de tortura|url=http://www.el-nacional.com/sociedad/respondio-precision-preguntas-ONU-tortura_0_515348653.html|accessdate=9 November 2014|agency=El Nacional|date=8 November 2014}}</ref> |
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Hundreds of Venezuelans detained by Venezuelan authorities during the protests were tortured.<ref name="UN22oct">{{cite web|title=Venezuela: UN rights chief calls for immediate release of opposition leader, politicians|url=https://www.un.org/apps/news/story.asp?NewsID=49120|url-status=live|archive-url=https://web.archive.org/web/20141021131739/http://www.un.org/apps/news/story.asp?NewsID=49120#.VEc4WZPF8Q5|archive-date=21 October 2014|access-date=22 October 2014|publisher=United Nations}}</ref><ref name="REUT26feb">{{cite news|last1=Gupta|first1=Girish|date=26 February 2014|title=Venezuela government faces brutality accusations over unrest|work=Reuters|url=https://www.reuters.com/article/us-venezuela-protests-allegations-idUSBREA1P1AF20140226|url-status=live|access-date=22 October 2014|archive-url=https://web.archive.org/web/20141026110449/http://www.reuters.com/article/2014/02/26/us-venezuela-protests-allegations-idUSBREA1P1AF20140226|archive-date=26 October 2014}}</ref> |
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On 28 November, the United Nations Committee Against Torture expressed "alarm" due to the reports of abuse by Venezuelan authorities during the 2014 Venezuelan protests. According to the UN committee, allegations of torture included "beatings, burnings and electric shocks in efforts to obtain confessions". The committee also called on more thorough investigations by the Venezuelan government since of the 185 investigations for abuses during the protests, only 5 had been charged. Other issues presented by the committee included the release of Leopoldo López and former mayor Daniel Ceballos from prison, which the UN committee urged.<ref>{{cite news|title=U.N. watchdog urges Venezuela to investigate torture allegations|url=http://www.reuters.com/article/2014/11/28/us-venezuela-torture-idUSKCN0JC1OY20141128|accessdate=29 November 2014|agency=Reuters|date=28 November 2014}}</ref> |
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==== UN Committee Against Torture ==== |
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On 11 March 2015 at a UN Human Rights Council meeting in Geneva, UN rapporteur on torture and other degrading treatment, [[Juan E. Méndez]], stated that the Bolivarian government failed to respond to multiple requests for information to which Méndez said, "In this case Venezuela did not respond, so I've drawn my conclusions based on the lack of response, but obviously on what I know of cases. And I concluded that the government violated the rights of prisoners".<ref name=LVmarch11>{{cite news|title=Venezuela violó derecho internacional al no prevenir tortura|url=http://www.laverdad.com/politica/71150-venezuela-violo-derecho-internacional-al-no-prevenir-tortura.html|accessdate=14 March 2015|agency=[[La Verdad]]|date=11 March 2015}}</ref> He also stated that the Maduro government did not comply "with the obligation to investigate, prosecute and punish all acts of torture and cruel, inhuman or degrading treatment".<ref name=LVmarch11/> |
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In November 2014, Venezuela appeared before the [[United Nations Committee Against Torture]] over cases between 2002 and 2014. UN experts were dissatisfied with the Venezuelan government's delegation that was led by Deputy Interior Security Law and Policy, [[José Vicente Rangel]] Avalos and questions asked by the UN Committee were not answered accurately by him. In the five-year-old case of Judge [[María Lourdes Afiuni]] Mora, a Venezuelan delegate stated, "The prosecution did not receive complaints about the alleged rape told in a book. We suggest to the committee, why worry?", to which a member of the UN commission replied "It's very important and very serious, because it transcends the individual, affects the concept of the judiciary and the rule of law if this had happened in another country." Experts of multiple NGOs also criticized the Venezuelan governments record with human rights, with one expert stating that "only 12 public officials have been convicted of violations of human rights in the last decade that in the same period have been more than 5,000 complaints". Experts also criticized the Venezuelan National Commission for the Prevention of Torture for not being independent from the government, questioned the actions of doctors and forensic experts who examined victims and asked about the judicial system's independence from other bodies of the Venezuelan government.<ref>{{cite news |title=Venezuela ante la ONU: "Puede haber individuos armados dentro de los colectivos" |url=http://www.infobae.com/2014/11/08/1607401-venezuela-la-onu-puede-haber-individuos-armados-dentro-los-colectivos |access-date=9 November 2014 |agency=[[Infobae.com|Infobae]] |date=8 November 2014 |archive-url=https://web.archive.org/web/20141109090418/http://www.infobae.com/2014/11/08/1607401-venezuela-la-onu-puede-haber-individuos-armados-dentro-los-colectivos |archive-date=9 November 2014 |url-status=live }}</ref><ref>{{cite news |title=Venezuela tuvo que responder por más de 3.000 casos de tortura ante Naciones Unidas |url=http://www.infobae.com/2014/11/06/1606934-venezuela-tuvo-que-responder-mas-3000-casos-tortura-naciones-unidas |access-date=9 November 2014 |agency=[[Infobae.com|Infobae]] |date=6 November 2014 |archive-url=https://web.archive.org/web/20141109090146/http://www.infobae.com/2014/11/06/1606934-venezuela-tuvo-que-responder-mas-3000-casos-tortura-naciones-unidas |archive-date=9 November 2014 |url-status=live }}</ref><ref>{{cite news |title=Estado no respondió con precisión preguntas de la ONU sobre casos de tortura |url=http://www.el-nacional.com/sociedad/respondio-precision-preguntas-ONU-tortura_0_515348653.html |access-date=9 November 2014 |agency=El Nacional |date=8 November 2014 |archive-url=https://web.archive.org/web/20141109083525/http://www.el-nacional.com/sociedad/respondio-precision-preguntas-ONU-tortura_0_515348653.html |archive-date=9 November 2014 |url-status=dead }}</ref> |
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On 28 November, the United Nations Committee Against Torture expressed "alarm" due to the reports of abuse by Venezuelan authorities during the 2014 Venezuelan protests. According to the UN committee, allegations of torture included "beatings, burnings and electric shocks in efforts to obtain confessions". The committee also called on more thorough investigations by the Venezuelan government since of the 185 investigations for abuses during the protests, only 5 had been charged. Other issues presented by the committee included the release of Leopoldo López and former mayor Daniel Ceballos from prison, which the UN committee urged.<ref>{{cite news |title=U.N. watchdog urges Venezuela to investigate torture allegations |url=https://www.reuters.com/article/us-venezuela-torture-idUSKCN0JC1OY20141128 |access-date=29 November 2014 |work=Reuters |date=28 November 2014 |archive-url=https://web.archive.org/web/20141128231047/http://www.reuters.com/article/2014/11/28/us-venezuela-torture-idUSKCN0JC1OY20141128 |archive-date=28 November 2014 |url-status=live }}</ref> |
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==Civil and political rights== |
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On 11 March 2015 at a UN Human Rights Council meeting in Geneva, UN rapporteur on torture and other degrading treatment, [[Juan E. Méndez]], stated that the Bolivarian government failed to respond to multiple requests for information to which Méndez said, "In this case Venezuela did not respond, so I've drawn my conclusions based on the lack of response, but obviously on what I know of cases. And I concluded that the government violated the rights of prisoners".<ref name=LVmarch11>{{cite news |title=Venezuela violó derecho internacional al no prevenir tortura |url=http://www.laverdad.com/politica/71150-venezuela-violo-derecho-internacional-al-no-prevenir-tortura.html |access-date=14 March 2015 |agency=[[La Verdad (Maracaibo)|La Verdad]] |date=11 March 2015 |archive-url=https://web.archive.org/web/20150313151232/http://www.laverdad.com/politica/71150-venezuela-violo-derecho-internacional-al-no-prevenir-tortura.html |archive-date=13 March 2015 |url-status=live }}</ref> He also stated that the Maduro government did not comply "with the obligation to investigate, prosecute and punish all acts of torture and cruel, [[inhuman or degrading treatment]]".<ref name=LVmarch11 /> |
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==== 2017 Venezuelan protests ==== |
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{{Main|2017 Venezuelan protests}} |
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{{see also|2017 Venezuelan protests#Plan Zamora|Operation Tun Tun}} |
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The [[United Nations Human Rights Office]] denounced "widespread and systematic use of excessive force" against demonstrators, saying security forces and pro-government groups were responsible for the deaths of at least 73 protesters. UN Human Rights Office described "a picture of widespread and systematic use of excessive force and arbitrary detentions against demonstrators in Venezuela". "Witness accounts suggest that security forces, mainly the national guard, the national police and local police forces, have systematically used disproportionate force to instil fear, crush dissent and to prevent demonstrators from assembling, rallying and reaching public institutions to present petitions".<ref>{{cite news |url=https://www.theguardian.com/world/2017/aug/08/venezuela-un-rights-chief-decries-excessive-force-used-against-protesters |title=Venezuela: UN rights chief decries excessive force used against protesters |date=8 August 2017 |access-date=13 August 2017 |work=[[The Guardian]] |archive-url=https://web.archive.org/web/20170813111410/https://www.theguardian.com/world/2017/aug/08/venezuela-un-rights-chief-decries-excessive-force-used-against-protesters |archive-date=13 August 2017 |url-status=live }}</ref> |
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In a 9 May 2017 letter, the [[Inter-American Commission on Human Rights]] (IACHR) stated that it "deplores the repressive measures taken by the Venezuelan authorities in response to the wave of protests that began in March in the country" and that it "calls on the State to cease these measures and to effectively fulfill its international human rights obligations." The IACHR was especially concerned with "the increase in deaths, injuries and mass detentions that has accompanied the militarization of the tasks of managing demonstrations" and expressed concern with the state of Leopoldo López's imprisonment.<ref>{{cite news |title=CIDH deplora medidas represivas, condena secuela de muertes y emplaza al gobierno bolivariano |url=https://www.lapatilla.com/site/2017/05/09/cidh-deplora-medidas-represivas-condena-secuela-de-muertes-y-emplaza-al-gobierno-bolivariano/ |access-date=10 May 2017 |work=[[La Patilla]] |date=9 May 2017 |language=es-ES |archive-url=https://web.archive.org/web/20170510000156/http://www.lapatilla.com/site/2017/05/09/cidh-deplora-medidas-represivas-condena-secuela-de-muertes-y-emplaza-al-gobierno-bolivariano/ |archive-date=10 May 2017 |url-status=live }}</ref> {{external media|width=260px|video1={{YouTube|id=hHVOf9RTSPs|title=National Guardsman firing live ammunition at protesters on 19 June, [[Killing of Fabián Urbina|killing Fabián Urbina]]}}}} |
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[[File:David Vallenilla shot.webm|right|thumb|250x250px|Venezuelan protester David Vallenilla being shot dead by a security agent]] |
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The majority of individuals killed during protests died from gunshot wounds, with many resulting from the repression by Venezuelan authorities and assisting pro-government [[Colectivo (Venezuela)|colectivos]].<ref>{{cite news |url=http://www.laht.com/article.asp?ArticleId=2437675&CategoryId=10717 |title=Venezuela's New Government Approach to Crowd Control: Robbery |date=5 June 2017 |work=[[Latin American Herald Tribune]] |access-date=6 June 2017 |archive-url=https://web.archive.org/web/20170614202224/http://laht.com/article.asp?CategoryId=10717&ArticleId=2437675 |archive-date=14 June 2017 |url-status=live }}</ref> A report by [[Human Rights Watch]] and [[Foro Penal]] documented at least six cases in which Venezuelan security forces raided residential areas and apartment buildings in Caracas and in four different states, usually near barricades built by residents; according to testimonies, officials bursted into houses without warrants, stealing personal belongings and food from residents, as well as beating and arresting them.<ref>{{cite book |author=Human Rights Watch |author-link=Human Rights Watch |title=Crackdown on Dissent. Brutality, Torture, and Political Persecution in Venezuela |chapter-url=https://www.hrw.org/sites/default/files/report_pdf/venezuela1117web_0.pdf |year= 2017|isbn=978-1-62313-549-2 |page=61 |language=en|chapter=5 |author2=Foro Penal |author-link2=Foro Penal}}</ref> |
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A report of the [[Office of the United Nations High Commissioner for Human Rights]] specified that non-lethal weapons were used systematically to cause unnecessary injuries, explaining that security forces had fired tear gas canisters directly against protesters at short distances.<ref>{{cite news |url=http://www.ohchr.org/SP/NewsEvents/Pages/ReportProtestorsinVenezuelaHumanRightsViolations.aspx |title=Informe: En Venezuela los manifestantes fueron víctimas de vulneraciones y abusos de derechos humanos |date=31 August 2017 |access-date=10 April 2018 |agency=Office of the United Nations High Commissioner for Human Rights |language=es |archive-url=https://web.archive.org/web/20180411030004/http://www.ohchr.org/SP/NewsEvents/Pages/ReportProtestorsinVenezuelaHumanRightsViolations.aspx |archive-date=11 April 2018 |url-status=live }}</ref> [[Mónica Kräuter]], a chemist and teacher of the [[Simón Bolívar University (Venezuela)|Simón Bolívar University]] who has studied over a thousand tear gas canisters since 2014, has stated that security forces have fired expired tear gas which, according to her, "breaks down into [[cyanide]] oxide, [[phosgene]]s and [[nitrogen]]s that are extremely dangerous".<ref name="LPteargas">{{cite news |url=https://www.lapatilla.com/site/2017/04/10/bombas-lacrimogenas-que-usa-el-gobierno-estan-vencidas-y-emanan-cianuro-recomendaciones/ |title=Bombas lacrimógenas que usa el gobierno están vencidas y emanan cianuro (+ recomendaciones) |date=8 April 2017 |work=[[La Patilla]] |access-date=24 April 2017 |language=es-ES |archive-url=https://web.archive.org/web/20170424175448/https://www.lapatilla.com/site/2017/04/10/bombas-lacrimogenas-que-usa-el-gobierno-estan-vencidas-y-emanan-cianuro-recomendaciones/ |archive-date=24 April 2017 |url-status=live }}</ref> Groups such as the Venezuelan Observatory of Health have denounced the use of tear gas fired directly or nearby health centers and hospitals, as well as houses and residential buildings.<ref>{{cite news |url=https://observatoriodeviolencia.org.ve/observatorio-venezolano-de-la-salud-alerta-sobre-uso-de-gases-lacrimogenos/ |title=Observatorio Venezolano de la Salud alerta sobre uso de gases lacrimógenos |date=28 April 2017 |access-date=10 April 2018 |publisher=Observatorio Venezolano de Violencia |agency=Observatorio Venezolano de la Salud |language=ES |archive-url=https://web.archive.org/web/20180716165600/https://observatoriodeviolencia.org.ve/observatorio-venezolano-de-la-salud-alerta-sobre-uso-de-gases-lacrimogenos/ |archive-date=16 July 2018 |url-status=live }}</ref> |
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In a 15 June statement, [[Human Rights Watch]] stated that high levels officials of the government, such as José Antonio Benavides Torres, the head of the Bolivarian National Guard; [[Vladimir Padrino López]], the defense minister and the strategic operational commander of the Armed Forces; [[Néstor Reverol]], the interior minister, Carlos Alfredo Pérez Ampueda, director of the Bolivarian National Police; [[Gustavo González López]], the national intelligence director, and Siria Venero de Guerrero, the military attorney general, are responsible for the human rights violations and abuses performed by Venezuelan security forces during the protests. Venezuelan officials have praised authorities for their actions and denied any wrongdoing.<ref name="HRWjun15">{{cite web |url=https://www.hrw.org/news/2017/06/15/venezuela-senior-officials-responsibility-abuses |title=Venezuela: Senior Officials' Responsibility for Abuses |date=15 June 2017 |publisher=[[Human Rights Watch]] |access-date=17 June 2017}}</ref> |
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Human rights groups have stated that Venezuelan authorities have used force to gain confessions. [[Amnesty International]] maintains that the government has a "premeditated policy" to commit violent and lethal acts against protesters, stating that there is "a planned strategy by the government of President Maduro to use violence and illegitimate force against the Venezuelan population to neutralize any criticism". ''[[The Wall Street Journal]]'' reported that a young men had already been [[torture]]d at an army base when soldiers piled them into two jeeps and transported them to a wooded area just outside the [[Venezuela]]n capital.<ref>[https://www.wsj.com/articles/venezuelas-brutal-crime-crackdown-executions-machetes-and-8-292-dead-1513792219 Venezuela's Brutal Crime Crackdown: Executions, Machetes and 8,292 Dead]</ref> [[Foro Penal]] stated that "most of the detainees are beaten once they are arrested, while they are being transferred to a temporary detention site where they are to be brought before a judge", giving one instance with "a group of 40 people arrested for alleged looting, 37 reported that they were beaten before their hair was forcefully shaved off their heads". In other examples of abuses, "15 reported that they were forced to eat pasta with grass and [[excrement]]. The regime's officials forced dust from tear gas canisters up their noses to pry open their mouths. They then shoved the pasta with excrement in their mouths and made them swallow it".<ref name="PAPtorture">{{cite news |url=https://panampost.com/karina-martin/2017/05/16/venezuelan-regime-steps-up-torture-against-protesters-forces-them-to-eat-excrement/ |title=Venezuelan Regime Steps up Torture against Protesters, Forces Them to Eat Excrement |last1=Martín |first1=Karina |date=16 May 2017 |work=[[PanAm Post]] |access-date=18 May 2017 |archive-url=https://web.archive.org/web/20170612161455/https://panampost.com/karina-martin/2017/05/16/venezuelan-regime-steps-up-torture-against-protesters-forces-them-to-eat-excrement/ |archive-date=12 June 2017 |url-status=live }}</ref> According to the Justice and Peace Commission of the [[Venezuelan Episcopal Conference]], many other cases of abuses have been recorded.<ref>{{cite news |url=http://www.diariolaregion.net/2017/05/20/efectivos-militares-orinaron-a-joven-detenida-en-protestas/ |title=Efectivos militares orinaron a joven detenida en protestas |date=20 May 2017 |work=La Región |access-date=20 May 2017 |archive-url=https://web.archive.org/web/20170523133623/http://www.diariolaregion.net/2017/05/20/efectivos-militares-orinaron-a-joven-detenida-en-protestas/ |archive-date=23 May 2017 |url-status=live }}</ref> |
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In October 2017, [[Iceland]] blocked the entrance of 16 tonnes of [[tear gas]] from China destined to arrive in Venezuela, stating "it is clear that a large amount of tear gas is involved, and Venezuela can be seen as a hazardous area where fundamental human rights are not respected, among other things".<ref>{{Cite web|url=https://www.stjornarradid.is/efst-a-baugi/frettir/stok-frett/2017/10/23/Heimild-til-flutnings-a-hergognum-um-islenskt-yfirradasvaedi-ekki-veitt/|title=Heimild til flutnings á hergögnum um íslenskt yfirráðasvæði ekki veitt|date=23 October 2017|website=[[Government of Iceland]]|language=is|access-date=2019-01-27}}</ref> |
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==== Crimes against humanity ==== |
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{{see also|International Criminal Court and Venezuela}} |
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[[File:UN - Venezuela Continued impunity amid dismal human rights situation.webm|thumb|250x250px|[[High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] [[Zeid Raad Al Hussein]] and relatives of those killed during protests discuss the crisis in Venezuela]] |
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On 14 September 2017, Venezuelan lawyer [[Tamara Sujú]] testified about 289 cases of torture during the first audience of the [[Organization of American States]] (OAS) to analyze possible [[crimes against humanity]] in the country, including incidents during the 2017 protests and 192 cases of sexual torture.<ref>{{cite news |url=http://www.el-nacional.com/noticias/mundo/denunciaron-289-casos-tortura-organizacion-estados-americanos_203592 |title=Denunciaron 289 casos de tortura en la Organización de Estados Americanos |date=14 September 2017 |newspaper=El Nacional |access-date=16 September 2017 |language=es-ES |archive-url=https://web.archive.org/web/20170915113216/http://www.el-nacional.com/noticias/mundo/denunciaron-289-casos-tortura-organizacion-estados-americanos_203592 |archive-date=15 September 2017 |url-status=live }}</ref> |
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In February 2018, the [[International Criminal Court]] (ICC) announced that it would open preliminary probes into the alleged [[crimes against humanity]] performed by Venezuelan authorities.<ref>{{cite news |title=ICC to open preliminary probes in Philippines, Venezuela |url=https://abcnews.go.com/International/wireStory/icc-open-preliminary-probes-philippines-venezuela-52927306 |access-date=8 February 2018 |publisher=[[ABC News]] |date=8 February 2018 |archive-url=https://web.archive.org/web/20180208135252/http://abcnews.go.com/International/wireStory/icc-open-preliminary-probes-philippines-venezuela-52927306 |archive-date=8 February 2018 |url-status=dead |df=dmy-all }}</ref> |
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On 29 May 2018, a Board of Independent Experts designated by the [[Organization of American States]] published a 400-page report concluding that there were grounds that crimes against humanity were committed in Venezuela,<ref>{{Cite news |url=http://efectococuyo.com/politica/sepa-quienes-son-los-11-venezolanos-senalados-por-la-oea-por-crimenes-de-lesa-humanidad/ |title=Sepa quiénes son los 11 venezolanos señalados por la OEA por supuestos crímenes de lesa humanidad – Efecto Cocuyo |date=30 May 2018 |work=[[Efecto Cocuyo]] |access-date=31 May 2018 |language=es-VE |archive-url=https://web.archive.org/web/20180622193131/http://efectococuyo.com/politica/sepa-quienes-son-los-11-venezolanos-senalados-por-la-oea-por-crimenes-de-lesa-humanidad/ |archive-date=22 June 2018 |url-status=dead }}</ref> including "dozens of murders, thousands of [[Extrajudicial killing|extra-judicial executions]], more than 12,000 cases of [[arbitrary detention]]s, more than 290 cases of torture, attacks against the judiciary and a 'state-sanctioned humanitarian crisis' affecting hundreds of thousands of people".<ref>{{Cite news |url=https://nationalpost.com/news/politics/canada-introduces-new-sanctions-on-venezuelan-regime-in-wake-of-devastating-report-on-crimes-against-humanity |title=Canada introduces new sanctions on Venezuelan regime in wake of devastating report on crimes against humanity |last=Smith |first=Marie-Danielle |date=30 May 2018 |work=[[National Post]] |access-date=31 May 2018}}</ref> |
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On 27 September 2018, six states parties to the [[Rome Statute of the International Criminal Court|Rome Statute]]: [[Argentina]], [[Canada]], [[Colombia]], [[Chile]], [[Paraguay]] and [[Peru]], referred the situation in Venezuela since 12 February 2014 to the ICC, requesting the Prosecutor [[Fatou Bensouda]] to initiate an investigation on crimes against humanity allegedly committed in the territory. On 28 September, the Presidency assigned the situation to Pre-Trial Chamber I.<ref>{{Cite web|url=https://www.icc-cpi.int/venezuela|title=Venezuela|website=[[International Criminal Court]]|access-date=27 January 2019}}</ref> |
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On 4 July 2019, the UN reported that the Venezuelan government used death squads to kill 5,287 people in 2018 and another 1,569 through mid-May 2019. Attacking security forces would arrive at a home, separate young men from the rest of the family, then fire into the walls or plant drugs. Then they would say that the victims had been killed during a confrontation.<ref>{{cite web|url=https://www.nytimes.com/2019/07/04/world/americas/venezuela-police-abuses.html|title=Venezuela Forces Killed Thousands, Then Covered It Up, U.N. Says|author=Nick Cumming-Bruce|date=July 4, 2019|work=New York Times|access-date=July 6, 2019}}</ref> According to [[Human Rights Watch]] almost 18,000 people have been killed by security forces in [[Venezuela]] since 2016 for "resistance to authority" and many of these killings may constitute [[extrajudicial execution]].<ref name="Maduro">{{cite web |title=Venezuela: Extrajudicial Killings in Poor Areas Pattern of Serious Police Abuse Goes Unpunished |url=https://www.hrw.org/news/2019/09/18/venezuela-extrajudicial-killings-poor-areas |website=Human Rights Watch|date=18 September 2019 }}</ref> |
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[[United Nations]]' investigators reported on 16 September 2020 that [[Nicolás Maduro]] and other high-ranking officers ordered the systematic killing and torture of critics, violating human rights.<ref>{{cite news|url=https://www.nytimes.com/2020/09/16/world/americas/venezuela-un-killings-torture.html|title=Venezuela Ordered Killings and Torture of Critics, U.N. Investigators Say|access-date=16 September 2020|newspaper=The New York Times|date=16 September 2020 |last1=Cumming-Bruce |first1=Nick }}</ref> |
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Since November 2020, Venezuelan state agents have been forcibly entering the offices of civil society organizations and making public threats against defenders engaging with human rights organizations. Five members of the Venezuelan NGO {{ill|Azul Positivo|es}} were also detained without a warrant. <ref>{{cite web|url=https://www.hrw.org/news/2021/02/05/standing-solidarity-venezuelan-human-rights-defenders|title=Standing in solidarity with Venezuelan human rights defenders|date=5 February 2021 |access-date=5 February 2021|publisher=Human Rights Watch}}/</ref> |
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A research by [[Human Rights Watch]] revealed that Venezuela’s judiciary failed to adequately investigate widespread abuses despite compelling evidence proving that crimes against humanity like imprisonment or other severe deprivation of physical liberty, torture, rape and/or other forms of sexual violence, and persecution against any identifiable group or by civilian authorities, members of the armed forces, and government supporters are still being committed.<ref>{{cite web|url=https://www.hrw.org/news/2021/07/21/venezuela-international-criminal-court-and-impunity|title=Venezuela, the International Criminal Court, and Impunity|date=21 July 2021 |accessdate=21 July 2021|publisher=Human Rights Watch}}</ref> |
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==== 2019 OHCHR delegation visit ==== |
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===== First visit ===== |
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Following a 25 February [[Lima Group]] meeting in Colombia, Chilean President [[Sebastián Piñera]] criticized [[United Nations High Commissioner for Human Rights]] (OHCHR) commissioner [[Michelle Bachelet]] on 3 March for her failure to condemn Maduro, and called on her "to fulfill the role as high commissioner to defend human rights in a country where they are being brutally overrun".<ref>{{cite news |url= https://www.france24.com/en/20190303-chiles-pinera-slams-uns-bachelet-failure-condemn-maduro |work= France 24 |publisher= [[Agence France-Presse]] |title= Chile's Pinera slams UN's Bachelet for failure to condemn Maduro |date= 3 March 2019 |access-date= 18 March 2019}}</ref> On 8 March, her office announced that she would send a five-person delegation to Venezuela from 11 to 22 March ahead of a potential visit by Bachelet.<ref>{{cite press release |url= https://news.un.org/en/story/2019/03/1034301 |publisher= UN News |title= UN rights team heading to Venezuela may pave way for official mission led by Bachelet |date= 8 March 2019 |access-date= 18 March 2019}}</ref> On 15 March, the [[Lara state]] College of Physicians denounced that a large operation by government officials was underway to clean, repair and provide medical supplies in [[Barquisimeto]] and was a "farce that has been put [in place] to give an express makeover to the hospital, knowing that here people die due to lack of supplies".<ref name= Farse>{{cite news |last1=Gascón |first1=Liz |title=Médicos llaman a protestar en el Hospital Central de Barquisimeto frente a comisión de la ONU |url=http://elpitazo.net/occidente/medicos-llaman-a-protestar-en-el-hospital-central-de-barquisimeto-frente-a-comision-de-la-onu/ |access-date=18 March 2019 |agency=El Pitazo |date=15 March 2019 |language=es}}</ref> During a visit in the [[Carabobo state]], one of the members of the delegation declared that they were not "fools", that the delegation noticed that the walls of the hospital were freshly painted and that the building smelled like paint.<ref>{{cite news |last1=Sleinan |first1=Julett Pineda |title='Los comisionados dijeron que el hospital olía a pintura', médico sobre visita de la ONU al Chet |url=http://efectococuyo.com/principales/los-comisionados-dijeron-que-el-hospital-olia-a-pintura-medico-sobre-visita-de-la-onu-al-chet/ |access-date=18 March 2019 |agency=[[Efecto Cocuyo]] |date=15 March 2019}}</ref> On 17 March, the UN delegation was able to freely visit the Pastor Oropeza hospital in Lara state without escorts, learning about its precarious conditions.<ref>{{cite news |last1=Sleinan |first1=Julett Pineda |title=La crisis que la ONU no pudo ver en el hospital central de Barquisimeto, la constató en el Pastor Oropeza |url=http://efectococuyo.com/principales/la-crisis-que-la-onu-no-pudo-ver-en-el-hospital-central-de-barquisimeto-la-constato-en-el-pastor-oropeza/ |agency=[[Efecto Cocuyo]] |date=18 March 2019 |language=es}}</ref> |
