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The Venezuelan prosecutor continues to commit crimes in front of the ICC prosecutor

Eduardo Torres. Image from public domain

Political persecution in Venezuela is neither sporadic nor does it respond to certain circumstances. It is systematic, with intervals of lesser or greater intensity depending on the government’s interests, but with an indiscriminate reach against dissent and increasingly severe consequences that feed on the accumulated damage of sustained repression. Although frequent, it is impossible to normalize this state policy, not only because of civil society’s exemplary resistance to the attacks, but because the systematic nature of the crime itself progressively reveals physical and social damage as profound as difficult to ignore.

The Maduro government has reactivated its machinery of harsh repression on the eve of the regional elections on May 25. In its report on political prisoners as of May 5, the organization Foro Penal documents 894 detainees, including five adolescents, and 9,000 people subjected to arbitrary measures restricting their freedom, such as prohibitions from leaving the country or periodic court appearances. As the Independent International Fact-Finding Mission noted just two months ago, an unprecedented pattern of repression has continued since the 2024 presidential elections, seeking to consolidate the de facto regime and silence critical voices from civil society.

The cloak of impunity that prevails over crimes has led to an increase in arbitrary actions against human rights defenders and organizations. On May 13, the High Commissioner for Human Rights issued a statement through his spokesperson, stating that “the detention and enforced disappearance of critics of the Venezuelan government continues to fuel a climate of fear.” The High Commissioner referred to the case of Eduardo Torres, a lawyer with the Venezuelan Program for Education and Action in Human Rights (PROVEA), who has been detained by state agents since April 9. After more than 90 hours, no authority identified his whereabouts, offered guarantees regarding his physical condition, or granted him access to a defense attorney. He is therefore subject to enforced disappearance.

Hours after the High Commissioner’s statement and the persistent complaints from the PROVEA team and his family, including a press conference in which the Provea Coordinator, along with colleagues from various social sectors, demanded respect for Eduardo’s rights, Attorney General Tarek William Saab confirmed his arrest, stating that he is “linked to a plot to generate violence in the regional and legislative elections of May 25 (…)” and that “he was ordered to be deprived of liberty for the crimes of conspiracy, terrorism, treason, and association.” According to the prosecutor, Eduardo “used training workshops as a front to organize hotbeds of violence, calling for the destruction of polling stations and spreading messages of hate (…)”. True to his criminal behavior, the prosecutor not only advanced an opinion accusing him without foundation, in violation of his presumption of innocence and fair trail guarantees, but upon acknowledging the detention, he failed to report his whereabouts or offer any word about his current physical status. In other words, the prosecutor reaffirms, as in previous cases, his role as an agent of repression of human rights and international law, carrying out actions to impede his personal freedom and due process.

But the Attorney General did not end his statements there. He immediately disqualified PROVEA Coordinator Oscar Morillo, warning that his “accusations are reckless” for denouncing the enforced disappearance of his colleague. Saab added that he “is evaluating from a legal perspective whether to proceed with action in compliance with Venezuelan internal law,” in an attempt at retaliation aimed at discouraging PROVEA and human rights organizations from reporting on the matter. It is unacceptable that the initial statements by the authorities responsible for providing information about Eduardo’s condition are being used to stigmatize the defense of human rights and criminalize those who do not accept arbitrariness as the norm. Prosecutor Saab is a clear example of the justice system’s absolute inability to investigate and punish state crimes, because ultimately, he himself participates in these crimes, alongside government agents, in an effort to stifle the remaining civic and democratic space in the country.

It is important to note that, within the context of the current anti-NGO law, authorities have intensified stigmatization campaigns and threats of criminalization against defenders for denouncing human rights violations. In the case of Oscar Murillo of Provea, there are recent precedents. On November 19, 2024, he was summoned by the Scientific, Criminal, and Criminal Investigation Corps (CICPC) after requesting an impartial investigation into the circumstances surrounding the death of Edwin Santos, co-founder of the opposition party Voluntad Popular. At that time, Diosdado Cabello ordered his summons amid acts of harassment and persecution against defenders, including members of PROVEA, all of whom have been granted precautionary measures by the Inter-American Commission on Human Rights.

Another dramatic case is that of Ariadna Pinto, a 20-year-old woman detained and accused of terrorism and incitement to hatred in the context of the post-election repression in August 2024 in Cojedes state. She died on May 10 at San Carlos Hospital after experiencing health complications associated with type 1 diabetes and kidney failure. Her health worsened significantly in prison. Organizations called for clarification of the conditions surrounding her detention, including her medical treatment. Ariadna’s case serves as a reminder that deaths in custody continue to occur. As of May 13, the High Commissioner for Human Rights identified three cases of government critics who had died in prison since July 2024. One of them occurred on May 3, one week before Ariadna’s death: Lindomar Amaro Bustamante, who took his own life in Tocorón prison after reporting mistreatment. This case speaks to the inhumane prison conditions and, above all, to what the post-election repression has unleashed.

New crimes against humanity are taking place while an International Criminal Court (ICC) investigation into Venezuela remains open; that is, while Prosecutor Karin Khan continues to use positive complementarity as an argument to maintain absolute passivity in the face of government actions. The crimes against humanity of persecution, imprisonment, torture, and executions are increasing and are occurring right now in front of Prosecutor Khan. We reiterate our demand that he fulfills his role and immediately proceed to open a case, issuing arrest warrants against the senior officials involved. Enough of the double standard in the Venezuelan Situation. Too many tragedies that cannot be responded to with silence and indifference. His responsibility is at stake.