We share the position of the Venezuelan Program for Education – Action in Human Rights (Provea) regarding the announcement of an amnesty law, as we believe it addresses essential points that should be reflected in any legislation approved on this matter.
Provea observes with interest the announcement by the administration headed by Delcy Rodríguez to approve a general amnesty law to guarantee peaceful coexistence, following months of intense public demands for the release of those imprisoned for political reasons. We recall that, after the announcement of “numerous releases” made on January 8 by the President of the National Assembly, Jorge Rodríguez, the piecemeal releases and the lack of official transparency regarding the process have exacerbated the anguish and uncertainty of the families of political prisoners in recent days, prolonging the cruel, inhuman, and degrading treatment they have suffered for a long time.
In Provea’s opinion, while the immediate and full release of the dozens of political prisoners is urgent, the announcement of an amnesty should not be interpreted, under any circumstances, as a pardon or act of clemency on the part of the State. We recall that these individuals were arbitrarily imprisoned for exercising rights protected by international human rights instruments, the Venezuelan Constitution, and Venezuelan law. Restrictions on the rights to freedom of association and peaceful assembly, freedom of expression, and the right to unionize, among others, through the construction of a repressive legal framework, social control via the illegal use of police and military force, and the manipulation of a justice system co-opted by the Executive branch and the ruling party, led to an unprecedented escalation of serious human rights abuses. A large number of those arbitrarily detained in recent years, and especially after the post-electoral repression, were victims of enforced disappearance, torture, cruel, inhuman, and degrading treatment, and systematic and widespread violations of due process and the right to a defense. It is not the State that should forgive. Those responsible for serious crimes must apologize to the victims and to society and be held accountable before the law for the abuses committed. In this regard, we affirm that amnesty should not hinder the right of victims of human rights violations to truth, justice, and reparation. As the Office of the United Nations High Commissioner for Human Rights has warned, “amnesties that purge the sentences of people previously convicted for their acts of non-violent political dissent… risk perpetuating some aspects of the initial violation unless appropriately worded.” This must include the acknowledgment, by the authorities, that serious abuses have been committed and that they are willing to investigate and punish those responsible for such crimes in order to advance genuine reconciliation and coexistence.
According to the official announcement, the amnesty will exclude those convicted of homicide, drug offenses, and common crimes. This is not enough. We remind the authorities that, according to international human rights standards, amnesties cannot benefit those involved in genocide, crimes against humanity, war crimes, torture, enforced disappearance, and other human rights violations. Following the recent announcement, the authorities must ensure the full and immediate release of all those imprisoned for political reasons, without further undue delay, in order to advance the announced national reconciliation and end the anguish of hundreds of families.