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Bachelet gave a preliminary oral report to the UN Human Rights Council on 20 March in which she expressed extreme concern about the seriousness of the human rights situation, which was also a factor in destabilizing the region.<ref name=10Keys>{{cite news |url= https://prodavinci.com/10-claves-del-informe-de-michelle-bachelet-sobre-venezuela/ |title= 10 claves del informe de Michelle Bachelet sobre Venezuela |trans-title= 10 keys if Michelle Bachelet's report on Venezuela |work= Prodavinci |date= 20 March 2019 |access-date= 20 March 2019 |language= es}}</ref><ref>{{cite web |url= https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24374&LangID=E |publisher= OHCHR |date= 20 March 2019 |access-date= 23 March 2019 |title= Oral update on the situation of human rights in the Bolivarian Republic of Venezuela}}</ref> [[Prodavinci]] summarized the key points of her speech. She said that the recognition of and response to the crisis by authorities had been insufficient, and that conditions had deteriorated since their last visit, particularly among vulnerable populations. Recognizing that the devastation began before 2017 economic sanctions were applied, she expressed concern that sanctions would worsen the situation. She highlighted the complaints about and nature of alleged murders by special police forces (FAES). She was disturbed by escalating freedom of speech and press restrictions. She mentioned the significant impact on health care and the medical system: spread of infection disease, and maternal and infant mortality. She reported that a million children are missing school as a consequence of the conditions in the country. She mentioned the [[2019 Venezuelan blackouts]] as an example of the country's collapsing infrastructure, leading to food, water and medical shortages. She said security forces and [[colectivo (Venezuela)|pro-government armed groups]] had used excessive force to quell protests, including assassination, arbitrary detention, torture and threats. She indicated that the search for food, health care and employment had led to mass emigration from Venezuela.<ref name=10Keys/> She urged authorities to urgently improve human rights conditions and to "demonstrate their real commitment to addressing the many challenging issues".<ref name=Destabilizing>{{cite news |url= https://news.un.org/en/story/2019/03/1035061 |work= UN News |date= 20 March 2019 |access-date= 20 March 2019 |title= Venezuela: 'A worrying destabilizing factor in the region', Bachelet tells Human Rights Council}}</ref> |
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===== Michelle Bachelet visit ===== |
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Ahead of a three-week session of the U.N. Human Rights Council, the OHCHR chief, Michelle Bachelet, visits Venezuela from 19 to 21 June.<ref name=reutersBacheletvisit>{{Cite news|url=https://www.reuters.com/article/us-venezuela-politics-un-idUSKCN1TM2BR|title=U.N. rights chief Bachelet urges Venezuela to release prisoners|last1=Pons|first1=Corina|date=22 June 2019|work=Reuters|access-date=22 June 2019|last2=Castro|first2=Shaylim}}</ref> The Human Rights Commissioner met separately with both Maduro and Guaidó during her visit, as well as with Venezuelan prosecutor Tarek William Saab, some human right activists, and families of victims who experienced torture and state repression.<ref name=reutersBacheletvisit /><ref name=bloombergBacheletvisit>{{Cite news|url=https://www.bloomberg.com/news/articles/2019-06-21/protests-erupt-in-caracas-during-un-s-bachelet-venezuela-visit|title=Protests Erupt in Caracas During Venezuela Visit by UN's Bachelet|last=Laya|first=Patricia|date=20 June 2019|work=Bloomberg|access-date=22 June 2019}}</ref> Protests took place in front of the UN office in Caracas during the last day of the visit, denouncing rights abuses performed by Maduro's administration.<ref name=bloombergBacheletvisit /> [[Gilber Caro]] who was released 2 days before the visit, joined the crowd.<ref>{{Cite web|url=https://apnews.com/97c6390cb2694098b823fe8766819d4b|title=UN human rights chief appeals for dialogue in Venezuela|last1=Smith|first1=Scott|last2=Goodman|first2=Joshua|date=22 June 2019|website=Associated Press|access-date=22 June 2019}}</ref> Bachelet announced the creation of a delegation maintained by two U.N. officials that will remain in Venezuela to monitor the humanitarian situation.<ref name=bloombergBacheletvisit /> Bachelet expressed concern that the recent sanctions on oil exports and gold trade could worsen the already existing crisis experienced by Venezuelans.<ref name=bloombergBacheletvisit /> She also called for the release of political prisoners in Venezuela.<ref name=reutersBacheletvisit /> Bachelet has remained under pressure by rights groups to work towards the release of 700 political prisoners jailed in Venezuela, an allegation [[Nicolás Maduro|Maduro]] opposes.<ref>{{cite web|url=https://www.voanews.com/americas/un-human-rights-chief-urges-venezuelan-government-free-jailed-dissidents|title=UN Human Rights Chief Urges Venezuelan Government to Free Jailed Dissidents|access-date=22 June 2019|publisher=VOANews}}</ref> |
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The final published report addressed the extrajudicial executions, torture, enforced disappearances and other right violations allegedly committed by Venezuelan security forces in the recent years.<ref name="reutersIndependenceday">{{Cite news|url=https://www.reuters.com/article/us-venezuela-politics-idUSKCN1U022E|title=On Venezuelan independence day, Maduro calls for dialogue as Guaido slams 'dictatorship'|date=5 July 2019|work=Reuters|access-date=10 July 2019}}</ref> Bachelet expressed her concerns for the "shockingly high" number of extrajudiciary killings and urged for the dissolution of the FAES.<ref name="Fr24Michellereport">{{Cite web|url=https://www.france24.com/en/20190705-venezuela-united-nations-report-michelle-bachelet-human-rights|title=UN report cites 'shockingly high' number of likely 'executions' in Venezuela|date=5 July 2019|website=France 24|access-date=10 July 2019}}</ref> According to the report 1569 cases of executions as consequence as a result of "resistance to authority" were registered by the Venezuelan authorities from 1 January to 19 March.<ref name="Fr24Michellereport" /> Other 52 deaths that occurred during 2019 protests have been attributed to colectivos.<ref>{{Cite web|url=https://news.un.org/en/story/2019/07/1041902|title=UN human rights chief 'hopeful' Venezuelan authorities are ready to address violations, calls for dialogue|date=4 July 2019|website=UN News|access-date=10 July 2019}}</ref> The report also details how the Venezuelan government has "aimed at neutralising, repressing and criminalising political opponents and people critical of the government" since 2016.<ref name="Fr24Michellereport" /> |
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During a speech in September 2019 to present the updated report in a UN meeting, Bachelet announced her concerns for possible the extra-judiciary killings carried out by the Venezuelan police after her visit in June.<ref name=":0">{{Cite news|url=https://www.reuters.com/article/us-venezuela-security-un-idUSKCN1VU1IB|title=Killings, torture still going on in Venezuela: U.N. rights chief|last=Nebehay|first=Stephanie|date=9 September 2019|work=Reuters|access-date=10 September 2019}}</ref> According to her, a non-governmental organization, Victims’ Monitor ({{Lang-es|Monitor de víctimas}}), reported 57 presumed extra-judiciary executions by FAES in Caracas in early July.<ref name=":0" /> Bachelet had called earlier for the dissolution of FAES, but she expressed that "On the contrary, the FAES have received support from the highest level of Government".<ref name=":0" /> Another concern in her speech was a proposed law to criminalize human rights organizations that receive money from abroad, a measure that according to [[Associated Press]], "could further erode democracy in Venezuela".<ref>{{Cite web|url=https://apnews.com/9f34f570f92649c290449b2367b11201|title=UN human rights chief cites continued abuses in Venezuela|last=Smith|first=Scott|date=9 September 2019|website=Associated Press|access-date=10 September 2019}}</ref> |
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=== PROVEA === |
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During the [[Macuto Bay raid]] in May 2020, eight people were killed, while 23 individuals were detained, in relation to the attempted incursion into Venezuela, including two US citizens. [[PROVEA]], a human rights organization tweeted for the protection of the human rights of the detained and added that they “only support and promote constitutional, peaceful and civil means to restore the country’s democracy.”. [[Nicolás Maduro]] accused PROVEA of receiving money from the [[Central Intelligence Agency]] of the US and of defending the rights of accused “terrorists” and “mercenaries” who he claimed, being “part of Donald Trump’s security forces.” [[Human Rights Watch]] denounced Maduro administration for carrying out a "smear campaign" against PROVEA, "expanding its crackdown on critics, opponents and journalists."<ref>{{cite web|url=https://www.hrw.org/news/2020/05/08/venezuelan-human-rights-group-under-attack|title=Venezuelan Human Rights Group Under Attack |access-date=8 May 2020|website=Human Rights Watch|date=8 May 2020 }}</ref> |
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== Civil and political rights == |
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:''See also [[Civil and political rights]]'' |
:''See also [[Civil and political rights]]'' |
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=== International Covenant on Civil and Political Rights === |
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===Press freedom=== |
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According to the [[International Covenant on Civil and Political Rights]] (ICCPR), "Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice".<ref>{{cite web |url=https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-4&chapter=4&clang=_en#top |title=International Covenant on Civil and Political Rights |access-date=7 November 2016 |archive-url=https://web.archive.org/web/20161108140021/https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-4&chapter=4&clang=_en#top |archive-date=8 November 2016 |url-status=live }}</ref> Specifically mentioned in Articles 18 and 19, freedom of expression and thought are guaranteed rights provided at the hand of sovereign states.<ref>{{cite web |url=http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx |title=International Covenant on Civil and Political Rights |website=United Nations Human Rights Committee: Office of the High Commissioner |publisher=United Nations |access-date=7 November 2016 |archive-url=https://web.archive.org/web/20161111085734/http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx |archive-date=11 November 2016 |url-status=live }}</ref> According to the United Nations Treaty Collection, Venezuela signed the ICCPR on 24 June 1969 and agreed to the competence of human rights law as mentioned in the covenant.<ref>{{cite web |url=http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx |title=United Nations Treaty Collection: 4. International Covenant on Civil and Political Rights |access-date=7 November 2016 |archive-url=https://web.archive.org/web/20161111085734/http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx |archive-date=11 November 2016 |url-status=live }}</ref> Thought not legally binding, signing the ICCPR represents and understand and signifies adherence to human rights standards expected of all United Nations member states. in 2015, the ICCPR concluded that Venezuela has been unable to uphold the agreements made upon the signing of the document and recommend that the country adopt measures to increase awareness of the covenant.<ref>{{cite web |title=CCPR – International Covenant on Civil and Political Rights |url=http://tbinternet.ohchr.org/_layouts/treatybodyexternal/SessionDetails1.aspx?SessionID=899&Lang=en |website=United Nations Human Right Office of the High Commissioner |publisher=United Nations Human Rights Committee |access-date=7 November 2016 |archive-url=https://web.archive.org/web/20171109044041/http://tbinternet.ohchr.org/_layouts/treatybodyexternal/SessionDetails1.aspx?SessionID=899&Lang=en |archive-date=9 November 2017 |url-status=live }}</ref> |
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=== Press freedom === |
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{{details|Media in Venezuela}} |
{{details|Media in Venezuela}} |
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The [[freedom of the press]] is mentioned by two key clauses in the 1999 [[Constitution of Venezuela]]. The right to freedom of expression is set out in Article 57 and Article 58 of the Constitution. The right to express opinions freely without censorship (Article 57) and the right to reply (Article 58) are generally in line with international standards. |
The [[freedom of the press]] is mentioned by two key clauses in the 1999 [[Constitution of Venezuela]]. The right to freedom of expression is set out in Article 57 and Article 58 of the Constitution. The right to express opinions freely without censorship (Article 57) and the right to reply (Article 58) are generally in line with international standards. However, the [[Inter-American Commission on Human Rights]] (IACHR) expressed concern about Article 58 of the [[Constitution]], which provides that "Everyone has the right to timely, truthful, impartial and uncensored information." The Commission took issue with the right to "truthful and timely" information arguing that this is "a kind of prior censorship prohibited in the [[American Convention on Human Rights]]."<ref>Canton, Santiago A. [http://cidh.oas.org/Comunicados/English/2002/Press5.02.htm Preliminary Evaluation by the IACHR of the Visit to the Bolivarian Republic of Venezuela.] {{Webarchive|url=https://web.archive.org/web/20080412112133/http://cidh.oas.org/Comunicados/English/2002/Press5.02.htm |date=12 April 2008 }} ''[[Inter-American Commission on Human Rights]]''. Retrieved 6 August 2006.</ref> |
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Concerns about freedom of the press in Venezuela have been raised by [[Human Rights Watch]],<ref>{{cite |
Concerns about freedom of the press in Venezuela have been raised by [[Human Rights Watch]],<ref>{{cite book |publisher=Human Rights Watch |url=https://www.hrw.org/en/world-report-2010/venezuela |title=Venezuela: Events of 2009 |date=20 January 2010 |access-date=3 February 2010 |archive-url=https://web.archive.org/web/20100131190011/http://www.hrw.org/en/world-report-2010/venezuela |archive-date=31 January 2010 |url-status=live }}</ref><ref>{{cite news |title=Report accuses Chávez of undermining democracy in Venezuela |url=https://www.theguardian.com/world/2008/sep/18/venezuela.humanrights |author=Carroll, Rory |date=18 September 2008 |work=The Guardian |access-date=4 February 2010 |location=London |archive-url=https://web.archive.org/web/20130902230305/http://www.theguardian.com/world/2008/sep/18/venezuela.humanrights |archive-date=2 September 2013 |url-status=live }}</ref> [[Amnesty International]],<ref>{{cite web |url=https://www.amnesty.org/en/for-media/press-releases/venezuela-globovisi%C3%B3n-attack-must-be-urgently-investigated-and-journalis |title=Venezuela: Globovisión attack must be urgently investigated and journalists protected |date=4 August 2009 |publisher=Amnesty International |access-date=3 February 2010 |url-status=dead |archive-url=https://web.archive.org/web/20100217062438/http://www.amnesty.org/en/for-media/press-releases/venezuela-globovisi%C3%B3n-attack-must-be-urgently-investigated-and-journalis |archive-date=17 February 2010}}</ref> the [[Inter American Press Association]],<ref>{{cite press release |url=http://www.sipiapa.org/v4/index.php?page=cont_comunicados&seccion=detalles&id=4229&idioma=us |title=IAPA condemns harsh blow to Venezuela's democracy |publisher=Inter American Press Association |date=31 July 2009 |access-date=3 February 2010 |archive-url=https://web.archive.org/web/20110719232057/http://www.sipiapa.org/v4/index.php?page=cont_comunicados&seccion=detalles&id=4229&idioma=us |archive-date=19 July 2011 |url-status=live }}</ref> the [[International Press Institute]],<ref>{{cite press release |url=http://www.freemedia.at/press-room/public-statements/singleview/2070/ |title=Resolutions Passed by the Coordinating Committee of Press Freedom Organisations on 18 June 2008 |date=18 June 2008 |publisher=International Press Institute |access-date=3 February 2010 |url-status=dead |archive-url=https://web.archive.org/web/20110608212529/http://www.freemedia.at/press-room/public-statements/singleview/2070/ |archive-date=8 June 2011}}</ref> the [[United States Department of State]],<ref>{{cite web |url=https://www.state.gov/g/drl/rls/hrrpt/2008/wha/119177.htm |title=2008 Human Rights Report: Venezuela |work=Bureau of Democracy, Human Rights, and Labor: 2008 Country Reports on Human Rights Practices |publisher=U.S. Department of State |date=25 February 2009 |access-date=3 February 2010 |archive-url=https://web.archive.org/web/20100228084025/http://www.state.gov/g/drl/rls/hrrpt/2008/wha/119177.htm |archive-date=28 February 2010 |url-status=dead }}</ref> [[Reporters without Borders]],<ref>{{cite web |url=http://www.rsf.org/In-cure-worse-than-cold.html |title=In 'cure worse than cold,' Globovisión waits to be stripped of broadcast frequency |date=23 June 2009 |publisher=Reporters without Borders |access-date=3 February 2010 |url-status=dead |archive-url=https://web.archive.org/web/20090627035944/http://www.rsf.org/In-cure-worse-than-cold.html |archive-date=27 June 2009}}</ref><ref>{{cite news |title=Head of Venezuelan TV station: Raid of home was scare tactic |url=http://www.cnn.com/2009/WORLD/americas/05/21/venezuela.globovision/index.html |publisher=CNN |date=23 May 2009 |access-date=4 February 2010 |author=Brice, Arthur |archive-url=https://web.archive.org/web/20090706065548/http://www.cnn.com/2009/WORLD/americas/05/21/venezuela.globovision/index.html |archive-date=6 July 2009 |url-status=live }}</ref> representatives of the [[Catholic Church]], the [[Inter-American Commission on Human Rights]], and others.<ref>{{cite news |agency=Associated Press |date=28 May 2009 |title=In Venezuela, hundreds march for press freedom |author=Jones, Rachel |publisher=Lexis Nexis |quote=Human Rights Watch and press freedom groups have criticized the investigation, saying it aims to harass Chavez's opponents.}}</ref><ref>{{cite news |date=11 June 2009 |work=SHOW: Morning Edition 10:00 am EST NPR |title=Venezuela Threatens To Close Opposition TV Station |publisher=National Public Radio (NPR); LexisNexis |quote=In Venezuela, President Hugo Chávez's government is moving against this TV station, which has press freedom groups raising questions about the future of democracy in a highly polarized country.}}</ref><ref>{{cite news |agency=Associated Press |date=17 September 2009 |title=Venezuela a top concern at press freedom forum |author=James, Ian |publisher=LexisNexis |quote=Press freedom groups condemn Venezuela's recent shutdown of radio stations as part of a broader strategy by President Hugo Chávez to progressively clamp down on the private news media and they want to put a stop to it. ... Newspaper executives who lead the Miami-based Inter American Press Association say Venezuela will be at the top of their list as they gather in Caracas for an emergency forum Friday to discuss freedom of expression in the Americas.}}</ref><ref>{{cite news |work=Agence France Presse -- English |date=12 June 2009 |title=US calls for free press in Venezuela, Latin America |publisher=LexisNexis |quote=The United States called Friday on the Venezuelan and other Latin American governments to stop intimidating the news media and take action to uphold a free press. ... On Tuesday, the International Press Institute, a media advocacy group, denounced the deterioration of press freedom in Venezuela and in particular the Chavez government's harassment of Globovision.}}</ref><ref>{{cite news |url=https://www.washingtonpost.com/wp-dyn/content/article/2010/01/25/AR2010012502300_2.html |title=Removal of anti-Chavez TV channel spurs protests |author=Sanchez, Fabiola |date=25 January 2010 |quote=Press freedom organizations and Roman Catholic leaders condemned RCTV's removal from cable, calling it part of a broader effort to mute government critics. ... Paris-based Reporters Without Borders said the government's move is "an allergic reaction to dissident voices within the country's leading broadcast media." ... U.S. State Department Spokesman P.J. Crowley echoed earlier comments by the U.S. Embassy that Washington is concerned. |newspaper=The Washington Post}}{{dead link|date=June 2021|bot=medic}}{{cbignore|bot=medic}}</ref> Since 2003, Freedom House has ranked Venezuela as "not free" concerning press freedom,<ref name=FHpressfreedom2003>{{cite web |title=FREEDOM OF THE PRESS 2003 |url=https://freedomhouse.org/sites/default/files/FOTP%202003%20Full%20Report.pdf |website=Freedom House |access-date=16 December 2014 |archive-url=https://web.archive.org/web/20150516134448/https://freedomhouse.org/sites/default/files/FOTP%202003%20Full%20Report.pdf |archive-date=16 May 2015 |url-status=live }}</ref> with it remaining at that ranking as of 2014.<ref name=FHpressfreedom2014>{{cite web |title=FREEDOM OF THE PRESS 2014 |url=https://freedomhouse.org/sites/default/files/FOTP_2014.pdf |website=Freedom House |access-date=16 December 2014 |archive-url=https://web.archive.org/web/20150114160202/https://freedomhouse.org/sites/default/files/FOTP_2014.pdf |archive-date=14 January 2015 |url-status=live }}</ref> |
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On 27 May 2007, president [[Hugo Chávez]] decided shut down the channel by refusing to renew their [[Broadcast license|broadcast concession]], accusing the channel of being involved in the [[2002 Venezuelan coup d'état attempt|2002 coup d'état in Venezuela]], which briefly overthrew his government.<ref name="RSF3">{{cite news|date=May 30, 2007|title=Hugo Chavez Versus RCTV|newspaper=The Los Angeles Times|url=http://www.commondreams.org/archive/2007/05/30/1534|access-date=2007-06-15}}</ref><ref name="RSF22">{{cite web|date=May 30, 2007|title=Easy to See the Speck in the Other's Eye|url=http://www.rethinkvenezuela.com/news/05-30-07ips.html|access-date=2007-06-05|publisher=Inter Press Service|archive-date=20 July 2011|archive-url=https://web.archive.org/web/20110720144437/http://www.rethinkvenezuela.com/news/05-30-07ips.html|url-status=dead}}</ref> In March 2009 the [[Inter-American Court of Human Rights]] concluded two cases brought against Venezuela by the private Venezuelan TV stations [[Globovisión]] and RCTV. It concluded that the Venezuelan government had failed to do enough to prevent and punish acts of intimidation against journalists by third parties, as required by the [[American Convention on Human Rights]].<ref>{{cite web |title=Inter American Court of Human Rights |publisher=[[Inter-American Court of Human Rights|IACHR]] |date=23 March 2009 |url=http://www.corteidh.or.cr/docs/comunicados/cp_02_09_esp.pdf |access-date=1 July 2009 |archive-url=https://web.archive.org/web/20110522191400/http://www.corteidh.or.cr/docs/comunicados/cp_02_09_esp.pdf |archive-date=22 May 2011 |url-status=live }}</ref> On 7 September, 2015, the [[Inter-American Court of Human Rights]] ruled that the refusal to renew the concession was an "indirect restriction on the exercise of freedom of expression [...] aimed at impeding the communication and circulation of ideas and opinions", that the government violated the right to due process and that it must restore the concession for RCTV. The Venezuelan government has ignored the ruling.<ref name=":02">[http://globovision.com/corteidh-ordena-restablecer-frecuencia-a-rctv/ CorteIDH ordena restablecer frecuencia a RCTV] {{webarchive|url=https://web.archive.org/web/20151113085202/http://globovision.com/corteidh-ordena-restablecer-frecuencia-a-rctv/|date=November 13, 2015}}, ''Globovisión'' 7 September 2015</ref> |
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The issue of press freedom in Venezuela is complicated by the way in which the [[Media representation of Hugo Chávez|private media's strong opposition]] to the Presidency and policies of [[Hugo Chávez]] has extended to support for non-electoral means of removing him from office, including the [[2002 Venezuelan coup d'état attempt]]. In May 2007 [[RCTV]]'s terrestrial broadcast licence was not renewed on the basis of its support for the coup; it continues to broadcast by satellite and cable. After [[RCTV]] lost its terrestrial broadcast licence, private television media remained opposed to the Chavez government, but in most cases moderated that opposition by presenting more government spokesmen;{{Lopsided|date=January 2010}}<ref name=cp210607>''[[CounterPunch]]'', 21 June 2007, [http://www.counterpunch.org/liebertz06212007.html An Analysis of How the Network Has Deliberately Misinformed Its Viewers: Fox News and Venezuela]</ref> |
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In March 2019, an independent Venezuelan journalist [[Luis Carlos Díaz]] was arbitrarily detained on the accusations of causing the massive [[2019 Venezuelan blackout|blackout in the country]]. Díaz told his wife that during the search, the intelligence agents beat him with his helmet, took away his phone, computer and cash and threatened him to plant a corpse in his house and accuse him of homicide if he spoke about the arrest to anyone.<ref>{{cite web|url= https://www.hrw.org/news/2019/03/12/venezuela-journalist-detained-accused-causing-blackout|title=Venezuela: Journalist Detained, Accused of Causing Blackout|date=12 March 2019 |publisher=Human Rights Watch|access-date=12 March 2019}}</ref> Díaz was held in the infamous [[El Helicoide]] prison in [[Caracas]].<ref>{{cite web|url= https://www.buzzfeednews.com/article/hayesbrown/luis-carlos-diaz-detained-venezuela-blackout|title=Venezuelan Journalist Luis Carlos Díaz Was Detained After Reporting On His Country's Blackout|access-date=12 March 2019|publisher=BuzzFeed News}}</ref> |
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In March 2009 the [[Inter-American Court of Human Rights]] concluded two cases brought against Venezuela by the private Venezuelan TV stations [[Globovisión]] and [[RCTV]]. It concluded that the Venezuelan government had failed to do enough to prevent and punish acts of intimidation against journalists by third parties, as required by the [[American Convention on Human Rights]].<ref>{{cite web|title = Inter American Court of Human Rights|publisher=[[IACHR]]|date = 23 March 2009|url = http://www.corteidh.or.cr/docs/comunicados/cp_02_09_esp.pdf|accessdate = 1 July 2009}}</ref> In May 2009 Venezuela's Supreme Court denied a request for a restraining order brought by a charitable foundation against RCTV and Globovision. The foundation had argued that the TV stations had incited violence and encouraged a coup d'état against the government, and that this was a violation of Article 58 of the Constitution. The foundation also accused the stations of false reporting over alleged links between [[FARC]] and the Chavez government. The Court said a restraining order required an "immediate and executable" threat.{{Unreliable source?|date=January 2010}}<ref>{{Unreliable source?|date=January 2010}} Venezuelanalysis.com, 8 May 2009, [http://www.venezuelanalysis.com/news/4430 Venezuelan Supreme Court Denies Restraining Order Against RCTV and Globovision]</ref> |
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===Administration of justice=== |
=== Administration of justice === |
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{{Expand section|date=January 2010}} |
{{Expand section|date=January 2010}} |
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Venezuela's justice system |
There have been problems with Venezuela's justice system throughout its democratic period (since 1958).<ref name=ungar>Mark Ungar (2002), ''[https://books.google.com/books?id=ARzLJDAOs_MC&q=disip+1958 Elusive reform: democracy and the rule of law in Latin America]''</ref> In addition to weak legislative oversight, the Venezuelan military exercises more authority over the judicial process than in most other countries. Crimes against "the independence and security of the nation, against liberty and against the public order" may be sent to military judges, and the armed forces control most law enforcement relating to border areas, actions by military personnel or by civilians in military-controlled areas, and crimes covered by both military and civilian law.<ref>Mark Ungar (2002), ''[https://books.google.com/books?id=ARzLJDAOs_MC&q=disip+1958 Elusive reform: democracy and the rule of law in Latin America]'', p100</ref> Venezuelan law gives the police more authority than it does in most countries, and they have a central role in initiating and operating judicial proceedings; "the police have gradually assumed many of the functions of both the [Justice Ministry] and investigating judges".<ref name="Ungar 2002:105">Ungar (2002:105)</ref> "This power has allowed abuses to spread throughout the judicial process", including regular use of false witnesses, invented facts and destroyed evidence, and false charges, as well as the defiance of court orders, protection of accused officials, and harassment of political activists.<ref name="Ungar 2002:105" /> It has also meant that the justice system has long been particularly poor at investigating alleged abuses by state agents.<ref>For example, through the use of ''nudo hecho'' proceedings, which involve investigations of state agents (especially police) which allow them to remain on active duty, and often delay criminal proceedings (or make them impossible, if they take so long that statutes of limitation apply) – HRW93, p15</ref> |
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A 1993 [[Human Rights Watch]] report declared that "the administration of justice is in crisis. [Civilian] courts are undermined by politicization, corruption, inefficiency and lack of resources."<ref name= |
A 1993 [[Human Rights Watch]] report declared that "the administration of justice is in crisis. [Civilian] courts are undermined by politicization, corruption, inefficiency and lack of resources."<ref name="HRW93p11">[https://books.google.com/books?id=wDIhkigqO-sC&q=%22human+rights%22+venezuela] p11. The report notes that "such problems are not limited to the courts; they are said to plague most Venezuelan public institutions..."</ref> Part of the problem was identified as the "pivotal role" of the judge in criminal trials in managing investigations, including directing the [[Cuerpo Tecnico de Policia Judicial|Judicial Technical Police]]. Complex cases can overwhelm even conscientious judges, and the system easily provides "plausible cover for judicial inaction".<ref name="HRW93, p12">HRW93, p12</ref> The report noted that "the perception is widespread – among lawyers, judges and fiscales as well as ordinary citizens – that corruption has tainted every level of the judicial system..."<ref name="HRW93, p12" /> Prior to 1991, the appointment of judges (via the Judicial Council) was said to be "frankly partisan"; subsequently, open competition and objective criteria mitigated the influence of politics to an extent.<ref name="HRW93, p13">HRW93, p13</ref> |
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A major long-term problem has been the failure of justice arising from structural delays in the justice system:<ref name="HRW93, p13"/> in 1990 the average court received 675 new cases, and reached decisions on 120. In Caracas the average court took 286 days to complete the investigation phase of trials, against the legal maximum of 34; and 794 days to reach the sentencing phase, against the legal maximum of 68. As a result of the judicial backlog, many prisoners eventually convicted will have spent longer in detention at the time of sentencing than the maximum sentence permitted for their crimes. The backlog also contributes significantly to the overcrowding of Venezuela's prisons.{{Chronology citation needed|date=May 2011}}<ref name="HRW93, p13"/> |
A major long-term problem has been the failure of justice arising from structural delays in the justice system:<ref name="HRW93, p13" /> in 1990 the average court received 675 new cases, and reached decisions on 120. In Caracas the average court took 286 days to complete the investigation phase of trials, against the legal maximum of 34; and 794 days to reach the sentencing phase, against the legal maximum of 68. As a result of the judicial backlog, many prisoners eventually convicted will have spent longer in detention at the time of sentencing than the maximum sentence permitted for their crimes. The backlog also contributes significantly to the overcrowding of Venezuela's prisons.{{Chronology citation needed|date=May 2011}}<ref name="HRW93, p13" /> |
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===Political prisoners |
=== Political prisoners === |
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{{main|Political prisoners in Venezuela}} |
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Venezuela is a country where the political opposition alleges that there are [[political prisoner]]s. Human rights and legal policy groups say that there are more than 40 political prisoners in Venezuela, and that 2,000 Chávez opponents are under investigation.<ref>[http://www.washingtonpost.com/wp-dyn/content/article/2009/10/04/AR2009100402866_pf.html Politics and prison in Venezuela]</ref> Venezuela's political opposition complains that the justice system is controlled by the government and is used as a political instrument against Chavez' opponents.<ref>[http://www.guardian.co.uk/world/feedarticle/8857391 Jailing of judge provokes debate in Venezuela]</ref> The opposition cites corruption charges filed against a variety of opposition figures, including opposition leader [[Manuel Rosales]], former Defense Minister [[Raul Baduel]], and former Governors [[Eduardo Manuitt]] and [[Didalco Bolivar]].<ref>[http://www.tellchavez.com/en/ Tell Chavez]</ref> |
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[[File:Venezuela's arbitrary detentions per Foro Penal.png|thumb|300px|Arbitrary detentions in Venezuela between 2014 and 2019 according to Foro Penal. Arrests by year in blue and total arrests in red.]] |
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Venezuela is a country where the [[political prisoner]]s has escalated significantly.<ref name= PoliticalDetentions/> The NGO [[Foro Penal]] says there were more than 900 political prisoners in Venezuela as of March 2019,<ref name=PoliticalDetentions/> and human rights groups have said that 2,000 Chávez opponents have been under investigation.<ref>[https://www.washingtonpost.com/wp-dyn/content/article/2009/10/04/AR2009100402866_pf.html Politics and prison in Venezuela]</ref> Venezuela's political opposition complains that the justice system is controlled by the government and is used as a political instrument against Chavez's opponents.<ref>[https://www.theguardian.com/world/feedarticle/8857391 Jailing of judge provokes debate in Venezuela]</ref> The opposition cites corruption charges filed against a variety of opposition figures, including opposition leader [[Manuel Rosales]], former Defense Minister [[Raúl Baduel]], and former Governors [[Eduardo Manuitt]] and [[Didalco Bolívar]].<ref>[http://www.tellchavez.com/en/ Tell Chavez]</ref> |
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The opposition also claims that government of Hugo Chávez targeted university students. Some have been jailed under charges of "destabilizing the government," or "inciting civil war." Students have launched hunger strikes over the government's treatment of |
The opposition also claims that the government of Hugo Chávez targeted university students. Some have been jailed under charges of "destabilizing the government," or "inciting civil war." Students have launched hunger strikes over the government's alleged treatment of political prisoners.<ref>[http://edition.cnn.com/2009/WORLD/americas/12/08/venezuela.hunger.strike/ Venezuelan protesters end hunger strike over prisoners]</ref> According to [[Foro Penal]], as of 4 June 2018 there were 973 political prisoners nationwide.<ref>{{Cite web|url=http://www.el-nacional.com/noticias/politica/foro-penal-asegura-que-hay-973-presos-politicos-venezuela_284339|title=Foro Penal asegura que hay 973 presos políticos en Venezuela|last=Nacional|first=El|date=2019-06-04|website=El Nacional|language=es|access-date=2019-06-05}}</ref><ref>{{cite web |title=Presos Políticos a Nivel Nacional |url=https://foropenal.com/presos-politicos/ |website=Foro Penal |access-date=28 March 2018 |archive-url=https://web.archive.org/web/20180327193635/https://foropenal.com/presos-politicos/ |archive-date=27 March 2018 |url-status=live }}</ref> |
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The torture of political prisoners has included the capture, mistreatment and in some cases killing of their pets.<ref>{{Cite web|url=https://cronica.uno/tortura-a-presos-politicos-incluye-tratos-crueles-y-encierro-de-sus-mascotas/|title=Tortura a presos políticos incluye tratos crueles y encierro de sus mascotas|last=Marra|first=Yohana|date=1 February 2020|website=Crónica Uno|language=es|access-date=2 February 2020}}</ref><ref>{{Cite web|date=2020-08-20|title=Thor, la mascota de un preso político que encerraron por 22 meses en el Sebin|url=https://cronica.uno/thor-la-mascota-de-un-preso-politico-que-encerraron-por-22-meses-en-el-sebin/|access-date=2021-12-29|website=Crónica Uno|language=es}}</ref> |
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====Eligio Cedeno ==== |
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{{Main|Trial of Eligio Cedeño}} |
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In 2007, Eligio Cedeno, then President of [[Bolivar-Banpro Financial Group]], was arrested in a crackdown by Venezuelan officials on individuals circumventing government currency rules to gain [[U.S. dollars]]. On 8 February 2007, Cedeño was accused by the Venezuelan Attorney General of aiding Consorcio MicroStar with illegal dollar transactions.<ref name=iht20070210>{{cite web|url=http://www.iht.com/articles/ap/2007/02/10/business/LA-FIN-Venezuela-Dollar-Crackdown.php|title=Venezuelan bank president detained in crack down on illegal dollar transactions|work=[[International Herald Tribune]]|date=8 February 2007}}</ref><ref>{{cite web|url=http://www.unionradio.net/Noticias/Noticia.aspx?noticiaid=196132|title=Interpol captura en Panamá a Gustavo Arraíz imputado por caso Microstar|publisher=[http://www.unionradio.com.ve/ UnionRadio.net]|date=1 March 2007}}</ref><ref>{{cite web|url=http://noticiero.venevision.net/index_not.asp?id_noticia=20070326001704&id_seccion=04|title=Fiscalía realizó nueva acusación por caso Microstar|publisher=[http://noticiero.venevision.net/index_not.asp?id_noticia=20070326001704&id_seccion=04 Venevision.com]|date=26 March 2007}}</ref><ref>{{cite web|url=http://deportes.eluniversal.com/2007/03/05/suc_ava_05A841609.shtml|title=Detienen en Panamá a solicitado por caso Microstar |
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|publisher=[http://www.eluniversal.com/index.shtml El Universal]|date=5 March 2007}}</ref> Over the next year prosecutors repeatedly failed to turn up for court dates, leading to accusations that the case was being strung out due to a lack of evidence.<ref name=reuters20080319>{{cite news|url=http://www.reuters.com/article/pressRelease/idUS148609+19-Mar-2008+PRN20080319|title=Cedeno Trial Postponed for Fourth Time in a Month|publisher=[[Reuters]]|date=19 March 2008}}</ref> Partly as a result, the [[United Nations]]' [[Working Group on Arbitrary Detention]] in September 2009 declared Cedeno's detention arbitrary.<ref>''[[The Guardian]]'', 17 December 2009, [http://www.guardian.co.uk/world/2009/dec/17/venezuela-judge-chavez UN human rights panel accuses Chávez of undermining Venezuelan judges]</ref> |
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==== Eligio Cedeño ==== |
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Held in jail pending trial for 34 months, Cedeño was paroled on 10 December 2009. By the 19th Cedeño had fled to the United States, where he was detained by U.S. Immigration and Customs Enforcement until 23 December 2009 when he was released on parole pending an immigration hearing.<ref>{{cite news|url=http://online.wsj.com/article/BT-CO-20091223-709216.html|title=UPDATE: Venezuelan Banker, Wanted Back Home, Is Paroled In US|publisher=[[WSJ]]|date=23 December 2009|deadurl=yes}} {{Dead link|date=September 2010|bot=RjwilmsiBot}}</ref> |
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In 2007, [[Eligio Cedeño]], then President of [[Bolivar-Banpro Financial Group]], was arrested in a crackdown by Venezuelan officials on individuals circumventing government currency rules to gain [[U.S. dollars]]. On 8 February 2007, Cedeño was accused by the Venezuelan Attorney General of aiding Consorcio MicroStar with illegal dollar transactions.<ref name=iht20070210>{{cite web |url=http://www.iht.com/articles/ap/2007/02/10/business/LA-FIN-Venezuela-Dollar-Crackdown.php |title=Venezuelan bank president detained in crack down on illegal dollar transactions |work=[[International Herald Tribune]] |date=8 February 2007 |access-date=17 February 2010 |archive-url=https://web.archive.org/web/20070402231043/http://www.iht.com/articles/ap/2007/02/10/business/LA-FIN-Venezuela-Dollar-Crackdown.php |archive-date=2 April 2007 |url-status=live }}</ref><ref>{{cite web |url=http://www.unionradio.net/Noticias/Noticia.aspx?noticiaid=196132 |title=Interpol captura en Panamá a Gustavo Arraíz imputado por caso Microstar |publisher=UnionRadio.net |date=1 March 2007 |url-status=dead |archive-url=https://web.archive.org/web/20080507153638/http://www.unionradio.net/Noticias/Noticia.aspx?noticiaid=196132 |archive-date=7 May 2008}}</ref><ref>{{cite web |url=http://noticiero.venevision.net/index_not.asp?id_noticia=20070326001704&id_seccion=04 |title=Fiscalía realizó nueva acusación por caso Microstar |publisher=Venevision.com |date=26 March 2007 |url-status=dead |archive-url=https://web.archive.org/web/20080507041111/http://noticiero.venevision.net/index_not.asp?id_noticia=20070326001704&id_seccion=04 |archive-date=7 May 2008 }}</ref><ref>{{cite news |url=http://deportes.eluniversal.com/2007/03/05/suc_ava_05A841609.shtml |archive-url=https://web.archive.org/web/20080506201928/http://deportes.eluniversal.com/2007/03/05/suc_ava_05A841609.shtml |url-status=dead |archive-date=6 May 2008 |title=Detienen en Panamá a solicitado por caso Microstar |newspaper=El Universal |date=5 March 2007}}</ref> Over the next year, prosecutors repeatedly failed to turn up for court dates, leading to accusations that the case was being made to take unnecessarily long due to a lack of evidence.<ref name=reuters20080319>{{cite news |url=https://www.reuters.com/article/pressRelease/idUS148609+19-Mar-2008+PRN20080319 |title=Cedeno Trial Postponed for Fourth Time in a Month |work=[[Reuters]] |date=19 March 2008 |access-date=1 July 2017 |archive-url=https://archive.today/20120703161630/http://www.reuters.com/article/pressRelease/idUS148609+19-Mar-2008+PRN20080319 |archive-date=3 July 2012 |url-status=dead }}</ref> Partly as a result, the [[United Nations]]' [[Working Group on Arbitrary Detention]] declared Cedeño's detention arbitrary in September 2009.<ref>''[[The Guardian]]'', 17 December 2009, [https://www.theguardian.com/world/2009/dec/17/venezuela-judge-chavez UN human rights panel accuses Chávez of undermining Venezuelan judges] {{Webarchive|url=https://web.archive.org/web/20161202005135/https://www.theguardian.com/world/2009/dec/17/venezuela-judge-chavez |date=2 December 2016 }}</ref> |
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Held in jail pending trial for 34 months, Cedeño was paroled on 10 December 2009. By the 19th Cedeño had fled to the United States, where he was detained by U.S. Immigration and Customs Enforcement until 23 December 2009, when he was released on parole pending an immigration hearing.<ref>{{cite news |url=https://www.wsj.com/article/BT-CO-20091223-709216.html |title=UPDATE: Venezuelan Banker, Wanted Back Home, Is Paroled in US |work=[[The Wall Street Journal]] |date=23 December 2009}} {{dead link|date=September 2010|bot=RjwilmsiBot}}</ref> |
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Cedeño claims that he became a target of the Chávez government, as a consequence of his support for political |
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opponents of Chávez.<ref>[http://www.robertamsterdam.com/venezuela/Bolivarian%20Rule%20of%20Lawlessness.pdf Bolivarian rule of lawlesness]</ref><ref>[http://www.prnewswire.com/news-releases/venezuelan-president-hugo-chavez-abuses-extradition-treaties-says-lawyer-80267617.html Venezuelan President Hugo Chavez Abuses Extradition Treaties, Says Lawyer]</ref> |
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Cedeño claims that he became a target of the Chávez government as a consequence of his support for its political opponents.<ref>[http://www.robertamsterdam.com/venezuela/Bolivarian%20Rule%20of%20Lawlessness.pdf Bolivarian rule of lawlessness] {{webarchive|url=https://web.archive.org/web/20100108074252/http://www.robertamsterdam.com/venezuela/Bolivarian%20Rule%20of%20Lawlessness.pdf |date=8 January 2010 }}</ref><ref>[http://www.prnewswire.com/news-releases/venezuelan-president-hugo-chavez-abuses-extradition-treaties-says-lawyer-80267617.html Venezuelan President Hugo Chavez Abuses Extradition Treaties, Says Lawyer]</ref> |
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====Judge María Lourdes Afiuni==== |
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{{Main|Detention of Maria Lourdes Afiuni}} |
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Judge Maria Lourdes Afiuni was arrested after ordering the release of Eligio Cedeño on corruption charges. |
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==== Judge María Lourdes Afiuni ==== |
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In December 2009 three independent human rights experts of the [[United Nations]]' [[Working Group on Arbitrary Detention]] called for her immediate and unconditional release.<ref>[http://www.un.org/apps/news/story.asp?NewsID=33273&Cr=judges&Cr1 Venezuelan leader violates independence of judiciary – UN rights experts]</ref><ref>[http://www.latimes.com/news/nation-and-world/la-fg-venezuela17-2009dec17,0,7129748.story U.N. criticizes Venezuela's President Chavez for judge's arrest]</ref> |
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Judge [[María Lourdes Afiuni]] was arrested after ordering the release of Eligio Cedeño on corruption charges. |
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In December 2009, three independent human rights experts of the [[United Nations]]' [[Working Group on Arbitrary Detention]] called for her immediate and unconditional release.<ref>{{Cite web|url=https://news.un.org/en/story/2009/12/324512-venezuelan-leader-violates-independence-judiciary-un-rights-experts|title=Venezuelan leader violates independence of judiciary – UN rights experts|date=2009-12-16|website=UN News|language=en|access-date=2019-07-10}}</ref><ref>{{Cite web|url=https://www.latimes.com/|title=News from California, the nation and world|website=[[Los Angeles Times]]|access-date=2019-07-10}}</ref> Judge María Lourdes Afiuni was detained 15 minutes after granting parole to above mentioned Eligio Cedeño. Afiuni was held for 14 months in a maximum-security prison with individuals she had previously sentenced before she was granted house arrest in 2011 due to her health following lack of medical treatment and an emergency operation due to physical abuse. In 2013, Afiuni was granted parole.<ref>{{Cite web|url=https://freedomhouse.org/article/venezuela-violates-rights-judge-afiuni-trial|title=Venezuela Violates Rights of Judge Afiuni in Trial|date=2016-11-23|website=freedomhouse.org|language=en|access-date=2019-07-10}}</ref> The case of Afiuni is symbolic of the "lack of judicial independence in the country."{{Citation needed|date=September 2021}} |
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====Richard Blanco==== |
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Richard Blanco, a male local government official from Caracas, was arrested in Caracas in August 2009, charged with inciting violence and injuring a police officer during a demonstration. Amnesty International said that "his detention appears to be politically motivated", saying that the video evidence provided to support the charges did not show any evidence of violence or incitement by Blanco. Amnesty asked for his liberation.<ref>[http://www.amnesty.org/en/library/info/AMR53/009/2009/en Venezuela Government official held in Venezuela]</ref><ref>[http://www.amnestyusa.org/actioncenter/actions/uaa34609.pdf Amnesty International Urgent Action Richard Blanco]</ref> He was freed on bail in April 2010.<ref>http://www.amnesty.org/en/library/asset/AMR53/005/2010/en/eefdc584-76ee-434e-8d4b-67738bf46590/amr530052010en.html</ref> |
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==== Richard Blanco ==== |
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Richard Blanco, a male local government official from Caracas, was arrested in Caracas in August 2009, charged with inciting violence and injuring a police officer during a demonstration. Amnesty International said that "his detention appears to be politically motivated", saying that the video evidence provided to support the charges did not show any evidence of violence or incitement by Blanco. Amnesty asked for his liberation.<ref>{{Cite web|url=https://www.amnesty.org/en/documents/document/?indexNumber=AMR53%2f009%2f2009&language=en|title=Document|website=www.amnesty.org|language=en|access-date=2019-07-10}}</ref><ref>{{Cite web|url=http://www.amnestyusa.org/actioncenter/actions/uaa34609.pdf|archive-url=https://www.webcitation.org/5tzBnSwMs?url=http://www.amnestyusa.org/actioncenter/actions/uaa34609.pdf|url-status=dead|archive-date=2010-11-04|title=WebCite query result|website=www.webcitation.org|access-date=2019-07-10}}</ref> He was freed on bail in April 2010.<ref>{{Cite web|url=https://www.amnesty.org/en/documents/document/?indexNumber=amr53%2f005%2f2010&language=en|title=Document|website=www.amnesty.org|language=en|access-date=2019-07-10}}</ref> |
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Human rights groups consider López as "Latin America's most prominent political prisoner".<ref name=FOXdec2014>{{cite news|title=Jailed Venezuelan opposition leader Leopoldo Lopez calls for more protests|url=http://latino.foxnews.com/latino/politics/2014/12/15/jailed-venezuelan-opposition-leader-leopoldo-lopez-calls-for-more-protests/|accessdate=16 December 2014|agency=Fox News Latino|date=15 December 2014}}</ref> On February 18, Leopoldo López turned himself in to the Venezuelan National Guard after leading protests in the county.<ref name=fourdeaths>{{cite web |url=http://www.reuters.com/article/2014/02/17/us-venezuela-protests-idUSBREA1F0SQ20140217 |title=Venezuela's Lopez says ready for arrest at Tuesday march |last1=Wallis |first1=Daniel |last2=Chinea |first2=Eyanir |date=16 February 2014 |website=reuters.com |publisher=Thomson Reuters |accessdate=16 February 2014}}</ref> López turned himself in among thousands of cheering supporters, who, like him, wore white as a symbol of nonviolence. He gave a short speech in which he said that he hoped his arrest would awaken Venezuela to the corruption and economic disaster caused by socialist rule. The only alternative to accepting arrest, he said, standing on a statue of Jose Marti, was to “leave the country, and I will never leave Venezuela!”<ref name=cnnprof>{{cite web| title =The face of Venezuela's opposition| work =[[CNN]]| url =http://www.cnn.com/2014/02/21/world/americas/profile-leopoldo-López/index.html|author=Rafael Romo|date=February 22, 2014|accessdate=30 May 2014}}</ref> Hours after the arrest,President Maduro addressed a cheering crowd of supporters in red, saying that he would not tolerate "psychological warfare" by his opponents and that López must be held responsible for his "treasonous acts."<ref name="goodmanAP">{{cite web | url=http://www.sfgate.com/news/crime/article/Venezuela-opp-n-leader-arrested-before-supporters-5243355.php | title=Venezuela opposition leader jailed over protests | publisher=San Francisco Chronicle | work=Associated Press | date=18 February 2014 | accessdate=22 February 2014 | author=Goodman, Joshua}}</ref> |
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==== Leopoldo López ==== |
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López was denied bail and is being held in the [[Ramo Verde Prison|Ramo Verde military prison]] outside of Caracas.<ref name=MurderCharges>{{cite web |url= http://www.cnn.com/2014/02/20/world/americas/venezuela-protests/index.html |title= Murder charges against Venezuela opposition leader dropped |author= Castillo, Mariano and Ed Payne | publisher= CNN |date= 20 February 2014 |accessdate= 23 February 2014}}</ref><ref>{{cite web |url=http://www.bbc.com/news/world-latin-america-26793545|title= Venezuelan opposition leader Leopoldo Lopez denied bail |publisher= BBC News |date= 28 March 2014 |accessdate=22 April 2014}}</ref> In a July 2014 press release, Lopez' wife stated that his visitation rights had been revoked and that he was now subject to psychological tortures including isolation.<ref>{{cite web| last =Poleo| first =Helena| title =Imprisoned opposition leader subjected to psychological torture, wife claims| work =Local10| date =Jul 14, 2014| url =http://www.local10.com/news/imprisoned-opposition-leader-subjected-to-psychological-torture-wife-claims/26946610}}</ref> Chilean lawyer and secretary of a mission of [[Socialist International]], José Antonio Viera-Gallo, stated that in the case of López, Socialist International "confirmed human right violations against a political leader" giving examples of when López and others trying to communicate with their families, authorities sound loud sirens preventing communication.<ref name=EUsiNOV2014>{{cite news|title=Socialist International rejects detention of dissenter Leopoldo López|url=http://www.eluniversal.com/nacional-y-politica/141117/socialist-international-rejects-detention-of-dissenter-leopoldo-lopez|accessdate=14 December 2014|agency=El Universal|date=17 November 2014}}</ref> |
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Human rights groups consider López as "Latin America's most prominent political prisoner."<ref name=FOXdec2014>{{cite news |title=Jailed Venezuelan opposition leader Leopoldo Lopez calls for more protests |url=http://latino.foxnews.com/latino/politics/2014/12/15/jailed-venezuelan-opposition-leader-leopoldo-lopez-calls-for-more-protests/ |access-date=16 December 2014 |agency=Fox News Latino |date=15 December 2014 |archive-url=https://web.archive.org/web/20150402175102/http://latino.foxnews.com/latino/politics/2014/12/15/jailed-venezuelan-opposition-leader-leopoldo-lopez-calls-for-more-protests/ |archive-date=2 April 2015 |url-status=live }}</ref> On 18 February, [[Leopoldo López]] turned himself in to the Venezuelan National Guard after leading protests in the county.<ref name=fourdeaths>{{cite web |url=https://www.reuters.com/article/us-venezuela-protests-idUSBREA1F0SQ20140217 |title=Venezuela's Lopez says ready for arrest at Tuesday march |last1=Wallis |first1=Daniel |last2=Chinea |first2=Eyanir |date=16 February 2014 |work=Reuters |access-date=16 February 2014 |archive-url=https://web.archive.org/web/20140217042736/http://www.reuters.com/article/2014/02/17/us-venezuela-protests-idUSBREA1F0SQ20140217 |archive-date=17 February 2014 |url-status=live }}</ref> López turned himself in among thousands of cheering supporters, who, like him, wore white as a symbol of nonviolence. He gave a short speech in which he said that he hoped his arrest would awaken Venezuela to the corruption and economic disaster caused by socialist rule. The only alternative to accepting arrest, he said while standing on a statue of Jose Marti, was to "leave the country, and I will never leave Venezuela!"<ref name=cnnprof>{{cite web |title=The face of Venezuela's opposition |publisher=[[CNN]] |url=http://www.cnn.com/2014/02/21/world/americas/profile-leopoldo-López/index.html |author=Rafael Romo |date=22 February 2014 |access-date=30 May 2014}}</ref> Hours after the arrest, President Maduro addressed a cheering crowd of supporters in red, saying that he would not tolerate "psychological warfare" by his opponents and that López must be held responsible for his "treasonous acts."<ref name="goodmanAP">{{cite web |url=http://www.sfgate.com/news/crime/article/Venezuela-opp-n-leader-arrested-before-supporters-5243355.php |title=Venezuela opposition leader jailed over protests |agency=Associated Press |work=San Francisco Chronicle |date=18 February 2014 |access-date=22 February 2014 |author=Goodman, Joshua |archive-url=https://web.archive.org/web/20140301145758/http://www.sfgate.com/news/crime/article/Venezuela-opp-n-leader-arrested-before-supporters-5243355.php |archive-date=1 March 2014 |url-status=live }}</ref> |
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López was denied bail and is being held in the [[Ramo Verde Prison|Ramo Verde military prison]] outside of Caracas.<ref name=MurderCharges>{{cite web |url=http://www.cnn.com/2014/02/20/world/americas/venezuela-protests/index.html |title=Murder charges against Venezuela opposition leader dropped |author=Castillo, Mariano and Ed Payne |publisher=CNN |date=20 February 2014 |access-date=23 February 2014 |archive-url=https://web.archive.org/web/20140222231538/http://www.cnn.com/2014/02/20/world/americas/venezuela-protests/index.html |archive-date=22 February 2014 |url-status=live }}</ref><ref>{{cite web |url=https://www.bbc.com/news/world-latin-america-26793545 |title=Venezuelan opposition leader Leopoldo Lopez denied bail |work=BBC News |date=28 March 2014 |access-date=22 April 2014 |archive-url=https://web.archive.org/web/20140331154703/http://www.bbc.com/news/world-latin-america-26793545 |archive-date=31 March 2014 |url-status=live }}</ref> In a July 2014 press release, Lopez' wife stated that his visitation rights had been revoked and that he was now subject to [[psychological torture]]s, including isolation.<ref>{{cite web |last=Poleo |first=Helena |title=Imprisoned opposition leader subjected to psychological torture, wife claims |work=Local10 |date=14 July 2014 |url=http://www.local10.com/news/imprisoned-opposition-leader-subjected-to-psychological-torture-wife-claims/26946610 |access-date=22 October 2014 |archive-url=https://web.archive.org/web/20140726052828/http://www.local10.com/news/imprisoned-opposition-leader-subjected-to-psychological-torture-wife-claims/26946610 |archive-date=26 July 2014 |url-status=live }}</ref> Chilean lawyer and secretary of a mission of [[Socialist International]], José Antonio Viera-Gallo, stated that in the case of López, Socialist International "confirmed human right violations against a political leader" giving examples of authorities sounding loud sirens preventing communication when López and others tried to communicate with their families .<ref name=EUsiNOV2014>{{cite news |title=Socialist International rejects detention of dissenter Leopoldo López |url=http://www.eluniversal.com/nacional-y-politica/141117/socialist-international-rejects-detention-of-dissenter-leopoldo-lopez |access-date=14 December 2014 |agency=El Universal |date=17 November 2014 |archive-url=https://web.archive.org/web/20141215011009/http://www.eluniversal.com/nacional-y-politica/141117/socialist-international-rejects-detention-of-dissenter-leopoldo-lopez |archive-date=15 December 2014 |url-status=live }}</ref> tt |
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On 23 September 2014 at the 2014 [[Clinton Global Initiative]] meeting, [[President Barack Obama]] called for the release of López saying, "We stand in solidarity with those who are detained at this very moment".<ref>{{cite news|title=Obama calls for release of Venezuelan dissenter López|url=http://www.eluniversal.com/nacional-y-politica/140923/obama-calls-for-release-of-venezuelan-dissenter-lopez|accessdate=9 October 2014|agency=El Universal|date=23 September 2014}}</ref> On 8 October 2014, the [[United Nations]] [[Working Group on Arbitrary Detention]] ruled that López was [[Arbitrary arrest and detention|detained arbitrarily]] and that the Venezuelan government "violated several of their civil, political and constitutional rights" while demanding his immediate release.<ref name=ENoct8>{{cite news|title=ONU insta a la inmediata liberación de Leopoldo López|url=http://www.el-nacional.com/politica/ONU-inmediata-liberacion-Leopoldo-Lopez_0_497350352.html|accessdate=9 October 2014|agency=El Nacional|date=8 October 2014}}</ref> Weeks later, UN [[High Commissioner for Human Rights]], Zeid Ra’ad Al Hussein, called for the immediate release of López.<ref>{{cite news |url=http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15187&LangID=E&hootPostID=534c431eada378665e713f4441a24582 |title=UN Human Rights Chief urges Venezuela to release arbitrarily detained protestors and politicians |date=20 October 2014 |website=www.ohchr.org |publisher=OHCHR |accessdate=20 October 2014}}</ref> The Venezuelan government condemned the statements by the United States and the United Nations demanding them to not interfere in Venezuelan affairs.<ref>{{cite news|title=Venezuela rechazó resolución ONU sobre López y pide no inmiscuirse Leer más en: http://www.elmundo.com.ve/noticias/actualidad/noticias/venezuela-rechazo-resolucion-onu-sobre-lopez-y-pid.aspx#ixzz3FuFYBvSP|url=http://www.elmundo.com.ve/noticias/actualidad/noticias/venezuela-rechazo-resolucion-onu-sobre-lopez-y-pid.aspx|accessdate=12 October 2014|agency=El Mundo|date=10 October 2014}}</ref> |
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On 23 September 2014 at the 2014 [[Clinton Global Initiative]] meeting, [[Barack Obama|President Barack Obama]] called for the release of López saying, "we stand in solidarity with those who are detained at this very moment".<ref>{{cite news |title=Obama calls for release of Venezuelan dissenter López |url=http://www.eluniversal.com/nacional-y-politica/140923/obama-calls-for-release-of-venezuelan-dissenter-lopez |access-date=9 October 2014 |agency=El Universal |date=23 September 2014 |archive-url=https://web.archive.org/web/20140928015306/http://www.eluniversal.com/nacional-y-politica/140923/obama-calls-for-release-of-venezuelan-dissenter-lopez |archive-date=28 September 2014 |url-status=live }}</ref> On 8 October 2014, the United Nations [[Working Group on Arbitrary Detention]] ruled that López was [[Arbitrary arrest and detention|detained arbitrarily]] and that the Venezuelan government "violated several of their civil, political and constitutional rights" while demanding his immediate release.<ref name=ENoct8>{{cite news |title=ONU insta a la inmediata liberación de Leopoldo López |url=http://www.el-nacional.com/politica/ONU-inmediata-liberacion-Leopoldo-Lopez_0_497350352.html |access-date=9 October 2014 |agency=El Nacional |date=8 October 2014 |url-status=dead |archive-url=https://web.archive.org/web/20141009044857/http://www.el-nacional.com/politica/ONU-inmediata-liberacion-Leopoldo-Lopez_0_497350352.html |archive-date=9 October 2014 }}</ref> Weeks later, UN [[High Commissioner for Human Rights]], Zeid Ra’ad Al Hussein, called for the immediate release of López.<ref>{{cite news |url=http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15187&LangID=E&hootPostID=534c431eada378665e713f4441a24582 |title=UN Human Rights Chief urges Venezuela to release arbitrarily detained protestors and politicians |date=20 October 2014 |website=ohchr.org |publisher=OHCHR |access-date=20 October 2014 |archive-url=https://web.archive.org/web/20150630055323/http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15187&LangID=E&hootPostID=534c431eada378665e713f4441a24582 |archive-date=30 June 2015 |url-status=live }}</ref> The Venezuelan government condemned the statements by the United States and the United Nations, demanding them to not interfere in Venezuelan affairs.<ref>{{cite news |title=Venezuela rechazó resolución ONU sobre López y pide no inmiscuirse |url=http://www.elmundo.com.ve/noticias/actualidad/noticias/venezuela-rechazo-resolucion-onu-sobre-lopez-y-pid.aspx |access-date=12 October 2014 |work=El Mundo |date=10 October 2014 |archive-url=https://web.archive.org/web/20141016164302/http://www.elmundo.com.ve/noticias/actualidad/noticias/venezuela-rechazo-resolucion-onu-sobre-lopez-y-pid.aspx |archive-date=16 October 2014 |url-status=dead }}</ref> |
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====Antonio Ledezma==== |
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On February 19, 2015 he was detained by the [[Bolivarian Intelligence Service]] at his office in the EXA Tower in [[Caracas]] without a warrant. In the operation, the security forces made warning shots to the air to disperse a crowd that was forming. He was then transported to SEBIN's headquarters in Plaza Venezuela. His lawyer declared that the charges for his detention were unknown.<ref>{{cite web|title=Venezuela on the Brink|url=http://primepair.com/trading-magazine/venezuela-on-the-brink-03-03-2015|website=PrimePair|accessdate= 3 March 2015}}</ref><ref name=INDEPENDENT>{{cite news|last1=Sabin|first1=Lamiat|title=Mayor Antonio Ledezma arrested and dragged out of office 'like a dog' by police in Venezuela|url=http://www.independent.co.uk/news/world/americas/mayor-antonio-ledezma-arrested-and-dragged-out-of-office-like-a-dog-by-police-in-venezuela-10058691.html|accessdate=20 February 2015|agency=[[The Independent]]|date=20 February 2015}}</ref><ref>{{cite web|title=Sebin detuvo al alcalde Metropolitano Antonio Ledezma|url=http://www.eluniversal.com/nacional-y-politica/150219/sebin-detuvo-al-alcalde-metropolitano-antonio-ledezma|website=El Universal|accessdate=19 February 2015}}</ref><ref>{{cite web|title=Sebin se lleva detenido al alcalde Antonio Ledezma|url=http://www.lapatilla.com/site/2015/02/19/sebin-se-lleva-detenido-al-alcalde-antonio-ledezma/|website=La Patilla|accessdate=19 February 2015}}</ref><ref>{{cite web|title=Detuvieron al alcalde Antonio Ledezma|url=http://www.el-nacional.com/politica/Ledezma-denuncio-intento-allanamiento-oficina_0_577742355.html|website=El Nacional}}</ref> ''The New York Times'' stated that Ledezma was arrested by the Venezuelan Government after accusations made by President [[Nicolás Maduro]] about an "American plot to overthrow the government" that he presented a week before Ledezma's arrest.<ref name=NYTledezmaFEB20>{{cite news|last1=Gupta|first1=Girish|last2=Robles|first2=Frances|title=Caracas Mayor Arrested on Sedition Accusation, Plunging Venezuela into New Crisis|url=http://www.nytimes.com/2015/02/21/world/americas/caracas-mayor-antonio-ledezma-arrested.html?_r=0|accessdate=20 February 2015|agency=[[The New York Times]]|date=20 February 2015}}</ref> Ledezma mocked the accusations stating that the Venezuelan government was destabilizing itself through corruption.<ref name=FOXfeb20>{{cite news|title=Opposition leaders in Venezuela call for rally to protest Caracas mayor arrest|url=http://www.foxnews.com/world/2015/02/20/caracas-mayor-who-opposed-venezuela-socialist-government-arrested/|accessdate=20 February 2015|agency=[[Fox News]]|date=20 February 2015}}</ref> The United States denied the accusations by President Maduro and stated that "Venezuela’s problems cannot be solved by criminalizing dissent".<ref name=NYTledezmaFEB20/> |
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When in September 2015 López was sentenced to 13 years and nine months prison term, [[Erika Guevara Rosas]], Americas Director at [[Amnesty International]] denounced that "the charges against Leopoldo López were never adequately substantiated and the prison sentence against him is clearly politically motivated. His only ‘crime’ was being leader of an opposition party in Venezuela...With this decision, Venezuela is choosing to ignore basic human rights principles and giving the green light to more abuses."<ref>{{Cite web |url=https://www.amnesty.org/en/latest/news/2015/09/venezuela-sentence-against-opposition-leader-shows-utter-lack-of-judicial-independence/ |title=Venezuela: Sentence against opposition leader shows utter lack of judicial independence |date=10 September 2015 |publisher=Amnesty International |access-date=23 November 2017 |archive-url=https://web.archive.org/web/20171124194123/https://www.amnesty.org/en/latest/news/2015/09/venezuela-sentence-against-opposition-leader-shows-utter-lack-of-judicial-independence/ |archive-date=24 November 2017 |url-status=live }}</ref> |
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Human rights groups quickly condemned Ledezma's arrest and the similarity of the case to [[Leopoldo López]]'s arrest was noted by ''The New York Times''.<ref name=NYTledezmaFEB20/> [[Amnesty International]] condemned Ledezma's arrest calling it [[Political prisoner|politically motivated]], noting the similar cases of arrests made by the Venezuelan Government in what Amnesty International described as "silencing dissenting voices".<ref name=EUai>{{cite news|title=Amnesty International deplores actions against Mayor Ledezma|url=http://english.eluniversal.com/nacional-y-politica/150220/amnesty-international-deplores-actions-against-mayor-ledezma|accessdate=20 February 2015|agency=[[El Universal (Caracas)|El Universal]]|date=20 February 2015}}</ref> [[Human Rights Watch]] demanded his release with Human Rights Watch’s Americas division director, Jose Miguel Vivanco, stating that without evidence, Ledezma "faces another case of arbitrary detention of opponents in a country where there is no judicial independence".<ref name=NYTledezmaFEB20/><ref name=WSJfeb19>{{cite news|last1=Vyas|first1=Kejal|title=Caracas Mayor Detained By State Agents Antonio Ledezma, fierce critic of President Nicolás Maduro, taken away by armed agents|url=http://www.wsj.com/articles/caracas-mayor-ledezma-arrested-by-state-agents-1424390903|accessdate=20 February 2015|agency=[[The Wall Street Journal]]|date=19 February 2015}}</ref> |
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=== |
==== Antonio Ledezma ==== |
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On 19 February 2015, [[Antonio Ledezma]] was detained without a warrant by the [[Bolivarian Intelligence Service]] at his office in the EXA Tower in [[Caracas]]. In the operation, the security forces made warning shots to the air to disperse a crowd that was forming. He was then transported to SEBIN's headquarters in Plaza Venezuela. His lawyer declared that the charges for his detention were unknown.<ref>{{cite web |title=Venezuela on the Brink |url=http://primepair.com/trading-magazine/venezuela-on-the-brink-03-03-2015 |website=PrimePair |access-date=3 March 2015 |archive-url=https://web.archive.org/web/20150402110306/http://primepair.com/trading-magazine/venezuela-on-the-brink-03-03-2015 |archive-date=2 April 2015 |url-status=dead |df=dmy-all }}</ref><ref name=INDEPENDENT>{{cite news |last1=Sabin |first1=Lamiat |title=Mayor Antonio Ledezma arrested and dragged out of office 'like a dog' by police in Venezuela |url=https://www.independent.co.uk/news/world/americas/mayor-antonio-ledezma-arrested-and-dragged-out-of-office-like-a-dog-by-police-in-venezuela-10058691.html |access-date=20 February 2015 |work=[[The Independent]] |date=20 February 2015 |archive-url=https://web.archive.org/web/20150221002333/http://www.independent.co.uk/news/world/americas/mayor-antonio-ledezma-arrested-and-dragged-out-of-office-like-a-dog-by-police-in-venezuela-10058691.html |archive-date=21 February 2015 |url-status=live }}</ref><ref>{{cite web |title=Sebin detuvo al alcalde Metropolitano Antonio Ledezma |url=http://www.eluniversal.com/nacional-y-politica/150219/sebin-detuvo-al-alcalde-metropolitano-antonio-ledezma |website=El Universal |access-date=19 February 2015 |archive-url=https://web.archive.org/web/20150220015621/http://www.eluniversal.com/nacional-y-politica/150219/sebin-detuvo-al-alcalde-metropolitano-antonio-ledezma |archive-date=20 February 2015 |url-status=live }}</ref><ref>{{cite web |title=Sebin se lleva detenido al alcalde Antonio Ledezma |url=http://www.lapatilla.com/site/2015/02/19/sebin-se-lleva-detenido-al-alcalde-antonio-ledezma/ |website=La Patilla |access-date=19 February 2015 |archive-url=https://web.archive.org/web/20150220013237/http://www.lapatilla.com/site/2015/02/19/sebin-se-lleva-detenido-al-alcalde-antonio-ledezma/ |archive-date=20 February 2015 |url-status=live }}</ref><ref>{{cite web |title=Detuvieron al alcalde Antonio Ledezma |url=http://www.el-nacional.com/politica/Ledezma-denuncio-intento-allanamiento-oficina_0_577742355.html |website=El Nacional |url-status=dead |archive-url=https://web.archive.org/web/20150220045923/http://www.el-nacional.com/politica/Ledezma-denuncio-intento-allanamiento-oficina_0_577742355.html |archive-date=20 February 2015 }}</ref> ''The New York Times'' stated that Ledezma was arrested by the Venezuelan Government after accusations made by President [[Nicolás Maduro]] about an "American plot to overthrow the government" that he presented a week before Ledezma's arrest.<ref name=NYTledezmaFEB20>{{cite news |last1=Gupta |first1=Girish |last2=Robles |first2=Frances |title=Caracas Mayor Arrested on Sedition Accusation, Plunging Venezuela into New Crisis |url=https://www.nytimes.com/2015/02/21/world/americas/caracas-mayor-antonio-ledezma-arrested.html |access-date=20 February 2015 |work=[[The New York Times]] |date=20 February 2015 |archive-url=https://web.archive.org/web/20150221013933/http://www.nytimes.com/2015/02/21/world/americas/caracas-mayor-antonio-ledezma-arrested.html?_r=0 |archive-date=21 February 2015 |url-status=live }}</ref> Ledezma mocked the accusations stating that the Venezuelan government was destabilizing itself through corruption.<ref name=FOXfeb20>{{cite news |title=Opposition leaders in Venezuela call for rally to protest Caracas mayor arrest |url=http://www.foxnews.com/world/2015/02/20/caracas-mayor-who-opposed-venezuela-socialist-government-arrested/ |access-date=20 February 2015 |publisher=[[Fox News Channel]] |date=20 February 2015 |archive-url=https://web.archive.org/web/20150220050321/http://www.foxnews.com/world/2015/02/20/caracas-mayor-who-opposed-venezuela-socialist-government-arrested/ |archive-date=20 February 2015 |url-status=dead |df=dmy-all }}</ref> The United States denied the accusations by President Maduro and stated that "Venezuela's problems cannot be solved by criminalizing dissent".<ref name=NYTledezmaFEB20 /> |
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Human rights groups quickly condemned Ledezma's arrest and the similarity of the case to Leopoldo López's arrest was noted by ''The New York Times''.<ref name=NYTledezmaFEB20 /> [[Amnesty International]] condemned Ledezma's arrest called it [[Political prisoner|politically motivated]], noting the similar cases of arrests made by the Venezuelan Government in what Amnesty International described as "silencing dissenting voices".<ref name=EUai>{{cite news |title=Amnesty International deplores actions against Mayor Ledezma |url=http://english.eluniversal.com/nacional-y-politica/150220/amnesty-international-deplores-actions-against-mayor-ledezma |access-date=20 February 2015 |agency=[[El Universal (Caracas)|El Universal]] |date=20 February 2015 |url-status=dead |archive-url=https://web.archive.org/web/20150221002730/http://english.eluniversal.com/nacional-y-politica/150220/amnesty-international-deplores-actions-against-mayor-ledezma |archive-date=21 February 2015 }}</ref> [[Human Rights Watch]] demanded his release with Human Rights Watch's Americas division director, Jose Miguel Vivanco, stating that without evidence, Ledezma "faces another case of arbitrary detention of opponents in a country where there is no judicial independence".<ref name=NYTledezmaFEB20 /><ref name=WSJfeb19>{{cite news |last1=Vyas |first1=Kejal |title=Caracas Mayor Detained By State Agents Antonio Ledezma, fierce critic of President Nicolás Maduro, taken away by armed agents |url=https://www.wsj.com/articles/caracas-mayor-ledezma-arrested-by-state-agents-1424390903 |access-date=20 February 2015 |work=[[The Wall Street Journal]] |date=19 February 2015 |archive-url=https://web.archive.org/web/20150221003426/http://www.wsj.com/articles/caracas-mayor-ledezma-arrested-by-state-agents-1424390903 |archive-date=21 February 2015 |url-status=live }}</ref> |
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==== Juan Requesens ==== |
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{{Main|Detention of Juan Requesens}} |
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On 7 August 2018, National Assembly deputy [[Juan Requesens]] was taken from his apartment in Caracas by SEBIN with his sister, who was released, supposedly in relation to the [[Caracas drone attack]] a few days earlier, though many sources refer to his unconstitutional arrest and detention as being "political" and "arbitrary", that the government used the drone attack as an excuse to penalise the opposition. He was taken contrary to his [[political immunity]] and without evidence or trial.{{citation needed|date=March 2019}} |
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==== Roberto Marrero ==== |
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In the early morning of 21 March 2019, [[Bolivarian Intelligence Service|SEBIN]] officials first broke into the home of [[Roberto Marrero]]'s, chief of staff to [[Juan Guaidó]],<ref name="GuardianArrested">{{cite news|url=https://www.theguardian.com/world/2019/mar/21/juan-guaido-claims-venezuela-intelligence-agents-arrested-chief-of-staff-roberto-marrero|title=Juan Guaidó's chief of staff arrested by Venezuelan agents|author=Parkin Daniels, Joe|date=21 March 2019|work=The Guardian|access-date=21 March 2019}}</ref> neighbor, National Assembly deputy [[Sergio Vergara (politician)|Sergio Vergara]].<ref name="SEBINDetuvo">{{cite news|url=http://www.eluniversal.com/politica/35912/sebin-detuvo-a-roberto-marrero-y-allano-vivienda-del-diputado-sergio-vergara|title=Sebin detuvo a Roberto Marrero y allanó vivienda del diputado Sergio Vergara|date=21 March 2019|work=El Universal|access-date=21 March 2019|language=es|trans-title=SEBIN detained Roberto Marrero and raided the home of deputy Sergio Vergara}}</ref> Vergara reported that the agents' faces were covered; they held him for several hours although he informed them that he had parliamentary immunity.<ref name=PoliceDetain>{{cite news |work= Bloomberg |date= 21 March 2019 |via=ProQuest |title= Venezuela police detain Guaido's chief of staff after raid |author= Rosati, Andrew and Patricia Laya}} Also available [https://www.bloomberg.com/news/articles/2019-03-21/venezuela-police-detain-guaido-s-chief-of-staff-after-home-raid online with a subscription.]</ref> Vergara said he heard the officials breaking into Marrero's apartment next door. After about three hours between both apartments,<ref name="SEBINDetuvo" /> the officials took Marrero and Vergara's driver, Luis Alberto Páez Salazar.<ref name="ANPide">{{cite news|url=http://efectococuyo.com/politica/asamblea-nacional-pide-sanciones-por-secuestro-de-roberto-marrero/|title=Asamblea Nacional pide sanciones por 'secuestro' de Roberto Marrero|author=Rodrigues Rosas, Ronny|date=22 March 2019|work=Efecto Cocuyo|access-date=22 March 2019|language=es|trans-title=National Assembly calls for sanctions for the 'kidnapping' of Roberto Marrero}}</ref> Vergara says that as he was being taken away, Marrero shouted to him that the officials had planted a grenade and two rifles.<ref name="SEBINDetuvo" /><ref name=Escalates>{{cite news |work= New York Times |title= Venezuela crisis escalates as Guaido's chief of staff is arrested|date= 21 March 2019 |via= ProQuest}} Also available [https://www.nytimes.com/2019/03/21/world/americas/guaido-Roberto-Marrero.html online with subscription.]</ref> Marrero's attorney called it a "purely political operation".<ref name= PoliticalDetentions>{{cite news |title= Political detentions climbing amid worsening Venezuela crisis |newspaper= Washington Post |via= ProQuest |date= 12 April 2019 |author= Hernández, Arelis R. and Mariana Zuñiga|quote= The pace of politically motivated arrests in Nicolás Maduro's Venezuela has reached a fever pitch, advocates say, putting 2019 on track to record the highest number of political prisoners in two decades and signaling rising repression in the oil-rich country. In March, Venezuelan intelligence forces raided the home of Guaidó's chief of staff, Roberto Marrero, who was detained and charged with four counts of conspiracy and illegal gun ownership in a "purely political" operation, said attorney Joel Garcia. Garcia's client, Marrero, has yet to have a hearing; they are often delayed for months and take place behind closed doors.}}</ref> |
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=== Human trafficking === |
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{{Main|Human trafficking in Venezuela}} |
{{Main|Human trafficking in Venezuela}} |
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{{Expand section|date=January 2010}} |
{{Expand section|date=January 2010}} |
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Venezuela is a signatory (December 2000) to the [[Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children]].<ref name=cp /><ref>UNODC, [http://www.unodc.org/unodc/en/treaties/CTOC/countrylist-traffickingprotocol.html Ratifications] {{webarchive |url=https://web.archive.org/web/20090531041429/http://www.unodc.org/unodc/en/treaties/CTOC/countrylist-traffickingprotocol.html |date=31 May 2009 }}</ref> As of 2016, the U.S. Department of State considered Venezuela a Tier 3 country on the Trafficking in Persons Tier Placement rating, meaning it is a country whose government "does not fully meet the minimum standards" to stop human trafficking "and are not making significant efforts to do so."<ref>{{Cite web|url=https://2009-2017.state.gov/j/tip/rls/tiprpt/2016/258696.htm|title=Trafficking in Persons Report 2016: Tier Placements|website=2009-2017.state.gov|access-date=2019-07-10}}</ref> Venezuela is considered a source and destination of both sex trafficking and forced labor. The government doesn't meet the minimum standards for eliminating human trafficking.<ref>{{Cite web|url=https://2009-2017.state.gov/j/tip/rls/tiprpt/countries/2016/258891.htm|title=Venezuela|website=U.S. Department of State|access-date=2019-07-10}}</ref><ref>{{Cite web|url=https://www.cia.gov/the-world-factbook/countries/venezuela/|title=South America :: Venezuela — The World Factbook - Central Intelligence Agency|website=www.cia.gov|access-date=2019-07-10}}</ref> |
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Venezuela is a signatory (December 2000) to the [[Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children]].<ref name=cp/><ref>UNODC, [http://www.unodc.org/unodc/en/treaties/CTOC/countrylist-traffickingprotocol.html Ratifications]</ref> |
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===Agrarian violence=== |
=== Agrarian violence === |
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{{Expand section|date=January 2010}} |
{{Expand section|date=January 2010}} |
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[[Agriculture in Venezuela|Venezuela's present-day agriculture]] is characterized by inefficiency and low investment, with 70 percent of agricultural land owned by 3 percent of agricultural proprietors (one of the highest levels of land concentration in Latin America). According to the Land and Agricultural Reform Law of 2001 (see [[Mission Zamora]]), public and private land deemed to be illegally held or unproductive is to be redistributed.<ref name=cp>[http://lcweb2.loc.gov/frd/cs/profiles/Venezuela.pdf Venezuela country profile]. [[Library of Congress]] [[Federal Research Division]] (March 2005).</ref> From 1999 to 2006, 130 landless workers were murdered by ''[[sicarios]]'' paid by opponents to the reform.<ref name=Diplo>Maurice Lemoine, [http://mondediplo.com/2003/10/07venezuela Venezuela: the promise of land for the people], ''[[Le Monde diplomatique]]'', October 2003 |
[[Agriculture in Venezuela|Venezuela's present-day agriculture]] is characterized by inefficiency and low investment, with 70 percent of agricultural land owned by 3 percent of agricultural proprietors (one of the highest levels of land concentration in Latin America). According to the Land and Agricultural Reform Law of 2001 (see [[Mission Zamora]]), public and private land deemed to be illegally held or unproductive is to be redistributed.<ref name=cp>[http://lcweb2.loc.gov/frd/cs/profiles/Venezuela.pdf Venezuela country profile] {{Webarchive|url=https://web.archive.org/web/20100326114926/http://lcweb2.loc.gov/frd/cs/profiles/Venezuela.pdf |date=26 March 2010 }}. [[Library of Congress]] [[Federal Research Division]] (March 2005).</ref> From 1999 to 2006, 130 landless workers were murdered by ''[[sicarios]]'' paid by opponents to the reform.<ref name=Diplo>Maurice Lemoine, [http://mondediplo.com/2003/10/07venezuela Venezuela: the promise of land for the people] {{Webarchive|url=https://web.archive.org/web/20100104011320/http://mondediplo.com/2003/10/07venezuela |date=4 January 2010 }}, ''[[Le Monde diplomatique]]'', October 2003/{{in lang|fr|pt|eo}}</ref> |
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===Prison system=== |
=== Prison system === |
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{{Main|Prisons in Venezuela}}{{See also|Observatorio Venezolano de Prisiones}} |
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In 1996 [[Human Rights Watch]] concluded that "Venezuelan prisons are catastrophic, one of the worst in the American hemisphere, violating the Venezuelan State international obligations on human rights."<ref name=delolmo-132/> Key problems included violence (in 1994 there were nearly 500 deaths, including around 100 in a single riot<ref>Del Olmo (1998: 134)</ref>), corruption, and (as the US State Department 1996 report put it) "overcrowding so severe as to constitute inhuman and degrading treatment".<ref name=delolmo-132>Del Olmo, Rosa (1998), "The State of Prisons and Prisoners in Four Countries of the Andean Region", p 132; in Weiss, Robert P. and Nigel South (1998, eds.), ''Comparing prison systems: Toward a comparative and international penology''. Amsterdam: Gordon and Breach.</ref> |
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In 1996, [[Human Rights Watch]] concluded that "Venezuelan prisons are catastrophic, one of the worst in the American hemisphere, violating the Venezuelan State international obligations on human rights."<ref name="delolmo-132" /> Key problems included violence (in 1994 there were nearly 500 deaths, including around 100 in a single riot<ref>Del Olmo (1998: 134)</ref>), corruption, and overcrowding, with the US State Department 1996 report describing it as "overcrowding so severe as to constitute inhuman and degrading treatment".<ref name="delolmo-132">Del Olmo, Rosa (1998), "The State of Prisons and Prisoners in Four Countries of the Andean Region", p 132; in Weiss, Robert P. and Nigel South (1998, eds.), ''Comparing prison systems: Toward a comparative and international penology''. Amsterdam: Gordon and Breach.</ref> |
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"Venezuela's penitentiary system, considered one of the most violent in Latin America, has 29 prisons and 16 penitentiaries holding some 20,000 inmates".[http://www.laht.com/article.asp?ArticleId=349749&CategoryId=10717] |
"Venezuela's penitentiary system, considered one of the most violent in Latin America, has 29 prisons and 16 penitentiaries holding some 20,000 inmates".[http://www.laht.com/article.asp?ArticleId=349749&CategoryId=10717] |
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On 20 August 2012, armed prisoners in the Yare I prison complex, an overcrowded Venezuelan prison, rioted over the weekend, resulting in the deaths of 25 people. |
On 20 August 2012, armed prisoners in the Yare I prison complex, an overcrowded Venezuelan prison, rioted over the weekend, resulting in the deaths of 25 people. 29 inmates and 14 visitors were injured in the riot, and one visitor was killed.<ref name="Reuters 20 August">{{cite news |url=https://www.reuters.com/article/us-venezuela-prison-idUSBRE87K00I20120821 |title=Well-armed Venezuela prisoners riot again, killing 25 |work=Reuters |date=20 August 2012 |access-date=20 August 2012 |archive-url=https://web.archive.org/web/20120821162029/http://www.reuters.com/article/2012/08/21/us-venezuela-prison-idUSBRE87K00I20120821 |archive-date=21 August 2012 |url-status=live }}</ref> |
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=== Extrajudicial killings and enforced disappearances === |
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See also: [[Observatorio Venezolano de Prisiones]] |
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{{main|Enforced disappearances in Venezuela}} |
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There were 187 [[extrajudicial killing]]s in 1992/3.<ref>{{Cite web |url=http://dosfan.lib.uic.edu/ERC/democracy/1993_hrp_report/93hrp_report_ara/Venezuela.html |title=1993 Human Rights Report: VENEZUELA |access-date=31 January 2010 |archive-url=https://web.archive.org/web/20100711193126/http://dosfan.lib.uic.edu/ERC/democracy/1993_hrp_report/93hrp_report_ara/Venezuela.html |archive-date=11 July 2010 |url-status=dead }}</ref> |
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In 2009, the Attorney General announced the creation of an investigative team to examine 6,000 reports of extrajudicial killings between 2000 and 2007.<ref>[[Amnesty International]], [http://report2009.amnesty.org/en/regions/americas/venezuela 2009 Annual Report: Venezuela] {{webarchive|url=https://web.archive.org/web/20090902131912/http://report2009.amnesty.org/en/regions/americas/venezuela |date=2 September 2009 }}</ref> |
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===Violence by authorities and extrajudicial killings=== |
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[[Extrajudicial killing]] - 187 in 1992/3. [http://dosfan.lib.uic.edu/ERC/democracy/1993_hrp_report/93hrp_report_ara/Venezuela.html] |
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Amnesty International estimated that there were more than 8,200 extrajudicial killings in Venezuela from 2015 to 2017.<ref>{{cite news |url= https://www.cnn.com/2019/04/30/americas/venezuela-special-action-force-faes-accused-deaths-intl/index.html |publisher= CNN |date= 30 April 2019 |access-date= 1 May 2019 |title= The women fighting to solve hundreds of mysterious murders in Venezuela |author1=McKenzie, David |author2=Vasco Cotovio }}</ref> |
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In 2009 the Attorney General announced the creation of an investigative team to look into over 6000 reports of extrajudicial killings between 2000 and 2007.<ref>[[Amnesty International]], [http://report2009.amnesty.org/en/regions/americas/venezuela 2009 Annual Report: Venezuela]</ref> |
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A report produced by [[Foro Penal]] and [[Robert F. Kennedy Human Rights]] documents that 200 cases of forced disappearances in 2018 increased to 524 in 2019, attributed to increased protests. The analysis found that the average disappearance lasted just over five days, suggesting the government sought to avoid the scrutiny that might accompany large-scale and long-term detentions.<ref>{{Cite news|last1=Turkewitz|first1=Julie|last2=Kurmanaev|first2=Anatoly|date=2020-06-19|title=A Knock, Then Gone: Venezuela Secretly Detains Hundreds to Silence Critics|language=en-US|work=[[The New York Times]]|url=https://www.nytimes.com/2020/06/19/world/americas/venezuela-forced-disappearances-Maduro.html|access-date=2020-06-20|issn=0362-4331}}</ref><ref>{{cite journal |author1=[[Foro Penal]] |title=Reporte Sobre La Represión En Venezuela. Año 2019 |date=23 January 2020 |page=13 |url=https://foropenal.com/reporte-sobre-la-represion-en-venezuela-ano-2019/ |access-date=1 February 2020 |language=es}}</ref> |
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During the [[2014 Venezuelan protests]] it was stated that possibly hundreds of Venezuelans were allegedly tortured when detained by Venezuelan authorities <ref name=UN22oct>{{cite web|title=Venezuela: UN rights chief calls for immediate release of opposition leader, politicians|url=http://www.un.org/apps/news/story.asp?NewsID=49120#.VEc4WZPF8Q5|website=United Nations|accessdate=22 October 2014}}</ref><ref name=REUT26feb>{{cite news|last1=Gupta|first1=Girish|title=Venezuela government faces brutality accusations over unrest|url=http://www.reuters.com/article/2014/02/26/us-venezuela-protests-allegations-idUSBREA1P1AF20140226|accessdate=22 October 2014|agency=Reuters|date=26 February 2014}}</ref> though President Maduro denied the allegations saying torture had not happened in Venezuela since Hugo Chávez became president.<ref name=REUT26feb/> |
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== Judicial independence == |
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==Economic, social and cultural rights== |
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{{See also|Judiciary of Venezuela}} |
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:''See also [[Economic, social and cultural rights]]'' |
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On 16 September 2021, the Independent International Fact-Finding Mission on Venezuela released its second report on the country's situation, concluding that the independence of the Venezuelan justice system under Nicolás Maduro has been deeply eroded, to the extent of playing an important role in aiding state repression and perpetuating state impunity for human rights violations. The document identified frequent [[due process]] violations, including the use of pre-trial detention as a routine (rather than an exceptional measure) and judges sustaining detentions or charges based on manipulated or fabricated evidence, evidence obtained through illegal means, and evidence obtained through coercion or torture; in some of the reviewed cases, the judges also failed to protect torture victims, returning them to detentions centers were torture was denounced, "despite having heard victims, sometimes bearing visible injuries consistent with torture, make the allegation in court". The report also concluded that prosecutorial and judicial individuals at all levels witness or experienced external interference in decision-making, and that several reported receiving instructions either from the judicial or prosecutorial hierarchy or from political officials on how to decide cases.<ref name=":62">{{Cite news |date=16 September 2021 |title=Venezuela's justice system aiding repression: Human rights probe |work=[[United Nations|United Nations News]] |url=https://news.un.org/en/story/2021/09/1100122 |access-date=24 March 2022}}</ref><ref name=":82">{{Cite web |title=Venezuela judicial independence deeply eroded: UN rights experts |url=https://www.jurist.org/news/2021/09/venezuela-judicial-independence-deeply-eroded-un-rights-experts/ |access-date=2022-03-24 |website=Jurist.org}}</ref><ref name=":10">{{Cite web |last=Banwait |first=Harjyot |date=2021-09-19 |title=Venezuela's Justice System Perpetuating Human Rights Abuses |url=https://theowp.org/venezuelas-justice-system-perpetuating-human-rights-abuses/ |access-date=2022-03-24 |website=The Organization for World Peace |language=en-US}}</ref> |
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== Indigenous rights == |
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===Patronage=== |
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{{See also|Indigenous rights|Pemon conflict}} |
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The [[indigenous peoples in Venezuela|indigenous peoples of Venezuela]] make up around 1.5% of the population nationwide, though the proportion is nearly 50% in [[Amazonas (Venezuelan state)|Amazonas state]].<ref>Van Cott (2003:52)</ref> Prior to the creation of the 1999 constitution, legal rights for [[indigenous peoples]] were increasingly lagging behind other Latin American countries, which were progressively enshrining a common set of indigenous collective rights in their national constitutions.<ref name="vancott51" /> In the beginning of the 19th century, the Venezuelan government did little for indigenous peoples; more so, they were pushed away from the agricultural center to the periphery. In 1913, during a [[rubber boom]] and the dictatorship of [[Juan Vicente Gómez]], colonel Tomas Funes seized control of Amazonas’ [[San Fernando de Atabapo]], where 100 settlers were killed. In the following nine years, Funes destroyed dozens of [[Ye'kuana]] villages and killed several thousand Ye'kuana.<ref name="vancott51" /> In 1961, a new constitution came, but instead of improving the rights of indigenous peoples, this constitution was a step backward from the previous 1947 constitution.<ref name="vancott51">Van Cott (2003), "Andean Indigenous Movements and Constitutional Transformation: Venezuela in Comparative Perspective", ''Latin American Perspectives'' 30(1), p51</ref>{{Clarify|date=January 2022}} |
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In 1999, a new constitution was formed, the [[1999 Venezuelan Constitution]]. In this constitution Chávez, aimed for the improvement of human rights, mainly those of women and indigenous peoples. The constitution stated that three seats should be reserved for indigenous delegates in the 131-member [[1999 Constituent National Assembly|constituent assembly]]<ref>Van Cott (2003:55)</ref> and two additional indigenous delegates won unreserved seats in the assembly elections.<ref>Van Cott (2003:56)</ref> Ultimately, the constitutional process produced what was called "the region's most progressive indigenous rights regime".<ref name="vancott63">Van Cott (2003:63)</ref> Innovations included Article 125's guarantee of political representation at all levels of government and Article 124's prohibition on "the registration of patents related to indigenous genetic resources or intellectual property associated with indigenous knowledge."<ref name="vancott63" /> The new constitution followed the example of Colombia in reserving parliamentary seats for indigenous delegates (three in Venezuela's [[National Assembly (Venezuela)|National Assembly]]); and it was the first Latin American constitution to reserve indigenous seats in state assemblies and municipal councils in districts with indigenous populations.<ref>Van Cott (2003:65)</ref> |
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====Partyarchy==== |
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Since the transition to and consolidation of democracy in 1958, Venezuela developed, initially with the [[Punto Fijo Pact]], a two-party system led by "two hegemonic and highly centralized and clientelist political parties",<ref>HRW93 [http://books.google.com/books?id=wDIhkigqO-sC&pg=PA53&dq=disip&cd=6#v=onepage&q=disip&f=false], p3</ref> [[Accion Democratica]] and [[COPEI]], in what was often called "partidocracia" (partyarchy).<ref name=coppedge>Coppedge, Michael (1994), "Prospects for Democratic Governability in Venezuela". ''Journal of Latin American Studies and World Affairs''. 36:2 (1994). 39-64.</ref> The two parties "penetrated and came to dominate so many of the other organisations in civil society, including trade unions, that they enjoyed a virtual monopoly over the political process."<ref>Coppedge, Michael (1992), "Venezuela's Vulnerable Democracy", ''Journal of Democracy'', p35</ref> Party organisation was extensive, with, the Church and business associations aside, practically every civil society organisation run by leaders identifying with one or other of the parties.<ref>Coppedge (1994:41-2)</ref> It was also ''intensive'', with members risking expulsion, and thus exclusion from the party's patronage, for disobeying party decisions. "The Leninist principle of democratic centralism even received explicit endorsement in the AD's party statutes."<ref name="Coppedge 1994:42">Coppedge (1994:42)</ref> Elected representatives of the parties strayed from the party line so infrequently that Congressional leaders did not tally votes, relying solely on the relative sizes of the parties.<ref name="Coppedge 1994:42"/> "Labor leaders usually refrained from calling strikes when their party was in power, and the politicized officers of professional associations, student governments, peasant federations, state enterprises, foundations, and most other organizations used their positions to further the interests of their party."<ref name="Coppedge 1994:42"/> |
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During [[Nicolás Maduro]]'s presidency (Chávez's successor) and after the creation of the [[Orinoco Mining Arc]], the development of an area rich in mineral resources, several Venezuelan institutions, including the Academy of Physical, Mathematical and Natural Sciences, the Venezuelan Society of Ecology and the National Assembly, publicly expressed their concern at the non-compliance with environmental and sociocultural impact studies and the violation of rights to prior consultation with indigenous communities.<ref name=":5">{{cite news|last=Ramírez Cabello|first=María|date=23 February 2018|title=Arco Minero sigue sin estudios de impacto socioambiental a dos años de su creación|publisher=Correo del Caroní|url=http://www.correodelcaroni.com/index.php/economia/item/62574-arco-minero-sigue-sin-estudios-de-impacto-socioambiental-a-dos-anos-de-su-creacion|access-date=10 August 2018|archive-date=10 August 2018|archive-url=https://web.archive.org/web/20180810210016/http://www.correodelcaroni.com/index.php/economia/item/62574-arco-minero-sigue-sin-estudios-de-impacto-socioambiental-a-dos-anos-de-su-creacion|url-status=dead}}</ref><ref name=":6">{{cite news|last=Con información de nota de prensa, Ariana Revollo|date=22 June 2018|title=Asamblea Nacional alerta sobre los efectos biológicos, psicológicos y sociales de la explotación del Arco Minero del Orinoco|agency=FM center es noticia|url=https://fmcenteresnoticia.com.ve/asamblea-nacional-alerta-los-efectos-biologicos-psicologicos-sociales-la-explotacion-del-arco-minero-del-orinoco/|access-date=10 August 2018}}{{Dead link|date=July 2022 |bot=InternetArchiveBot |fix-attempted=yes }}</ref><ref name=":7">{{cite web|date=October 2016|title=Pronunciamiento de la Academia de Ciencias Físicas, Matemáticas y Naturales sobre el Arco Minero|url=http://cuyunisistemas.com.ve/acfiman.org/site/wp-content/uploads/2016/10/Pronunciamiento-Arco-Minero.pdf|archive-url=https://web.archive.org/web/20180810205327/http://cuyunisistemas.com.ve/acfiman.org/site/wp-content/uploads/2016/10/Pronunciamiento-Arco-Minero.pdf|archive-date=10 August 2018|access-date=10 August 2018}}</ref><ref name=":8">{{cite web|date=2 December 2016|title=Carta al Presidente de la Comisión Interamericana de Derechos Humanos|url=https://www.derechos.org.ve/web/wp-content/uploads/AMO-CIDH_def.pdf|access-date=10 August 2018|archive-date=18 April 2017|archive-url=https://web.archive.org/web/20170418231414/https://www.derechos.org.ve/web/wp-content/uploads/AMO-CIDH_def.pdf|url-status=dead}}</ref><ref name=":9">{{cite news|date=15 June 2016|title=AN niega autorización constitucional al Ejecutivo para explotación del Arco Minero|publisher=Correo del Caroní|agency=Prensa AN|url=http://correodelcaroni.com/index.php/mas/ambiente/item/46190-an-niega-autorizacion-constitucional-al-ejecutivo-para-explotacion-del-arco-minero|access-date=10 August 2018|archive-url=https://web.archive.org/web/20180810221712/http://correodelcaroni.com/index.php/mas/ambiente/item/46190-an-niega-autorizacion-constitucional-al-ejecutivo-para-explotacion-del-arco-minero|archive-date=10 August 2018}}</ref> |
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Key to the maintenance of the partyarchy was a system of "concertacion" (consultation), in which the two parties would consult with each other, and with other actors (notably business and the military), seeking consensus on controversial issues. Where consensus failed, the attempts to achieve it at least mollified the opposition.<ref>Coppedge (1994:42-3)</ref> Concertacion also involved complicity with widespread corruption, with the parties acting as if the Punto Fijo Pact had prohibited prosections for corruption. "The courts - like the bureaucracy, the universities, and most other institutions - were thoroughly politicized along party lines and seemed never to find sufficient evidence to justify a trial or a conviction."<ref>Coppedge (1994:47)</ref> Threats to the partyarchy - that is, organisations which sought to challenge it or at least remain outside its control - were largely co-opted by a variety of tactics, including, if necessary, "paralelismo" (the creation of a parallel organisation with a similar purpose and far greater political and economic support).<ref name="Coppedge 1994:48">Coppedge (1994:48)</ref> |
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From early 2018 the [[Pemon|Pemon people]], an indigenous community that live in the [[Gran Sabana]] [[grassland]] plateau in southern Venezuela, started coming into conflict increasingly with the Maduro administration. On 8 December, [[Dirección General de Contrainteligencia Militar|Directorate General of Military Counterintelligence]] (DGCIM) officials killed a person and injured two Pemons of the Arekuna community after arriving in the Campo Carrao sector, in the [[Canaima National Park]].<ref>{{Cite web|date=2018-12-09|title=Incursión del Dgcim en Canaima dejó un indígena fallecido y tres heridos (+Fotos y videos)|url=http://www.2001.com.ve/en-la-calle/198059/incursion-del-dgcim-en-canaima-dejo-un-indigena-fallecido-y-tres-heridos---fotos-y-videos-.html|url-status=dead|archive-url=https://web.archive.org/web/20200225212418/http://www.2001.com.ve/en-la-calle/198059/incursion-del-dgcim-en-canaima-dejo-un-indigena-fallecido-y-tres-heridos---fotos-y-videos-.html|archive-date=25 February 2020|access-date=2021-07-03}}</ref> |
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Only with the economic crisis, particularly in the late 80s and early 90s, did the system of partyarchy weaken substantially, as the resources available for patronage declined dramatically. The ability to co-opt new organisations, particular the neighbourhood associations protesting the failure of public services, was weakened.<ref name="Coppedge 1994:48"/> By the 1998 presidential elections the candidates put up by AD and COPEI won less than 6% of the vote combined.<ref>McCoy (1999), "Chavez and the End of 'Partyarchy' in Venezuela", ''Journal of Democracy'', 10(3), pp64-77</ref> |
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On 22 February 2019, on the onset of [[2019 shipping of humanitarian aid to Venezuela|that year's shipping of humanitarian aid to Venezuela]], members of the armed forces loyal to Maduro fired upon the inhabitants of [[San Francisco de Yuruaní|Kumarakapay]] with live ammunition, killing two and wounding fifteen.<ref name=":35">{{Cite web|date=22 February 2019|title=As tensions over aid rise, Venezuelan troops fire on villagers, kill two|url=http://news.trust.org/item/20190222215031-a8xxv/|access-date=23 February 2019|website=[[Thomson Reuters Foundation]]}}</ref> According to them, eighty of their neighbors had to flee to Brazil to escape persecutation, a 5% of inhabitants in a population of 1 500.<ref>{{Cite web|date=2020-03-05|title=Kumarakapay: las huellas de una masacre contra un pueblo en resistencia|url=https://runrun.es/rr-es-plus/400071/kumarakapay-las-huellas-de-una-masacre-contra-un-pueblo-en-resistencia/|access-date=2021-06-18|website=[[Runrunes]]|language=es}}</ref> By the end of the conflict more people were killed, with varying estimates. Former governor [[Andrés Velásquez]] declared that fourteen people were killed,<ref>{{Cite news|date=24 February 2019|title=Al menos 14 muertos en la frontera de Venezuela con Brasil|language=es|work=The Objective|url=https://theobjective.com/al-menos-14-muertos-en-la-frontera-de-venezuela-con-brasil/|access-date=4 March 2019}}</ref> and National Assemblyman {{ill|Romel Guzamana|es}}, a chieftain of the Pemon community in Gran Sabana, stated that at least 25 Pemon were killed by Venezuelan troops.<ref name=":15">{{Cite web|date=24 February 2019|title=Confirman 25 muertos en Santa Elena de Uairén y denuncian uso de presos para reprimir|url=http://www.ntn24america.com/america-latina/venezuela/confirman-25-muertos-en-santa-elena-de-uairen-y-denuncian-uso-de-presos|url-status=dead|archive-url=https://web.archive.org/web/20190225103105/http://www.ntn24america.com/america-latina/venezuela/confirman-25-muertos-en-santa-elena-de-uairen-y-denuncian-uso-de-presos|archive-date=25 February 2019|access-date=24 February 2019|website=[[NTN24]]|language=es}}</ref> The National Assembly added that 80 Pemons had disappeared since the massacre, in addition to the death toll claimed by Guzamana.<ref name=":16">{{Cite news|date=9 April 2019|title=El Parlamento venezolano denuncia la desaparición de 80 indígenas|language=es|work=Diario Las Americas|url=https://www.diariolasamericas.com/america-latina/el-parlamento-venezolano-denuncia-la-desaparicion-80-indigenas-n4175206|access-date=14 October 2020}}</ref> The events have since been called the "Kumarakapay massacre".<ref name=":15" /> |
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====Fifth Republic==== |
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Under the previous system of partyarchy, "jobs in the public sector were allocated with calculated discrimination through the political parties, forming an important element in the stream of patronage descending from the top of each party to its bases throughout the nation."<ref>HRW93, p3</ref> |
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[[Salvador Franco]], a Pemon arrested in December 2019 accused of having participated in a barracks assault in [[Bolívar (state)|Bolívar state]], died on 3 January 2021 due to lack of medical attention. The indigenous people national coordinator of the NGO [[Foro Penal]] declared that Franco had [[COVID-19]] and that for months suffered from gastrointestinal diseases related to the insalubrity of his penitentiary center, informing that he lost a lot of weight in his last months of life.<ref name=":03">{{Cite web|date=3 January 2021|title=El preso político indígena Salvador Franco murió por falta de atención médica en una cárcel del régimen de Maduro|url=https://www.infobae.com/america/venezuela/2021/01/03/el-preso-politico-indigena-salvador-franco-murio-por-desnutricion-y-falta-de-atencion-medica-en-una-carcel-del-regimen-de-maduro/|website=[[Infobae]]}}</ref><ref name=":17">{{Cite web|date=2021-01-03|title=Foro Penal: Falleció en El Rodeo II el preso político pemón Salvador Franco|url=https://www.elnacional.com/venezuela/foro-penal-fallecio-en-el-rodeo-ii-el-preso-politico-pemon-salvador-franco/|website=[[El Nacional (Venezuela)|El Nacional]]}}</ref> There was a court order for his transfer to a health center since 21 November 2020, but it was ultimately ignored.<ref name=":03" /><ref name=":17" /> |
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[[Tascon List]] |
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== Relationships with international bodies == |
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[[Abortion in Venezuela]] is currently illegal except in cases of a threat to the life of the pregnant woman. |
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=== Human Rights Watch === |
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===Indigenous rights=== |
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In September 2008, the Venezuelan government expelled [[Human Rights Watch]] Americas Director, {{ill|Jose Miguel Vivanco|es}}, from the country over the publication of a report<ref>{{cite book |publisher=Human Rights Watch |url=https://www.hrw.org/en/world-report-2010/venezuela |title=Venezuela: Events of 2009 |date=20 January 2010 |access-date=31 January 2010 |archive-url=https://web.archive.org/web/20100131190011/http://www.hrw.org/en/world-report-2010/venezuela |archive-date=31 January 2010 |url-status=live }}</ref><ref>{{cite web |title=Venezuela: Chávez's Authoritarian Legacy |publisher=[[Human Rights Watch]] |date=5 March 2013 |url=https://www.hrw.org/news/2013/03/05/venezuela-chavezs-authoritarian-legacy |access-date=2 November 2016 |archive-url=https://web.archive.org/web/20161129022415/https://www.hrw.org/news/2013/03/05/venezuela-chavezs-authoritarian-legacy |archive-date=29 November 2016 |url-status=live }}</ref> entitled "A Decade Under Chávez: Political Intolerance and Lost Opportunities for Advancing Human Rights in Venezuela",<ref>{{cite web |title=Venezuela: Human Rights Watch Delegation Expelled |publisher=[[Human Rights Watch]] |date=19 September 2008 |url=https://www.hrw.org/en/news/2008/09/19/venezuela-human-rights-watch-delegation-expelled |access-date=1 July 2009 |archive-url=https://web.archive.org/web/20090625032524/http://www.hrw.org/en/news/2008/09/19/venezuela-human-rights-watch-delegation-expelled |archive-date=25 June 2009 |url-status=live }}</ref> which discussed systematic violations to human, civil and political rights. |
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The [[Indigenous peoples of the Americas#Venezuela|indigenous peoples of Venezuela]] make up only around 1.5% of the population nationwide, though the proportion is nearly 50% in [[Amazonas (Venezuelan state)|Amazonas state]].<ref>Van Cott (2003:52)</ref> Prior to the creation of the 1999 constitution, legal rights for [[indigenous peoples]] were increasingly lagging behind other Latin American countries, which were progressively enshrining a common set of indigenous collective rights in their national constitutions.<ref name=vancott51/> In the beginning of the 19th century the government of Venezuela did little for indigenous peoples, more so they were pushed away from the agricultural centre to the periphery. In 1913, during a [[rubber boom]], colonel Toman Funes seized control of Amazonas’ [[San Fernando de Atabapo]], where 100 settlers were killed. In the following nine years, Funes destroyed dozens of [[Ye'kuana]] villages and killed several thousands Ye'kuana. In 1961 a new constitution came, but instead of improving the rights of indigenous peoples, this constitution was actually a step backward from the previous 1947 constitution.<ref name=vancott51>Van Cott (2003), "Andean Indigenous Movements and Constitutional Transformation: Venezuela in Comparative Perspective", ''Latin American Perspectives'' 30(1), p51</ref> |
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On 17 September 2020, [[United Nations]] discovered Venezuelan authorities and armed pro-government groups committed human rights violations that amounted to crimes against humanity.<ref>{{cite web|url=https://www.hrw.org/news/2020/09/16/venezuela-un-inquiry-finds-crimes-against-humanity|title=Venezuela: UN Inquiry Finds Crimes Against Humanity|access-date=17 September 2020|website=Human Rights Watch|date=16 September 2020 }}</ref> |
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In 1999, a new constitution was formed, the [[1999 Venezuelan Constitution]]. In this constitution Chávez, being mixed of indigenous descent himself, aimed for the improvement of human rights, mainly those of women and indigenous peoples. The constitution stated that three seats should be reserved for indigenous delegates in the 131-member [[1999 Constituent Assembly of Venezuela|constitutional assembly]] <ref>Van Cott (2003:55)</ref> and two additional indigenous delegates won unreserved seats in the assembly elections.<ref>Van Cott (2003:56)</ref> Ultimately the constitutional process produced "the region's most progressive indigenous rights regime".<ref name=vancott63>Van Cott (2003:63)</ref> Innovations included Article 125's guarantee of political representation at all levels of government, and Article 124's prohibition on "the registration of patents related to indigenous genetic resources or intellectual property associated with indigenous knowledge."<ref name=vancott63/> The new constitution followed the example of Colombia in reserving parliamentary seats for indigenous delegates (three in Venezuela's National Assembly); and it was the first Latin American constitution to reserve indigenous seats in state assemblies and municipal councils in districts with indigenous population.<ref>Van Cott (2003:65)</ref> |
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=== Inter-American Commission on Human Rights === |
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The Yukpa did receive 40,000 hectares of land from the government in 2009, but one of several Yukpa leaders, Sabino Romero, opposed the government land grant initiative, calling it a "divisive measure". In mid-2010, Sabino Romero participated in a protest outside of the Venezuelan Supreme Court demanding the indigenous justice system be respected. "We have our culture, our justice system. We can judge and punish those guilty of damage to the community without our chiefs having to be prisoners under the Creole law," said Romero in an interview.<ref>http://venezuelanalysis.com/news/6075</ref> Now, in 2011, some 12 years after the constitution was formed no real improvements are visible. The indigenous peoples of Venezuela were given [[special rights]] through the 1999 constitution, however, the vast majority of these people still live in very critical conditiones of poverty. The largest groups do receive education, but only some basic primary education in their languages. |
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[[File:Situação dos direitos humanos na Venezuela (46607286445).png|thumb|April 2019 findings: "98% of cases of human rights violations go unpunished in Venezuela"]] |
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Venezuela has denied access to the [[Inter-American Commission on Human Rights]] (IACHR) since 2002, stating that it supported the [[2002 Venezuelan coup d'état attempt|2002 coup against Hugo Chávez]].<ref name=LPoct28>{{cite news |title=Cidh califica de excepcional rechazo del gobierno venezolano ante posible visita |url=http://www.lapatilla.com/site/2014/10/28/cidh-califica-de-excepcional-rechazo-del-gobierno-venezolano-ante-posible-visita/ |access-date=28 October 2014 |agency=La Patilla |date=28 October 2014 |archive-url=https://web.archive.org/web/20141029080311/http://www.lapatilla.com/site/2014/10/28/cidh-califica-de-excepcional-rechazo-del-gobierno-venezolano-ante-posible-visita/ |archive-date=29 October 2014 |url-status=live }}</ref> |
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A 2010 OAS it also indicated "blistering" concerns with freedom of expression, human rights abuses, authoritarianism, press freedom, control of the judiciary, threats to democracy,<ref name=ChavezCriticized>{{cite news |url=https://www.washingtonpost.com/wp-dyn/content/article/2010/02/24/AR2010022401884.html?hpid=moreheadlines |title=Venezuela, President Chávez criticized in OAS report |author=Forero, Juan |newspaper=The Washington Post |date=24 February 2010 |access-date=24 February 2010 |archive-url=https://web.archive.org/web/20110604182637/http://www.washingtonpost.com/wp-dyn/content/article/2010/02/24/AR2010022401884.html?hpid=moreheadlines |archive-date=4 June 2011 |url-status=live }}</ref> political intimidation, and "the existence of a pattern of impunity in cases of violence, which particularly affects media workers, human rights defenders, trade unionists, participants in public demonstrations, people held in custody, 'campesinos' (small-scale and subsistence farmers), indigenous people, and women",<ref name=CNNOAS>{{cite news |url=http://edition.cnn.com/2010/WORLD/americas/02/24/venezuela.human.rights/ |title=Venezuela violates human rights, OAS commission reports |date=24 February 2010 |access-date=24 February 2010 |publisher=CNN |archive-url=https://web.archive.org/web/20100301001706/http://edition.cnn.com/2010/WORLD/americas/02/24/venezuela.human.rights/ |archive-date=1 March 2010 |url-status=live }}</ref> as well as erosion of separation of powers and "severe economic, infrastructure, and social headaches", and "chronic problems including power blackouts, soaring crime, and a perceived lack of investment in crucial sectors".<ref name=WSJOAS>{{cite news |url=https://www.wsj.com/articles/SB10001424052748703510204575085801117383696 |title=OAS Report Chastises Venezuela |work=The Wall Street Journal |date=24 February 2010 |access-date=24 February 2010 |author=Prado, Paulo |quote=... issued a scathing report that accuses Venezuela's government of human-rights abuses, political repression, and eroding the separation of powers among government branches in the oil-rich country. In its sternly worded conclusion, it blames the government of President Hugo Chávez—already reeling from a recession and energy shortages that have undermined his popularity in recent months—for "aspects that contribute to the weakening of the rule of law and democracy." ... The problems include the firing of judges critical of Mr. Chávez, the shuttering of critical media outlets, and the exertion of pressure on public employees, including those of state oil giant Petróleos de Venezuela SA, to support the government at the ballot box. ... Mr. Chávez has been struggling to maintain his popularity at home amid severe economic, infrastructure, and social headaches. In addition to the downturn and ballooning inflation, the government faces mounting criticism and public protests over chronic problems including power blackouts, soaring crime, and a perceived lack of investment in crucial sectors, including roads and the all-important oil industry. |archive-url=https://web.archive.org/web/20150216040218/http://www.wsj.com/articles/SB10001424052748703510204575085801117383696 |archive-date=16 February 2015 |url-status=live }}</ref><ref name="OAS2010">{{cite press release |url=http://www.cidh.oas.org/Comunicados/English/2010/20V-10eng.htm |title=Press release N° 20/10, IACHR publishes report on Venezuela |work=Inter-American Commission on Human Rights |publisher=[[Organization of American States]] |date=24 February 2010 |access-date=26 February 2010 |archive-url=https://web.archive.org/web/20100228165313/http://www.cidh.oas.org/Comunicados/English/2010/20V-10eng.htm |archive-date=28 February 2010 |url-status=live}}</ref><ref name="IACHRRequests">{{cite news |author=Alonso, Juan Francisco |date=24 February 2010 |title=IACHR requests the Venezuelan government to guarantee all human rights |work=[[El Universal (Caracas)|El Universal]] |url=http://english.eluniversal.com/2010/02/24/en_pol_esp_iachr-requests-the-v_24A3481131.shtml |url-status=dead |access-date=25 February 2010 |archive-url=https://web.archive.org/web/20130514221603/http://english.eluniversal.com/2010/02/24/en_pol_esp_iachr-requests-the-v_24A3481131.shtml |archive-date=14 May 2013}}</ref><ref name="Jurist">{{cite web |author=Schimizzi, Carrie |date=24 February 2010 |title=Venezuela government violating basic human rights: report |url=http://jurist.law.pitt.edu/paperchase/2010/02/venezuela-government-violating-basic.php |url-status=dead |archive-url=https://web.archive.org/web/20131020120703/http://jurist.law.pitt.edu/paperchase/2010/02/venezuela-government-violating-basic.php |archive-date=20 October 2013 |access-date=25 February 2010 |publisher=Jurist: Legal news and research}}</ref> The report discusses decreasing rights of opposition to the government and "goes into heavy detail" about control of the judiciary. It says elections are free, but that the state has increasing control over media and state resources used during election campaigns and opposition elected officials have "been prevented from actually carrying out their duties afterward".<ref>{{cite web |url=https://www.npr.org/templates/story/story.php?storyId=124031052 |title=OAS Report Critical of Venezuela's Chavez |author=Forero, Juan and Steve Inskeep |publisher=[[National Public Radio]] (NPR) |date=24 February 2010 |access-date=25 February 2010 |archive-url=https://web.archive.org/web/20100301104000/http://www.npr.org/templates/story/story.php?storyId=124031052 |archive-date=1 March 2010 |url-status=live }}</ref> However, the report also recognised "achievements with regard to the eradication of illiteracy, the set up of a primary health network, land distribution and the reduction of poverty".<ref name="OAS2010" /> |
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==Relationships with international actors== |
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Chávez rejected the 2010 OAS report, vowing to withdraw from the IACHR and calling the report "pure garbage".<ref>{{Cite news |date=2010-02-26 |title=Chávez dice abandonará organismo DDHH de la OEA por "mafioso" |language=ja |work=Reuters |url=https://jp.reuters.com/article/latinoamerica-politica-venezuela-cidh-idLTASIE61O1OU20100226 |access-date=2022-09-09}}</ref> He disclaimed any power to influence the judiciary.<ref>{{cite news |url=https://www.nytimes.com/aponline/2010/02/25/world/AP-LT-Venezuela-Rights-Report.html |title=Chavez Rejects Report Citing Rights Violations |work=The New York Times |agency=Associated Press |date=25 February 2010 |access-date=25 February 2010}}{{dead link|date=May 2016|bot=medic}}{{cbignore|bot=medic}}</ref> Ombudswoman [[Gabriela Ramírez]] argued that the report distorted and took statistics out of context, saying that "human rights violations in Venezuela have decreased".<ref>{{cite news |url=http://edition.cnn.com/2010/WORLD/americas/02/25/venezuela.human.rights.report/?hpt=Sbinn |title=Venezuelan official disputes report on human rights abuses |publisher=CNN |date=25 February 2010 |access-date=26 February 2010 |archive-url=https://web.archive.org/web/20110604121813/http://edition.cnn.com/2010/WORLD/americas/02/25/venezuela.human.rights.report/?hpt=Sbinn |archive-date=4 June 2011 |url-status=live }}</ref> |
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===Human Rights Watch=== |
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In September 2008 the Venezuelan government expelled from the country [[Human Rights Watch]] Americas Director Jose Miguel Vivanco, over the publication of a report<ref>{{cite web|publisher= Human Rights Watch |url= http://www.hrw.org/en/world-report-2010/venezuela|title= Venezuela: Events of 2009 |accessdate =31 January 2010}}</ref> entitled "A Decade Under Chávez: Political Intolerance and Lost Opportunities for Advancing Human Rights in Venezuela",<ref>{{cite web|title = Venezuela: Human Rights Watch Delegation Expelled|publisher = [[Human Rights Watch]]|date = 19 September 2008|url = http://www.hrw.org/en/news/2008/09/19/venezuela-human-rights-watch-delegation-expelled|accessdate = 1 July 2009}}</ref> which discussed systematic violations to human, civil and political rights. |
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In October 2014, the IACHR asked for permission to assess the human rights environment in Venezuela, but the Commission was denied.<ref name=LPoct28 /> |
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===IACHR=== |
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Venezuela has denied access to the [[Inter-American Commission on Human Rights]] since 2002 stating that the commission took part in the 2002 coup against Hugo Chávez.<ref name=LPoct28>{{cite news|title=Cidh califica de excepcional rechazo del gobierno venezolano ante posible visita|url=http://www.lapatilla.com/site/2014/10/28/cidh-califica-de-excepcional-rechazo-del-gobierno-venezolano-ante-posible-visita/|accessdate=28 October 2014|agency=La Patilla|date=28 October 2014}}</ref> |
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During the [[Venezuelan presidential crisis]], [[Juan Guaidó]] requested the IACHR to visit the country, request that was granted.{{Failed verification|date=January 2022}} Maduro's administration denied access to the IACHR in January 2020. The IACHR was expected to visit the country in February 2020.<ref>{{Cite web|url=https://lta.reuters.com/articulo/venezuela-politica-cidh-idLTAKBN1ZU2NJ|archive-url=https://web.archive.org/web/20200202152022/https://lta.reuters.com/articulo/venezuela-politica-cidh-idLTAKBN1ZU2NJ|url-status=dead|archive-date=2 February 2020|title=Gobierno de Venezuela cierra la puerta a visita de delegados CIDH|date=31 January 2020|website=Reuters|language=es|access-date=2020-02-02}}</ref> The delegation was stopped at the airport when it tried to take a plane to visit Venezuela.<ref name=":1">{{Cite news|url=https://www.reuters.com/article/us-venezuela-politics-rights-idUSKBN1ZY2DF|title=OAS human rights delegation barred from entering Venezuela|date=4 February 2020|work=Reuters|access-date=5 February 2020}}</ref> The delegation decided instead to travel to [[Cúcuta]], Colombia, close to the border with Venezuela.<ref name=":1" /> |
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In May 2009 Venezuela rejected the annual report of the Inter-American Commission on Human Rights.<ref name=VA120509>''Venezuelanalysis'', 12 May 2009, [http://www.venezuelanalysis.com/news/4438 Venezuela Rejects Inter-American Human Rights Commission Report]</ref> Amongst other issues raised (including failure to address unsolved murders and extrajudicial executions) the report declared Venezuela "a hostile environment for political dissent."<ref>[[IACHR]], Annual Report 2008, [http://www.cidh.org/annualrep/2008eng/Chap4.f.eng.htm CHAPTER IV - HUMAN RIGHTS DEVELOPMENTS IN THE REGION]</ref> IACHR President Luz Patricia Mejía acknowledged the report's heavy reliance on Venezuelan private media sources, and recommended an internal debate at the next OAS summit.<ref>"We have openly questioned the use of the media as a principal source from which to formulate a general diagnosis of human rights in Venezuela, the use of media which have participated in an open and direct manner in political junctures that the country has lived and is living, and most of all, those which participated in an open and direct manner in the coup d'état in 2002", Mejía said. ''Venezuelanalysis'', 12 May 2009, [http://www.venezuelanalysis.com/news/4438 Venezuela Rejects Inter-American Human Rights Commission Report]</ref> |
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=== European Parliament === |
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A 2010 OAS report<ref name=OAS2010>{{cite press release |url= http://www.cidh.oas.org/Comunicados/English/2010/20V-10eng.htm|title= Press release N° 20/10, IACHR publishes report on Venezuela |publisher= [[Organization of American States]] |work= Inter-American Commission on Human Rights |date= 24 February 2010 |accessdate = 26 February 2010}}</ref> indicated "achievements with regard to the eradication of illiteracy, the set up of a primary health network, land distribution and the reduction of poverty",<ref name=IACHRRequests>{{cite news |url= http://english.eluniversal.com/2010/02/24/en_pol_esp_iachr-requests-the-v_24A3481131.shtml |title= IACHR requests the Venezuelan government to guarantee all human rights |author= Alonso, Juan Francisco |work= [[El Universal (Caracas)|El Universal]] |date= 24 February 2010 |accessdate=25 February 2010}}</ref> and "improvements in the areas of economic, social, and cultural rights".<ref name=Jurist>{{cite web |url= http://jurist.law.pitt.edu/paperchase/2010/02/venezuela-government-violating-basic.php |title= Venezuela government violating basic human rights: report |author= Schimizzi, Carrie |publisher=Jurist: Legal news and research |date= 24 February 2010 |accessdate= 25 February 2010}}</ref> The report also found "blistering" concerns with freedom of expression, human rights abuses, authoritarianism, press freedom, control of the judiciary, threats to democracy,<ref name=ChavezCriticized>{{cite news |url= http://www.washingtonpost.com/wp-dyn/content/article/2010/02/24/AR2010022401884.html?hpid=moreheadlines |title= Venezuela, President Chávez criticized in OAS report |author=Forero, Juan |work= The Washington Post |date = 24 February 2010 |accessdate= 24 February 2010}}</ref> political intimidation, and "the existence of a pattern of impunity in cases of violence, which particularly affects media workers, human rights defenders, trade unionists, participants in public demonstrations, people held in custody, 'campesinos' (small-scale and subsistence farmers), indigenous people, and women",<ref name=CNNOAS>{{cite news |url= http://edition.cnn.com/2010/WORLD/americas/02/24/venezuela.human.rights/ |title= Venezuela violates human rights, OAS commission reports |date= 24 February 2010 |accessdate= 24 February 2010 |publisher= CNN}}</ref> as well as erosion of separation of powers and "severe economic, infrastructure, and social headaches", and "chronic problems including power blackouts, soaring crime, and a perceived lack of investment in crucial sectors".<ref name=WSJOAS>{{cite news |url= http://online.wsj.com/article/SB10001424052748703510204575085801117383696.html |title= OAS Report Chastises Venezuela |work= The Wall Street Journal |date= 24 February 2010 |accessdate= 24 February 2010 |author=Prado, Paulo |quote= ... issued a scathing report that accuses Venezuela's government of human-rights abuses, political repression, and eroding the separation of powers among government branches in the oil-rich country. In its sternly worded conclusion, it blames the government of President Hugo Chávez—already reeling from a recession and energy shortages that have undermined his popularity in recent months—for "aspects that contribute to the weakening of the rule of law and democracy." ... The problems include the firing of judges critical of Mr. Chávez, the shuttering of critical media outlets, and the exertion of pressure on public employees, including those of state oil giant Petróleos de Venezuela SA, to support the government at the ballot box. ... Mr. Chávez has been struggling to maintain his popularity at home amid severe economic, infrastructure, and social headaches. In addition to the downturn and ballooning inflation, the government faces mounting criticism and public protests over chronic problems including power blackouts, soaring crime, and a perceived lack of investment in crucial sectors, including roads and the all-important oil industry.}}</ref> According to the [[National Public Radio]], the report discusses decreasing rights of opposition to the government and "goes into heavy detail" about control of the judiciary. It says elections are free, but the state has increasing control over media and state resources used during election campaigns, and opposition elected officials have "been prevented from actually carrying out their duties afterward".<ref>{{cite web| url= http://www.npr.org/templates/story/story.php?storyId=124031052 |title= OAS Report Critical of Venezuela's Chavez |author= Forero, Juan and Steve Inskeep |publisher= [[National Public Radio]] (NPR) |date= 24 February 2010 |accessdate= 25 February 2010}}</ref> CNN says the "lack of independence by Venezuela's judiciary and legislature in their dealings with leftist President Hugo Chávez often leads to the abuses",<ref name=CNNOAS/> and the ''[[Wall Street Journal]]'' blames the government of Chavez.<ref name=WSJOAS/> |
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{{update|t={{CURRENTTIMESTAMP}}|date=March 2021}} |
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The [[European Parliament]] passed a February 2010 resolution<ref name=EuropeanParliamentHR>{{cite press release |url=http://www.europarl.europa.eu/news/expert/infopress_page/015-68829-039-02-07-902-20100210IPR68828-08-02-2010-2010-false/default_en.htm |title=Human rights: Venezuela, Madagascar, Burma |publisher=[[European Parliament]] |date=11 February 2010 |access-date=24 February 2010 |archive-url=https://web.archive.org/web/20100214120209/http://www.europarl.europa.eu/news/expert/infopress_page/015-68829-039-02-07-902-20100210IPR68828-08-02-2010-2010-false/default_en.htm |archive-date=14 February 2010 |url-status=live }}</ref> expressing "concern about the movement toward authoritarianism" by Chavez.<ref name=EuropeanRes>{{cite news |url=http://www.upi.com/Top_News/International/2010/02/12/European-Parliament-OKs-resolutions/UPI-15451266005862/ |title=European Parliament OKs resolutions |work=United Press International |date=12 February 2010 |access-date=24 February 2010 |quote=The members expressed concern about the movement toward authoritarianism by Venezuelan President Hugo Chávez's government, the European Union said Thursday in a release. In January 2010, six cable and satellite television channels were ordered off the air after they were criticized for failing to broadcast Chavez's speech on the 52nd anniversary of the overthrow of Perez Jimenez. |archive-url=https://web.archive.org/web/20100218033837/http://www.upi.com/Top_News/International/2010/02/12/European-Parliament-OKs-resolutions/UPI-15451266005862/ |archive-date=18 February 2010 |url-status=live }}</ref> |
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=== United Nations === |
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Chávez rejected the 2010 OAS report, calling it "pure garbage", and said Venezuela should boycott the OAS; a spokesperson said, "We don't recognize the commission as an impartial institution". He disclaims any power to influence the judiciary.<ref>{{cite news |url= http://www.nytimes.com/aponline/2010/02/25/world/AP-LT-Venezuela-Rights-Report.html |title= Chavez Rejects Report Citing Rights Violations |work= New York Times |publisher = Associated Press |date= 25 February 2010 |accessdate= 25 February 2010}} {{Dead link|date=September 2010|bot=RjwilmsiBot}}</ref> A Venezuelan official said the report distorts and takes statistics out of context, saying that "human rights violations in Venezuela have decreased".<ref>{{cite news |url=http://edition.cnn.com/2010/WORLD/americas/02/25/venezuela.human.rights.report/?hpt=Sbinn |title= Venezuelan official disputes report on human rights abuses |publisher = CNN |date= 25 February 2010 |accessdate = 26 February 2010}}</ref> |
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{{Quote box |
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| quote = “Let's overcome the differences, the conflict we had.” |
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“The doors of the Miraflores palace are open...so that we can talk about the differences we have, the conflict that arose and overcome it,” |
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In October 2014, the IACHR asked for permission to assess the human rights environment in Venezuela, though the commission was denied.<ref name=LPoct28/> |
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| source = —Maduro said on 23 April, 2024 in an event held at the Miraflores presidential palace, with Karim Khan (the prosecutor of the International Criminal Court), who is investigating Venezuela for possible human right crimes, standing next to him. In the event Maduro said he agreed to allow the reopening of the office of the United Nations High Commissioner for Human Rights (OHCHR). The UN Human Rights Office was expelled from Venezuela in February after it had expressed concern over the detention of [[Rocío San Miguel]].<ref name="MercoPress 2024 r972">{{cite web | title=UN Human Rights Office to resume operations in Venezuela following agreement with Maduro | website=MercoPress | date=24 Apr 2024 | url=https://en.mercopress.com/2024/04/24/un-human-rights-office-to-resume-operations-in-venezuela-following-agreement-with-maduro | access-date=3 May 2024}}</ref><ref name="Reuters 2024 q787">{{cite web | title=Venezuela's Maduro says he is open to receiving UN rights envoy | website=Reuters | date=24 Apr 2024 | url=https://www.reuters.com/world/americas/venezuelas-maduro-says-he-is-open-receiving-un-rights-envoy-2024-04-24/ | access-date=3 May 2024}}</ref> |
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=== European Parliament === |
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}} |
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The [[European Parliament]] passed a February 2010 resolution<ref name=EuropeanParliamentHR>{{cite press release |url= http://www.europarl.europa.eu/news/expert/infopress_page/015-68829-039-02-07-902-20100210IPR68828-08-02-2010-2010-false/default_en.htm |title= Human rights: Venezuela, Madagascar, Burma |publisher = [[European Parliament]] |date= 11 February 2010| accessdate = 24 February 2010}}</ref> expressing "concern about the movement toward authoritarianism" by Chavez.<ref name=EuropeanRes>{{cite news |url= http://www.upi.com/Top_News/International/2010/02/12/European-Parliament-OKs-resolutions/UPI-15451266005862/|title= European Parliament OKs resolutions |publisher=UPI.com |date= 12 February 2010 | accessdate= 24 February 2010 |quote=The members expressed concern about the movement toward authoritarianism by Venezuelan President Hugo Chávez's government, the European Union said Thursday in a release. In January 2010, six cable and satellite television channels were ordered off the air after they were criticized for failing to broadcast Chavez's speech on the 52nd anniversary of the overthrow of Perez Jimenez.}}</ref> |
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On 12 November 2012, Venezuela was elected by the [[United Nations General Assembly]] to hold a seat on the [[United Nations Human Rights Council]] for the 2013–2015 period; the first time Venezuela was elected to the council.<ref>[[United Nations]], 12 November 2012, [https://www.un.org/News/Press/docs//2012/ga11310.doc.htm IN SINGLE SECRET BALLOT, GENERAL ASSEMBLY ELECTS 18 MEMBER STATES TO SERVE THREE-YEAR TERMS ON HUMAN RIGHTS COUNCIL] {{Webarchive|url=https://web.archive.org/web/20140928032320/http://www.un.org/News/Press/docs/2012/ga11310.doc.htm |date=28 September 2014 }}, General Assembly GA/11310</ref> |
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On 27 September 2018, the UN Human Rights Council adopted a resolution for the first time on human rights abuses in Venezuela, with a vote of 23 in favor, 7 against and 17 abstentions. Eleven countries in the Americas sponsored the resolution, including [[Canada]], [[Mexico]] and [[Argentina]].<ref>[https://www.hrw.org/americas/venezuela Venezuela]</ref><ref>[https://www.hrw.org/news/2018/09/27/venezuela-landmark-un-rights-council-resolution Venezuela: Landmark UN Rights Council Resolution]</ref> |
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When the UN General Assembly voted to add Venezuela to the [[UN Human Rights Council]] in October 2019, US Ambassador to the United Nations [[Kelly Craft]] wrote: "I am personally aggrieved that 105 countries voted in favor of this affront to human life and dignity. It provides ironclad proof that the Human Rights Council is broken, and reinforces why the United States withdrew."<ref name="auto6">{{Cite web|url=https://www.nytimes.com/2019/10/17/world/americas/venezuela-united-nations-human-rights-council.html|title=Venezuela to Join U.N. Human Rights Council, Despite Track Record|first=Alexandria|last=Symonds|date=October 17, 2019|work=The New York Times}}</ref> |
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On 15 February 2024, the Maduro government closed the [[Office of the United Nations High Commissioner for Human Rights|UN High Commissioner for Human Rights]] office in Caracas after High Commissioner [[Volker Türk]] condemned the detention of activist [[Rocío San Miguel]], demanding "her immediate release and respect for her right to legal defense". Maduro's government expelled its officials, giving them 72 hours to leave the country.<ref>{{Cite web |date=2024-02-15 |title=Maduro cierra la Oficina del Alto Comisionado de Derechos Humanos de la ONU y expulsa a sus funcionarios |url=https://www.elmundo.es/internacional/2024/02/15/65ce4edbfc6c8325188b45b4.html |access-date=2024-02-22 |website=[[El Mundo (Spain)|El Mundo]] |language=es}}</ref> |
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== See also == |
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* [[Torture in Venezuela]] |
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On 12 November 2012, Venezuela was elected by the [[United Nations General Assembly]] to hold a seat on the [[United Nations Human Rights Council]] for the period 2013-2015 - the first time Venezuela was elected to this panel.<ref>[[United Nations]], 12 November 2012, [http://www.un.org/News/Press/docs//2012/ga11310.doc.htm IN SINGLE SECRET BALLOT, GENERAL ASSEMBLY ELECTS 18 MEMBER STATES TO SERVE THREE-YEAR TERMS ON HUMAN RIGHTS COUNCIL], General Assembly GA/11310</ref> |
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* [[LGBT rights in Venezuela]] |
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* [[International Criminal Court and Venezuela]] |
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* [[Anti-Solidarity Law]] |
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==References== |
== References == |
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{{Reflist|colwidth=30em}} |
{{Reflist|colwidth=30em}} |
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==External links== |
== External links == |
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* [[Library of Congress]], [http://memory.loc.gov/frd/cs/vetoc.html A Country Study: Venezuela] |
* [[Library of Congress]], [http://memory.loc.gov/frd/cs/vetoc.html A Country Study: Venezuela] |
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* [ |
* [https://www.hrw.org/en/americas/venezuela Human Rights Watch / Venezuela] |
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* [ |
* [https://www.amnesty.org/en/region/venezuela Amnesty International Venezuela page] {{Webarchive|url=https://web.archive.org/web/20150213013246/https://www.amnesty.org/en/region/venezuela |date=13 February 2015 }} |
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* [https://www.hrw.org/world-report/2017/country-chapters/venezuela World Report 2017: Venezuela] Human Rights Watch |
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{{South America in topic|Human rights in}} |
{{South America in topic|Human rights in}} |
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{{Bolivarian Venezuela Crisis|state=collapsed}} |
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{{Use dmy dates|date=December 2012}} |
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{{Use dmy dates|date=August 2018}} |
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[[Category:Articles containing video clips]] |
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{{DEFAULTSORT:Human Rights In Venezuela}} |
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[[Category:Human rights in Venezuela]] |
[[Category:Human rights in Venezuela| ]] |
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[[Category:Government of Venezuela]] |
[[Category:Government of Venezuela]] |
Latest revision as of 15:12, 3 May 2024
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The record of human rights in Venezuela has been criticized by human rights organizations such as Human Rights Watch and Amnesty International. Concerns include attacks against journalists, political persecution, harassment of human rights defenders, poor prison conditions, torture, extrajudicial executions by death squads, and forced disappearances.[1][2][3]
According to the Human Rights Watch report of 2017, under the leadership of President Hugo Chávez and now President Nicolás Maduro, the accumulation of power in the executive branch and erosion of human rights guarantees have enabled the government to intimidate, persecute, and even criminally prosecute its critics.[4] The report added that other persistent concerns include poor prison conditions, impunity for human rights violations, and continuous harassment by government officials of human rights defenders and independent media outlets.[4] The report continues that in 2016, the Bolivarian National Intelligence Service (SEBIN) detained dozens of people on allegations of planning, promoting, or participating in violent anti-government actions, including some that were, in fact, peaceful protests. Many say they have been tortured or otherwise abused in custody, or that they were unable to see their families or lawyers for hours, occasionally days, after an arrest. In several cases, prosecutors failed to present any credible evidence linking the accused to crimes. In some, the evidence included possession of political materials, including pamphlets calling for the release of political prisoners.[4] According to the Amnesty International report from 2016/2017 human rights defenders continued to be targeted with attacks and intimidation by state media and high-ranking government officials.[5]
Since 2014, the enduring crisis in Venezuela has resulted in hyperinflation, an economic depression, shortages of basic goods, and drastic increases in unemployment, poverty, disease, child mortality, malnutrition, and crime. According to the Amnesty International, the crisis in Venezuela has reached a “breaking point”, with 75% of citizens suffering from weight loss due to shortage of food. According to the International Monetary Fund, the unemployment rate has reached 34.3%.[6]
In 2006, Economist Intelligence Unit rated Venezuela as a "hybrid regime" with an index of 5.42 out of 10. The country was ranked 93 out of 167 countries, and the third-least democratic in Latin America after Cuba and Haiti.[7] In the 2012 report, the country's index had deteriorated to 5.15 and its ranking to 95 out of 167.[8] During the presidency of Nicolás Maduro, the country's democracy has deteriorated further, with the 2017 report downgrading Venezuela from a hybrid regime to an authoritarian regime, the lowest category, with an index of 3.87 (the second lowest in Latin America), reflecting "Venezuela’s continued slide towards dictatorship as the government has side-lined the opposition-dominated National Assembly, jailed or disenfranchised leading opposition politicians and violently suppressed opposition protests."[9]
The Human Rights Measurement Initiative[10] has similarly given Venezuela scores for Civil and Political Rights. For Safety from the State Rights, HRMI uses responses from human rights experts in Venezuela to give the country scores for freedom from arbitrary arrest, forced disappearance, the death penalty, extrajudicial execution, and torture and ill-treatment. Venezuela has received a cumulative score of 2.9 out of 10 for these rights.[11] For Empowerment Rights, which consist of freedom of assembly and association, opinion and expression, and participation in government, Venezuela receives a cumulative score of 2.4 out of 10.[12]
Legal framework
Soon after President Chávez was first elected, a national referendum was called in April 1999 in which 92% of voters favored drafting a new constitution. The constitution was drafted by an elected assembly with the participation of diverse citizens' groups, and was voted on later that year in another national referendum and approved with 71.8% support among voters. The new constitution of Venezuela sought to secure a wider range of human rights, such as health care as a human right.[13] It also created an Office of the Public Defender, which includes the Human Rights Ombudsman's Office. Of the 350 articles in the 1999 constitution, 116 are dedicated to duties, human rights, and guarantees, including a chapter on the rights of indigenous peoples.[14]
Venezuela ratified the American Convention on Human Rights in 1977.[15] This makes it part of the jurisdiction of the Inter-American Court of Human Rights.
- International Covenant on Civil and Political Rights (Human Rights Committee)
- International Covenant on Economic, Social and Cultural Rights (Committee on Economic, Social and Cultural Rights)
History
1980s
Massacre of El Amparo
The Massacre of El Amparo was a massacre of 14 fishermen that took place near the village of El Amparo, in Venezuela's western state of Apure, on 29 October 1988.[16][17] A joint military-police unit claimed the fishermen (who had no police records and were not known to either Venezuelan or Colombian military intelligence)[18] were a group of guerillas who attacked them with guns and grenades, with an alleged 15–20-minute exchange of gunfire occurring at a range of 20–30 m.[19] A case taken to the Inter-American Court of Human Rights (IACHR) concluded in 1996, with the IACHR ordering Venezuela to pay over $700,000 in reparations to next of kin and surviving victims.[17]
Caracazo
One of the six cases brought against Venezuela by the IACHR between 1977 and 1998 related to the 1989 Caracazo, which successive Venezuelan governments failed to investigate, despite requests from human rights groups such as Amnesty International,[20] and instructions from the Inter-American Court of Human Rights.[21] In July 2009, then-defence minister Italo del Valle Alliegro was charged in relation to the Caracazo.[22]
1990s
With increasing instability of the political system in the face of economic crisis, Venezuela saw two coup attempts in 1992; one of which was led by future president Hugo Chávez. Both failed, and in the process of resisting the coup attempts, government agents were reported to have killed forty people, both civilians and surrendered rebels, either as extrajudicial executions, or through the use of disproportionate force.[23]
Arbitrary detentions numbered in the hundreds and continued for some time after the events, and involved student leaders and other civic leaders not connected with the coup attempts. Freedom of expression was suspended for two months in the February case, and three weeks in the November case, and involved censorship of the media. A series of demonstrations in March and April calling for the resignation of President Carlos Andrés Pérez and the restoration of constitutional guarantees were met with state violence including indiscriminate police firing into crowds, with a total of 13 deaths.[23]
A number of members of the press covering the protests were severely injured by police.[23] Although participants in the February coup attempt were tried under the regular military justice system, in response to the November coup attempt the government created ad hoc courts based on the 1938 legal code of Eleazar López Contreras, drawn up twenty years before the transition to democracy. The Supreme Court ultimately ruled the courts unconstitutional, but on the grounds that the President had neglected to suspend the relevant constitutional rights (right to a defence, right to be tried by one's natural judge) rather than on the due process grounds for which they were criticised.[24]
During the 1989–1993 Perez period the violent repression of protest was commonplace, with one of every three demonstrations repressed. During the Caldera administration it fell, and toward the middle of this the proportion of demonstrations repressed had fallen to one of every six.[25]
2000s
![](https://upload.wikimedia.org/wikipedia/commons/thumb/a/a7/Freedom_ratings_in_Venezuela_%281998_to_2017%29.png/350px-Freedom_ratings_in_Venezuela_%281998_to_2017%29.png)
(1 = Free, 7 = not free)[26]
Shortly after Hugo Chávez's election, ratings for freedom in Venezuela dropped according to political and human rights group Freedom House.[27] In 2004, Amnesty International criticized President Chavez's administration's handling of the 2000 coup, saying that violent incidents "have not been investigated effectively and have gone unpunished" and that "impunity enjoyed by the perpetrators encourages further human rights violations in a particularly volatile political climate".[28] Amnesty International also criticized the Venezuelan National Guard and the Direccion de Inteligencia Seguridad y Prevención (DISIP) stating that they "allegedly used excessive force to control the situation on a number of occasions" during protests involving the 2004 Venezuela recall.[28] It was also noted that many of the protesters detained seemed to not be "brought before a judge within the legal time limit".[28]
In 2005, Central University of Venezuela professors Margarita López Maya and Luis Lander, stated there was a "greater recognition of the right to protest, and this has been institutionalized."[25] The violent repression of demonstrations fell to 1 in 25 in 1998–99, and to 1 in 36 by 2002–3.[25] However, in 2008, Venezuela was ranked as the least democratic nation in South America in the 2008 Economist Intelligence Unit Democracy Index.[29] Also in 2008, Freedom House removed Venezuela from its list of countries that have an electoral democracy.[30] By 2009, the Inter-American Commission on Human Rights released a report stating that Venezuela's government practiced "repression and intolerance".[31]
2010s
According to the United Nations, there were 31,096 complaints of human rights violations received between the years 2011 and 2014. Of the 31,096, 3.1% resulted in only in an indictment by the Venezuelan Public Ministry.[32][33]
In 2011, NGO PROVEA criticized the fact that the government party PSUV selected as candidate for congress Róger Cordero Lara, who was militarily involved in the Cantaura massacre in 1982. Cordero was elected and PROVEA demanded his immunity be lifted.[34]
In Freedom House's report on the year 2013, President Nicolás Maduro's government was criticized for "an increase in the selective enforcement of laws and regulations against the opposition in order to minimize its role as a check on government power", which gave Venezuela's freedom rating a downward trend.[35]
2014 Venezuelan protests
During the 2014 Venezuelan protests, multiple human rights organizations condemned the Venezuelan government for its handling of the protests as security forces had reportedly gone beyond typical practices of handling protests, with methods ranging from the use of rubber pellets and tear gas to instances of live ammunition and torture of arrested protestors, according to organizations like Amnesty International[36] and Human Rights Watch.[37] Other problems during the protests included media censorship and government tolerance of violence by pro-government militant groups known as colectivos.[38] Venezuela's government has also been accused of politically-motivated arrests of opponents, most notably former Chacao mayor and leader of Popular Will, Leopoldo López, who surrendered himself in February, responding to controversial charges of murder and inciting violence, using his arrest to protest the government's "criminalization of dissent."[39][40]
In December 2014, the United States signed Venezuela Defense of Human Rights and Civil Society Act of 2014 to impose targeted sanctions on Venezuelan individuals responsible for human rights violations as a result of the 2014 Venezuelan protests.[41][42] The law allows the freezing of assets and visa bans for those accused of using acts of violence or violating the human rights of those opposing the Venezuelan government.[43] In March 2015, the United States froze assets and revoked visas of several senior officials connected to human rights abuses in Venezuela.[44]
Hundreds of Venezuelans detained by Venezuelan authorities during the protests were tortured.[45][46]
UN Committee Against Torture
In November 2014, Venezuela appeared before the United Nations Committee Against Torture over cases between 2002 and 2014. UN experts were dissatisfied with the Venezuelan government's delegation that was led by Deputy Interior Security Law and Policy, José Vicente Rangel Avalos and questions asked by the UN Committee were not answered accurately by him. In the five-year-old case of Judge María Lourdes Afiuni Mora, a Venezuelan delegate stated, "The prosecution did not receive complaints about the alleged rape told in a book. We suggest to the committee, why worry?", to which a member of the UN commission replied "It's very important and very serious, because it transcends the individual, affects the concept of the judiciary and the rule of law if this had happened in another country." Experts of multiple NGOs also criticized the Venezuelan governments record with human rights, with one expert stating that "only 12 public officials have been convicted of violations of human rights in the last decade that in the same period have been more than 5,000 complaints". Experts also criticized the Venezuelan National Commission for the Prevention of Torture for not being independent from the government, questioned the actions of doctors and forensic experts who examined victims and asked about the judicial system's independence from other bodies of the Venezuelan government.[47][48][49]
On 28 November, the United Nations Committee Against Torture expressed "alarm" due to the reports of abuse by Venezuelan authorities during the 2014 Venezuelan protests. According to the UN committee, allegations of torture included "beatings, burnings and electric shocks in efforts to obtain confessions". The committee also called on more thorough investigations by the Venezuelan government since of the 185 investigations for abuses during the protests, only 5 had been charged. Other issues presented by the committee included the release of Leopoldo López and former mayor Daniel Ceballos from prison, which the UN committee urged.[50]
On 11 March 2015 at a UN Human Rights Council meeting in Geneva, UN rapporteur on torture and other degrading treatment, Juan E. Méndez, stated that the Bolivarian government failed to respond to multiple requests for information to which Méndez said, "In this case Venezuela did not respond, so I've drawn my conclusions based on the lack of response, but obviously on what I know of cases. And I concluded that the government violated the rights of prisoners".[51] He also stated that the Maduro government did not comply "with the obligation to investigate, prosecute and punish all acts of torture and cruel, inhuman or degrading treatment".[51]
2017 Venezuelan protests
The United Nations Human Rights Office denounced "widespread and systematic use of excessive force" against demonstrators, saying security forces and pro-government groups were responsible for the deaths of at least 73 protesters. UN Human Rights Office described "a picture of widespread and systematic use of excessive force and arbitrary detentions against demonstrators in Venezuela". "Witness accounts suggest that security forces, mainly the national guard, the national police and local police forces, have systematically used disproportionate force to instil fear, crush dissent and to prevent demonstrators from assembling, rallying and reaching public institutions to present petitions".[52]
In a 9 May 2017 letter, the Inter-American Commission on Human Rights (IACHR) stated that it "deplores the repressive measures taken by the Venezuelan authorities in response to the wave of protests that began in March in the country" and that it "calls on the State to cease these measures and to effectively fulfill its international human rights obligations." The IACHR was especially concerned with "the increase in deaths, injuries and mass detentions that has accompanied the militarization of the tasks of managing demonstrations" and expressed concern with the state of Leopoldo López's imprisonment.[53]
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The majority of individuals killed during protests died from gunshot wounds, with many resulting from the repression by Venezuelan authorities and assisting pro-government colectivos.[54] A report by Human Rights Watch and Foro Penal documented at least six cases in which Venezuelan security forces raided residential areas and apartment buildings in Caracas and in four different states, usually near barricades built by residents; according to testimonies, officials bursted into houses without warrants, stealing personal belongings and food from residents, as well as beating and arresting them.[55]
A report of the Office of the United Nations High Commissioner for Human Rights specified that non-lethal weapons were used systematically to cause unnecessary injuries, explaining that security forces had fired tear gas canisters directly against protesters at short distances.[56] Mónica Kräuter, a chemist and teacher of the Simón Bolívar University who has studied over a thousand tear gas canisters since 2014, has stated that security forces have fired expired tear gas which, according to her, "breaks down into cyanide oxide, phosgenes and nitrogens that are extremely dangerous".[57] Groups such as the Venezuelan Observatory of Health have denounced the use of tear gas fired directly or nearby health centers and hospitals, as well as houses and residential buildings.[58]
In a 15 June statement, Human Rights Watch stated that high levels officials of the government, such as José Antonio Benavides Torres, the head of the Bolivarian National Guard; Vladimir Padrino López, the defense minister and the strategic operational commander of the Armed Forces; Néstor Reverol, the interior minister, Carlos Alfredo Pérez Ampueda, director of the Bolivarian National Police; Gustavo González López, the national intelligence director, and Siria Venero de Guerrero, the military attorney general, are responsible for the human rights violations and abuses performed by Venezuelan security forces during the protests. Venezuelan officials have praised authorities for their actions and denied any wrongdoing.[59]
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Human rights groups have stated that Venezuelan authorities have used force to gain confessions. Amnesty International maintains that the government has a "premeditated policy" to commit violent and lethal acts against protesters, stating that there is "a planned strategy by the government of President Maduro to use violence and illegitimate force against the Venezuelan population to neutralize any criticism". The Wall Street Journal reported that a young men had already been tortured at an army base when soldiers piled them into two jeeps and transported them to a wooded area just outside the Venezuelan capital.[60] Foro Penal stated that "most of the detainees are beaten once they are arrested, while they are being transferred to a temporary detention site where they are to be brought before a judge", giving one instance with "a group of 40 people arrested for alleged looting, 37 reported that they were beaten before their hair was forcefully shaved off their heads". In other examples of abuses, "15 reported that they were forced to eat pasta with grass and excrement. The regime's officials forced dust from tear gas canisters up their noses to pry open their mouths. They then shoved the pasta with excrement in their mouths and made them swallow it".[61] According to the Justice and Peace Commission of the Venezuelan Episcopal Conference, many other cases of abuses have been recorded.[62]
In October 2017, Iceland blocked the entrance of 16 tonnes of tear gas from China destined to arrive in Venezuela, stating "it is clear that a large amount of tear gas is involved, and Venezuela can be seen as a hazardous area where fundamental human rights are not respected, among other things".[63]
Crimes against humanity
On 14 September 2017, Venezuelan lawyer Tamara Sujú testified about 289 cases of torture during the first audience of the Organization of American States (OAS) to analyze possible crimes against humanity in the country, including incidents during the 2017 protests and 192 cases of sexual torture.[64]
In February 2018, the International Criminal Court (ICC) announced that it would open preliminary probes into the alleged crimes against humanity performed by Venezuelan authorities.[65]
On 29 May 2018, a Board of Independent Experts designated by the Organization of American States published a 400-page report concluding that there were grounds that crimes against humanity were committed in Venezuela,[66] including "dozens of murders, thousands of extra-judicial executions, more than 12,000 cases of arbitrary detentions, more than 290 cases of torture, attacks against the judiciary and a 'state-sanctioned humanitarian crisis' affecting hundreds of thousands of people".[67]
On 27 September 2018, six states parties to the Rome Statute: Argentina, Canada, Colombia, Chile, Paraguay and Peru, referred the situation in Venezuela since 12 February 2014 to the ICC, requesting the Prosecutor Fatou Bensouda to initiate an investigation on crimes against humanity allegedly committed in the territory. On 28 September, the Presidency assigned the situation to Pre-Trial Chamber I.[68]
On 4 July 2019, the UN reported that the Venezuelan government used death squads to kill 5,287 people in 2018 and another 1,569 through mid-May 2019. Attacking security forces would arrive at a home, separate young men from the rest of the family, then fire into the walls or plant drugs. Then they would say that the victims had been killed during a confrontation.[69] According to Human Rights Watch almost 18,000 people have been killed by security forces in Venezuela since 2016 for "resistance to authority" and many of these killings may constitute extrajudicial execution.[70]
United Nations' investigators reported on 16 September 2020 that Nicolás Maduro and other high-ranking officers ordered the systematic killing and torture of critics, violating human rights.[71]
Since November 2020, Venezuelan state agents have been forcibly entering the offices of civil society organizations and making public threats against defenders engaging with human rights organizations. Five members of the Venezuelan NGO Azul Positivo were also detained without a warrant. [72]
A research by Human Rights Watch revealed that Venezuela’s judiciary failed to adequately investigate widespread abuses despite compelling evidence proving that crimes against humanity like imprisonment or other severe deprivation of physical liberty, torture, rape and/or other forms of sexual violence, and persecution against any identifiable group or by civilian authorities, members of the armed forces, and government supporters are still being committed.[73]
2019 OHCHR delegation visit
First visit
Following a 25 February Lima Group meeting in Colombia, Chilean President Sebastián Piñera criticized United Nations High Commissioner for Human Rights (OHCHR) commissioner Michelle Bachelet on 3 March for her failure to condemn Maduro, and called on her "to fulfill the role as high commissioner to defend human rights in a country where they are being brutally overrun".[74] On 8 March, her office announced that she would send a five-person delegation to Venezuela from 11 to 22 March ahead of a potential visit by Bachelet.[75] On 15 March, the Lara state College of Physicians denounced that a large operation by government officials was underway to clean, repair and provide medical supplies in Barquisimeto and was a "farce that has been put [in place] to give an express makeover to the hospital, knowing that here people die due to lack of supplies".[76] During a visit in the Carabobo state, one of the members of the delegation declared that they were not "fools", that the delegation noticed that the walls of the hospital were freshly painted and that the building smelled like paint.[77] On 17 March, the UN delegation was able to freely visit the Pastor Oropeza hospital in Lara state without escorts, learning about its precarious conditions.[78]
Bachelet gave a preliminary oral report to the UN Human Rights Council on 20 March in which she expressed extreme concern about the seriousness of the human rights situation, which was also a factor in destabilizing the region.[79][80] Prodavinci summarized the key points of her speech. She said that the recognition of and response to the crisis by authorities had been insufficient, and that conditions had deteriorated since their last visit, particularly among vulnerable populations. Recognizing that the devastation began before 2017 economic sanctions were applied, she expressed concern that sanctions would worsen the situation. She highlighted the complaints about and nature of alleged murders by special police forces (FAES). She was disturbed by escalating freedom of speech and press restrictions. She mentioned the significant impact on health care and the medical system: spread of infection disease, and maternal and infant mortality. She reported that a million children are missing school as a consequence of the conditions in the country. She mentioned the 2019 Venezuelan blackouts as an example of the country's collapsing infrastructure, leading to food, water and medical shortages. She said security forces and pro-government armed groups had used excessive force to quell protests, including assassination, arbitrary detention, torture and threats. She indicated that the search for food, health care and employment had led to mass emigration from Venezuela.[79] She urged authorities to urgently improve human rights conditions and to "demonstrate their real commitment to addressing the many challenging issues".[81]
Michelle Bachelet visit
Ahead of a three-week session of the U.N. Human Rights Council, the OHCHR chief, Michelle Bachelet, visits Venezuela from 19 to 21 June.[82] The Human Rights Commissioner met separately with both Maduro and Guaidó during her visit, as well as with Venezuelan prosecutor Tarek William Saab, some human right activists, and families of victims who experienced torture and state repression.[82][83] Protests took place in front of the UN office in Caracas during the last day of the visit, denouncing rights abuses performed by Maduro's administration.[83] Gilber Caro who was released 2 days before the visit, joined the crowd.[84] Bachelet announced the creation of a delegation maintained by two U.N. officials that will remain in Venezuela to monitor the humanitarian situation.[83] Bachelet expressed concern that the recent sanctions on oil exports and gold trade could worsen the already existing crisis experienced by Venezuelans.[83] She also called for the release of political prisoners in Venezuela.[82] Bachelet has remained under pressure by rights groups to work towards the release of 700 political prisoners jailed in Venezuela, an allegation Maduro opposes.[85]
The final published report addressed the extrajudicial executions, torture, enforced disappearances and other right violations allegedly committed by Venezuelan security forces in the recent years.[86] Bachelet expressed her concerns for the "shockingly high" number of extrajudiciary killings and urged for the dissolution of the FAES.[87] According to the report 1569 cases of executions as consequence as a result of "resistance to authority" were registered by the Venezuelan authorities from 1 January to 19 March.[87] Other 52 deaths that occurred during 2019 protests have been attributed to colectivos.[88] The report also details how the Venezuelan government has "aimed at neutralising, repressing and criminalising political opponents and people critical of the government" since 2016.[87]
During a speech in September 2019 to present the updated report in a UN meeting, Bachelet announced her concerns for possible the extra-judiciary killings carried out by the Venezuelan police after her visit in June.[89] According to her, a non-governmental organization, Victims’ Monitor (Spanish: Monitor de víctimas), reported 57 presumed extra-judiciary executions by FAES in Caracas in early July.[89] Bachelet had called earlier for the dissolution of FAES, but she expressed that "On the contrary, the FAES have received support from the highest level of Government".[89] Another concern in her speech was a proposed law to criminalize human rights organizations that receive money from abroad, a measure that according to Associated Press, "could further erode democracy in Venezuela".[90]
PROVEA
During the Macuto Bay raid in May 2020, eight people were killed, while 23 individuals were detained, in relation to the attempted incursion into Venezuela, including two US citizens. PROVEA, a human rights organization tweeted for the protection of the human rights of the detained and added that they “only support and promote constitutional, peaceful and civil means to restore the country’s democracy.”. Nicolás Maduro accused PROVEA of receiving money from the Central Intelligence Agency of the US and of defending the rights of accused “terrorists” and “mercenaries” who he claimed, being “part of Donald Trump’s security forces.” Human Rights Watch denounced Maduro administration for carrying out a "smear campaign" against PROVEA, "expanding its crackdown on critics, opponents and journalists."[91]
Civil and political rights
- See also Civil and political rights
International Covenant on Civil and Political Rights
According to the International Covenant on Civil and Political Rights (ICCPR), "Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice".[92] Specifically mentioned in Articles 18 and 19, freedom of expression and thought are guaranteed rights provided at the hand of sovereign states.[93] According to the United Nations Treaty Collection, Venezuela signed the ICCPR on 24 June 1969 and agreed to the competence of human rights law as mentioned in the covenant.[94] Thought not legally binding, signing the ICCPR represents and understand and signifies adherence to human rights standards expected of all United Nations member states. in 2015, the ICCPR concluded that Venezuela has been unable to uphold the agreements made upon the signing of the document and recommend that the country adopt measures to increase awareness of the covenant.[95]
Press freedom
The freedom of the press is mentioned by two key clauses in the 1999 Constitution of Venezuela. The right to freedom of expression is set out in Article 57 and Article 58 of the Constitution. The right to express opinions freely without censorship (Article 57) and the right to reply (Article 58) are generally in line with international standards. However, the Inter-American Commission on Human Rights (IACHR) expressed concern about Article 58 of the Constitution, which provides that "Everyone has the right to timely, truthful, impartial and uncensored information." The Commission took issue with the right to "truthful and timely" information arguing that this is "a kind of prior censorship prohibited in the American Convention on Human Rights."[96]
Concerns about freedom of the press in Venezuela have been raised by Human Rights Watch,[97][98] Amnesty International,[99] the Inter American Press Association,[100] the International Press Institute,[101] the United States Department of State,[102] Reporters without Borders,[103][104] representatives of the Catholic Church, the Inter-American Commission on Human Rights, and others.[105][106][107][108][109] Since 2003, Freedom House has ranked Venezuela as "not free" concerning press freedom,[110] with it remaining at that ranking as of 2014.[111]
On 27 May 2007, president Hugo Chávez decided shut down the channel by refusing to renew their broadcast concession, accusing the channel of being involved in the 2002 coup d'état in Venezuela, which briefly overthrew his government.[112][113] In March 2009 the Inter-American Court of Human Rights concluded two cases brought against Venezuela by the private Venezuelan TV stations Globovisión and RCTV. It concluded that the Venezuelan government had failed to do enough to prevent and punish acts of intimidation against journalists by third parties, as required by the American Convention on Human Rights.[114] On 7 September, 2015, the Inter-American Court of Human Rights ruled that the refusal to renew the concession was an "indirect restriction on the exercise of freedom of expression [...] aimed at impeding the communication and circulation of ideas and opinions", that the government violated the right to due process and that it must restore the concession for RCTV. The Venezuelan government has ignored the ruling.[115]
In March 2019, an independent Venezuelan journalist Luis Carlos Díaz was arbitrarily detained on the accusations of causing the massive blackout in the country. Díaz told his wife that during the search, the intelligence agents beat him with his helmet, took away his phone, computer and cash and threatened him to plant a corpse in his house and accuse him of homicide if he spoke about the arrest to anyone.[116] Díaz was held in the infamous El Helicoide prison in Caracas.[117]
Administration of justice
There have been problems with Venezuela's justice system throughout its democratic period (since 1958).[118] In addition to weak legislative oversight, the Venezuelan military exercises more authority over the judicial process than in most other countries. Crimes against "the independence and security of the nation, against liberty and against the public order" may be sent to military judges, and the armed forces control most law enforcement relating to border areas, actions by military personnel or by civilians in military-controlled areas, and crimes covered by both military and civilian law.[119] Venezuelan law gives the police more authority than it does in most countries, and they have a central role in initiating and operating judicial proceedings; "the police have gradually assumed many of the functions of both the [Justice Ministry] and investigating judges".[120] "This power has allowed abuses to spread throughout the judicial process", including regular use of false witnesses, invented facts and destroyed evidence, and false charges, as well as the defiance of court orders, protection of accused officials, and harassment of political activists.[120] It has also meant that the justice system has long been particularly poor at investigating alleged abuses by state agents.[121]
A 1993 Human Rights Watch report declared that "the administration of justice is in crisis. [Civilian] courts are undermined by politicization, corruption, inefficiency and lack of resources."[122] Part of the problem was identified as the "pivotal role" of the judge in criminal trials in managing investigations, including directing the Judicial Technical Police. Complex cases can overwhelm even conscientious judges, and the system easily provides "plausible cover for judicial inaction".[123] The report noted that "the perception is widespread – among lawyers, judges and fiscales as well as ordinary citizens – that corruption has tainted every level of the judicial system..."[123] Prior to 1991, the appointment of judges (via the Judicial Council) was said to be "frankly partisan"; subsequently, open competition and objective criteria mitigated the influence of politics to an extent.[124]
A major long-term problem has been the failure of justice arising from structural delays in the justice system:[124] in 1990 the average court received 675 new cases, and reached decisions on 120. In Caracas the average court took 286 days to complete the investigation phase of trials, against the legal maximum of 34; and 794 days to reach the sentencing phase, against the legal maximum of 68. As a result of the judicial backlog, many prisoners eventually convicted will have spent longer in detention at the time of sentencing than the maximum sentence permitted for their crimes. The backlog also contributes significantly to the overcrowding of Venezuela's prisons.[chronology citation needed][124]
Political prisoners
![](https://upload.wikimedia.org/wikipedia/commons/thumb/5/5a/Venezuela%27s_arbitrary_detentions_per_Foro_Penal.png/300px-Venezuela%27s_arbitrary_detentions_per_Foro_Penal.png)
Venezuela is a country where the political prisoners has escalated significantly.[125] The NGO Foro Penal says there were more than 900 political prisoners in Venezuela as of March 2019,[125] and human rights groups have said that 2,000 Chávez opponents have been under investigation.[126] Venezuela's political opposition complains that the justice system is controlled by the government and is used as a political instrument against Chavez's opponents.[127] The opposition cites corruption charges filed against a variety of opposition figures, including opposition leader Manuel Rosales, former Defense Minister Raúl Baduel, and former Governors Eduardo Manuitt and Didalco Bolívar.[128]
The opposition also claims that the government of Hugo Chávez targeted university students. Some have been jailed under charges of "destabilizing the government," or "inciting civil war." Students have launched hunger strikes over the government's alleged treatment of political prisoners.[129] According to Foro Penal, as of 4 June 2018 there were 973 political prisoners nationwide.[130][131]
The torture of political prisoners has included the capture, mistreatment and in some cases killing of their pets.[132][133]
Eligio Cedeño
In 2007, Eligio Cedeño, then President of Bolivar-Banpro Financial Group, was arrested in a crackdown by Venezuelan officials on individuals circumventing government currency rules to gain U.S. dollars. On 8 February 2007, Cedeño was accused by the Venezuelan Attorney General of aiding Consorcio MicroStar with illegal dollar transactions.[134][135][136][137] Over the next year, prosecutors repeatedly failed to turn up for court dates, leading to accusations that the case was being made to take unnecessarily long due to a lack of evidence.[138] Partly as a result, the United Nations' Working Group on Arbitrary Detention declared Cedeño's detention arbitrary in September 2009.[139]
Held in jail pending trial for 34 months, Cedeño was paroled on 10 December 2009. By the 19th Cedeño had fled to the United States, where he was detained by U.S. Immigration and Customs Enforcement until 23 December 2009, when he was released on parole pending an immigration hearing.[140]
Cedeño claims that he became a target of the Chávez government as a consequence of his support for its political opponents.[141][142]
Judge María Lourdes Afiuni
Judge María Lourdes Afiuni was arrested after ordering the release of Eligio Cedeño on corruption charges.
In December 2009, three independent human rights experts of the United Nations' Working Group on Arbitrary Detention called for her immediate and unconditional release.[143][144] Judge María Lourdes Afiuni was detained 15 minutes after granting parole to above mentioned Eligio Cedeño. Afiuni was held for 14 months in a maximum-security prison with individuals she had previously sentenced before she was granted house arrest in 2011 due to her health following lack of medical treatment and an emergency operation due to physical abuse. In 2013, Afiuni was granted parole.[145] The case of Afiuni is symbolic of the "lack of judicial independence in the country."[citation needed]
Richard Blanco
Richard Blanco, a male local government official from Caracas, was arrested in Caracas in August 2009, charged with inciting violence and injuring a police officer during a demonstration. Amnesty International said that "his detention appears to be politically motivated", saying that the video evidence provided to support the charges did not show any evidence of violence or incitement by Blanco. Amnesty asked for his liberation.[146][147] He was freed on bail in April 2010.[148]
Leopoldo López
Human rights groups consider López as "Latin America's most prominent political prisoner."[149] On 18 February, Leopoldo López turned himself in to the Venezuelan National Guard after leading protests in the county.[150] López turned himself in among thousands of cheering supporters, who, like him, wore white as a symbol of nonviolence. He gave a short speech in which he said that he hoped his arrest would awaken Venezuela to the corruption and economic disaster caused by socialist rule. The only alternative to accepting arrest, he said while standing on a statue of Jose Marti, was to "leave the country, and I will never leave Venezuela!"[151] Hours after the arrest, President Maduro addressed a cheering crowd of supporters in red, saying that he would not tolerate "psychological warfare" by his opponents and that López must be held responsible for his "treasonous acts."[152]
López was denied bail and is being held in the Ramo Verde military prison outside of Caracas.[153][154] In a July 2014 press release, Lopez' wife stated that his visitation rights had been revoked and that he was now subject to psychological tortures, including isolation.[155] Chilean lawyer and secretary of a mission of Socialist International, José Antonio Viera-Gallo, stated that in the case of López, Socialist International "confirmed human right violations against a political leader" giving examples of authorities sounding loud sirens preventing communication when López and others tried to communicate with their families .[156] tt
On 23 September 2014 at the 2014 Clinton Global Initiative meeting, President Barack Obama called for the release of López saying, "we stand in solidarity with those who are detained at this very moment".[157] On 8 October 2014, the United Nations Working Group on Arbitrary Detention ruled that López was detained arbitrarily and that the Venezuelan government "violated several of their civil, political and constitutional rights" while demanding his immediate release.[158] Weeks later, UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, called for the immediate release of López.[159] The Venezuelan government condemned the statements by the United States and the United Nations, demanding them to not interfere in Venezuelan affairs.[160]
When in September 2015 López was sentenced to 13 years and nine months prison term, Erika Guevara Rosas, Americas Director at Amnesty International denounced that "the charges against Leopoldo López were never adequately substantiated and the prison sentence against him is clearly politically motivated. His only ‘crime’ was being leader of an opposition party in Venezuela...With this decision, Venezuela is choosing to ignore basic human rights principles and giving the green light to more abuses."[161]
Antonio Ledezma
On 19 February 2015, Antonio Ledezma was detained without a warrant by the Bolivarian Intelligence Service at his office in the EXA Tower in Caracas. In the operation, the security forces made warning shots to the air to disperse a crowd that was forming. He was then transported to SEBIN's headquarters in Plaza Venezuela. His lawyer declared that the charges for his detention were unknown.[162][163][164][165][166] The New York Times stated that Ledezma was arrested by the Venezuelan Government after accusations made by President Nicolás Maduro about an "American plot to overthrow the government" that he presented a week before Ledezma's arrest.[167] Ledezma mocked the accusations stating that the Venezuelan government was destabilizing itself through corruption.[168] The United States denied the accusations by President Maduro and stated that "Venezuela's problems cannot be solved by criminalizing dissent".[167]
Human rights groups quickly condemned Ledezma's arrest and the similarity of the case to Leopoldo López's arrest was noted by The New York Times.[167] Amnesty International condemned Ledezma's arrest called it politically motivated, noting the similar cases of arrests made by the Venezuelan Government in what Amnesty International described as "silencing dissenting voices".[169] Human Rights Watch demanded his release with Human Rights Watch's Americas division director, Jose Miguel Vivanco, stating that without evidence, Ledezma "faces another case of arbitrary detention of opponents in a country where there is no judicial independence".[167][170]
Juan Requesens
On 7 August 2018, National Assembly deputy Juan Requesens was taken from his apartment in Caracas by SEBIN with his sister, who was released, supposedly in relation to the Caracas drone attack a few days earlier, though many sources refer to his unconstitutional arrest and detention as being "political" and "arbitrary", that the government used the drone attack as an excuse to penalise the opposition. He was taken contrary to his political immunity and without evidence or trial.[citation needed]
Roberto Marrero
In the early morning of 21 March 2019, SEBIN officials first broke into the home of Roberto Marrero's, chief of staff to Juan Guaidó,[171] neighbor, National Assembly deputy Sergio Vergara.[172] Vergara reported that the agents' faces were covered; they held him for several hours although he informed them that he had parliamentary immunity.[173] Vergara said he heard the officials breaking into Marrero's apartment next door. After about three hours between both apartments,[172] the officials took Marrero and Vergara's driver, Luis Alberto Páez Salazar.[174] Vergara says that as he was being taken away, Marrero shouted to him that the officials had planted a grenade and two rifles.[172][175] Marrero's attorney called it a "purely political operation".[125]
Human trafficking
Venezuela is a signatory (December 2000) to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children.[14][176] As of 2016, the U.S. Department of State considered Venezuela a Tier 3 country on the Trafficking in Persons Tier Placement rating, meaning it is a country whose government "does not fully meet the minimum standards" to stop human trafficking "and are not making significant efforts to do so."[177] Venezuela is considered a source and destination of both sex trafficking and forced labor. The government doesn't meet the minimum standards for eliminating human trafficking.[178][179]
Agrarian violence
Venezuela's present-day agriculture is characterized by inefficiency and low investment, with 70 percent of agricultural land owned by 3 percent of agricultural proprietors (one of the highest levels of land concentration in Latin America). According to the Land and Agricultural Reform Law of 2001 (see Mission Zamora), public and private land deemed to be illegally held or unproductive is to be redistributed.[14] From 1999 to 2006, 130 landless workers were murdered by sicarios paid by opponents to the reform.[180]
Prison system
In 1996, Human Rights Watch concluded that "Venezuelan prisons are catastrophic, one of the worst in the American hemisphere, violating the Venezuelan State international obligations on human rights."[181] Key problems included violence (in 1994 there were nearly 500 deaths, including around 100 in a single riot[182]), corruption, and overcrowding, with the US State Department 1996 report describing it as "overcrowding so severe as to constitute inhuman and degrading treatment".[181]
"Venezuela's penitentiary system, considered one of the most violent in Latin America, has 29 prisons and 16 penitentiaries holding some 20,000 inmates".[2]
On 20 August 2012, armed prisoners in the Yare I prison complex, an overcrowded Venezuelan prison, rioted over the weekend, resulting in the deaths of 25 people. 29 inmates and 14 visitors were injured in the riot, and one visitor was killed.[183]
Extrajudicial killings and enforced disappearances
There were 187 extrajudicial killings in 1992/3.[184]
In 2009, the Attorney General announced the creation of an investigative team to examine 6,000 reports of extrajudicial killings between 2000 and 2007.[185]
Amnesty International estimated that there were more than 8,200 extrajudicial killings in Venezuela from 2015 to 2017.[186]
A report produced by Foro Penal and Robert F. Kennedy Human Rights documents that 200 cases of forced disappearances in 2018 increased to 524 in 2019, attributed to increased protests. The analysis found that the average disappearance lasted just over five days, suggesting the government sought to avoid the scrutiny that might accompany large-scale and long-term detentions.[187][188]
Judicial independence
On 16 September 2021, the Independent International Fact-Finding Mission on Venezuela released its second report on the country's situation, concluding that the independence of the Venezuelan justice system under Nicolás Maduro has been deeply eroded, to the extent of playing an important role in aiding state repression and perpetuating state impunity for human rights violations. The document identified frequent due process violations, including the use of pre-trial detention as a routine (rather than an exceptional measure) and judges sustaining detentions or charges based on manipulated or fabricated evidence, evidence obtained through illegal means, and evidence obtained through coercion or torture; in some of the reviewed cases, the judges also failed to protect torture victims, returning them to detentions centers were torture was denounced, "despite having heard victims, sometimes bearing visible injuries consistent with torture, make the allegation in court". The report also concluded that prosecutorial and judicial individuals at all levels witness or experienced external interference in decision-making, and that several reported receiving instructions either from the judicial or prosecutorial hierarchy or from political officials on how to decide cases.[189][190][191]
Indigenous rights
The indigenous peoples of Venezuela make up around 1.5% of the population nationwide, though the proportion is nearly 50% in Amazonas state.[192] Prior to the creation of the 1999 constitution, legal rights for indigenous peoples were increasingly lagging behind other Latin American countries, which were progressively enshrining a common set of indigenous collective rights in their national constitutions.[193] In the beginning of the 19th century, the Venezuelan government did little for indigenous peoples; more so, they were pushed away from the agricultural center to the periphery. In 1913, during a rubber boom and the dictatorship of Juan Vicente Gómez, colonel Tomas Funes seized control of Amazonas’ San Fernando de Atabapo, where 100 settlers were killed. In the following nine years, Funes destroyed dozens of Ye'kuana villages and killed several thousand Ye'kuana.[193] In 1961, a new constitution came, but instead of improving the rights of indigenous peoples, this constitution was a step backward from the previous 1947 constitution.[193][clarification needed]
In 1999, a new constitution was formed, the 1999 Venezuelan Constitution. In this constitution Chávez, aimed for the improvement of human rights, mainly those of women and indigenous peoples. The constitution stated that three seats should be reserved for indigenous delegates in the 131-member constituent assembly[194] and two additional indigenous delegates won unreserved seats in the assembly elections.[195] Ultimately, the constitutional process produced what was called "the region's most progressive indigenous rights regime".[196] Innovations included Article 125's guarantee of political representation at all levels of government and Article 124's prohibition on "the registration of patents related to indigenous genetic resources or intellectual property associated with indigenous knowledge."[196] The new constitution followed the example of Colombia in reserving parliamentary seats for indigenous delegates (three in Venezuela's National Assembly); and it was the first Latin American constitution to reserve indigenous seats in state assemblies and municipal councils in districts with indigenous populations.[197]
During Nicolás Maduro's presidency (Chávez's successor) and after the creation of the Orinoco Mining Arc, the development of an area rich in mineral resources, several Venezuelan institutions, including the Academy of Physical, Mathematical and Natural Sciences, the Venezuelan Society of Ecology and the National Assembly, publicly expressed their concern at the non-compliance with environmental and sociocultural impact studies and the violation of rights to prior consultation with indigenous communities.[198][199][200][201][202]
From early 2018 the Pemon people, an indigenous community that live in the Gran Sabana grassland plateau in southern Venezuela, started coming into conflict increasingly with the Maduro administration. On 8 December, Directorate General of Military Counterintelligence (DGCIM) officials killed a person and injured two Pemons of the Arekuna community after arriving in the Campo Carrao sector, in the Canaima National Park.[203]
On 22 February 2019, on the onset of that year's shipping of humanitarian aid to Venezuela, members of the armed forces loyal to Maduro fired upon the inhabitants of Kumarakapay with live ammunition, killing two and wounding fifteen.[204] According to them, eighty of their neighbors had to flee to Brazil to escape persecutation, a 5% of inhabitants in a population of 1 500.[205] By the end of the conflict more people were killed, with varying estimates. Former governor Andrés Velásquez declared that fourteen people were killed,[206] and National Assemblyman Romel Guzamana , a chieftain of the Pemon community in Gran Sabana, stated that at least 25 Pemon were killed by Venezuelan troops.[207] The National Assembly added that 80 Pemons had disappeared since the massacre, in addition to the death toll claimed by Guzamana.[208] The events have since been called the "Kumarakapay massacre".[207]
Salvador Franco, a Pemon arrested in December 2019 accused of having participated in a barracks assault in Bolívar state, died on 3 January 2021 due to lack of medical attention. The indigenous people national coordinator of the NGO Foro Penal declared that Franco had COVID-19 and that for months suffered from gastrointestinal diseases related to the insalubrity of his penitentiary center, informing that he lost a lot of weight in his last months of life.[209][210] There was a court order for his transfer to a health center since 21 November 2020, but it was ultimately ignored.[209][210]
Relationships with international bodies
Human Rights Watch
In September 2008, the Venezuelan government expelled Human Rights Watch Americas Director, Jose Miguel Vivanco , from the country over the publication of a report[211][212] entitled "A Decade Under Chávez: Political Intolerance and Lost Opportunities for Advancing Human Rights in Venezuela",[213] which discussed systematic violations to human, civil and political rights.
On 17 September 2020, United Nations discovered Venezuelan authorities and armed pro-government groups committed human rights violations that amounted to crimes against humanity.[214]
Inter-American Commission on Human Rights
![](https://upload.wikimedia.org/wikipedia/commons/thumb/6/61/Situa%C3%A7%C3%A3o_dos_direitos_humanos_na_Venezuela_%2846607286445%29.png/220px-Situa%C3%A7%C3%A3o_dos_direitos_humanos_na_Venezuela_%2846607286445%29.png)
Venezuela has denied access to the Inter-American Commission on Human Rights (IACHR) since 2002, stating that it supported the 2002 coup against Hugo Chávez.[215]
A 2010 OAS it also indicated "blistering" concerns with freedom of expression, human rights abuses, authoritarianism, press freedom, control of the judiciary, threats to democracy,[216] political intimidation, and "the existence of a pattern of impunity in cases of violence, which particularly affects media workers, human rights defenders, trade unionists, participants in public demonstrations, people held in custody, 'campesinos' (small-scale and subsistence farmers), indigenous people, and women",[217] as well as erosion of separation of powers and "severe economic, infrastructure, and social headaches", and "chronic problems including power blackouts, soaring crime, and a perceived lack of investment in crucial sectors".[218][219][220][221] The report discusses decreasing rights of opposition to the government and "goes into heavy detail" about control of the judiciary. It says elections are free, but that the state has increasing control over media and state resources used during election campaigns and opposition elected officials have "been prevented from actually carrying out their duties afterward".[222] However, the report also recognised "achievements with regard to the eradication of illiteracy, the set up of a primary health network, land distribution and the reduction of poverty".[219]
Chávez rejected the 2010 OAS report, vowing to withdraw from the IACHR and calling the report "pure garbage".[223] He disclaimed any power to influence the judiciary.[224] Ombudswoman Gabriela Ramírez argued that the report distorted and took statistics out of context, saying that "human rights violations in Venezuela have decreased".[225]
In October 2014, the IACHR asked for permission to assess the human rights environment in Venezuela, but the Commission was denied.[215]
During the Venezuelan presidential crisis, Juan Guaidó requested the IACHR to visit the country, request that was granted.[failed verification] Maduro's administration denied access to the IACHR in January 2020. The IACHR was expected to visit the country in February 2020.[226] The delegation was stopped at the airport when it tried to take a plane to visit Venezuela.[227] The delegation decided instead to travel to Cúcuta, Colombia, close to the border with Venezuela.[227]
European Parliament
The European Parliament passed a February 2010 resolution[228] expressing "concern about the movement toward authoritarianism" by Chavez.[229]
United Nations
“Let's overcome the differences, the conflict we had.”
“The doors of the Miraflores palace are open...so that we can talk about the differences we have, the conflict that arose and overcome it,”
—Maduro said on 23 April, 2024 in an event held at the Miraflores presidential palace, with Karim Khan (the prosecutor of the International Criminal Court), who is investigating Venezuela for possible human right crimes, standing next to him. In the event Maduro said he agreed to allow the reopening of the office of the United Nations High Commissioner for Human Rights (OHCHR). The UN Human Rights Office was expelled from Venezuela in February after it had expressed concern over the detention of Rocío San Miguel.[230][231]
On 12 November 2012, Venezuela was elected by the United Nations General Assembly to hold a seat on the United Nations Human Rights Council for the 2013–2015 period; the first time Venezuela was elected to the council.[232]
On 27 September 2018, the UN Human Rights Council adopted a resolution for the first time on human rights abuses in Venezuela, with a vote of 23 in favor, 7 against and 17 abstentions. Eleven countries in the Americas sponsored the resolution, including Canada, Mexico and Argentina.[233][234]
When the UN General Assembly voted to add Venezuela to the UN Human Rights Council in October 2019, US Ambassador to the United Nations Kelly Craft wrote: "I am personally aggrieved that 105 countries voted in favor of this affront to human life and dignity. It provides ironclad proof that the Human Rights Council is broken, and reinforces why the United States withdrew."[235]
On 15 February 2024, the Maduro government closed the UN High Commissioner for Human Rights office in Caracas after High Commissioner Volker Türk condemned the detention of activist Rocío San Miguel, demanding "her immediate release and respect for her right to legal defense". Maduro's government expelled its officials, giving them 72 hours to leave the country.[236]
See also
- Torture in Venezuela
- LGBT rights in Venezuela
- International Criminal Court and Venezuela
- Anti-Solidarity Law
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Human Rights Watch and press freedom groups have criticized the investigation, saying it aims to harass Chavez's opponents.
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In Venezuela, President Hugo Chávez's government is moving against this TV station, which has press freedom groups raising questions about the future of democracy in a highly polarized country.
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Press freedom groups condemn Venezuela's recent shutdown of radio stations as part of a broader strategy by President Hugo Chávez to progressively clamp down on the private news media and they want to put a stop to it. ... Newspaper executives who lead the Miami-based Inter American Press Association say Venezuela will be at the top of their list as they gather in Caracas for an emergency forum Friday to discuss freedom of expression in the Americas.
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The United States called Friday on the Venezuelan and other Latin American governments to stop intimidating the news media and take action to uphold a free press. ... On Tuesday, the International Press Institute, a media advocacy group, denounced the deterioration of press freedom in Venezuela and in particular the Chavez government's harassment of Globovision.
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Press freedom organizations and Roman Catholic leaders condemned RCTV's removal from cable, calling it part of a broader effort to mute government critics. ... Paris-based Reporters Without Borders said the government's move is "an allergic reaction to dissident voices within the country's leading broadcast media." ... U.S. State Department Spokesman P.J. Crowley echoed earlier comments by the U.S. Embassy that Washington is concerned.
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The pace of politically motivated arrests in Nicolás Maduro's Venezuela has reached a fever pitch, advocates say, putting 2019 on track to record the highest number of political prisoners in two decades and signaling rising repression in the oil-rich country. In March, Venezuelan intelligence forces raided the home of Guaidó's chief of staff, Roberto Marrero, who was detained and charged with four counts of conspiracy and illegal gun ownership in a "purely political" operation, said attorney Joel Garcia. Garcia's client, Marrero, has yet to have a hearing; they are often delayed for months and take place behind closed doors.
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{{cite journal}}
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External links
- Library of Congress, A Country Study: Venezuela
- Human Rights Watch / Venezuela
- Amnesty International Venezuela page Archived 13 February 2015 at the Wayback Machine
- World Report 2017: Venezuela Human Rights Watch