Edmundo González Urrutia, the opposition presidential candidate and virtual president-elect of Venezuela, was forced into exile on September 7, following an arrest warrant issued against him by the imposed prosecutor Tarek Saab, on charges of usurpation of functions, forgery of public documents, instigation to disobedience of laws, conspiracy, sabotage to damage systems and criminal association.
The case against González was being heard by an anti-terrorism court and, according to the current Venezuelan legislation on this matter, these are imprescriptible crimes. However, Saab told the media that “the status of the case brings a change in the status of the prosecution (sic) that is being evaluated by the 58th National Prosecutor under our orders. We, together with José Vicente Haro [González’s lawyer], will establish in the next hours or days the form, time and place of how this case will be closed judicially” (bold added).
Once again, Saab’s statements show the lack of independence of the justice system, by stating that the charges of imprescriptible crimes will be withdrawn by his order, that is, without any legal argument, as they were initially imposed by the arbitrary power.
On the other hand, the announcement made by Vice President Rodríguez refers to the granting of a safe conduct to González “once the pertinent contacts between both governments have occurred, the extremes of the case have been fulfilled and in compliance with international law.” What serious country negotiates the departure of a supposed terrorist? What serious country grants asylum to a supposed terrorist? Neither González nor any of the thousands of persecuted and prosecuted, adults and children, after the fraud of July 28, are terrorists.
This analysis does not focus on the personal reasons or political calculations that González may have had for asking for asylum, but on the implications of his decision for the international community, and of the response of Maduro and the kingdom of Spain, from a rights-based approach, based on what González is not.
González is not a terrorist. This has powerful repercussions from a human rights perspective, because if the leader of a movement that claims that there was fraud in the announcement of the results by the electoral body is not responsible for terrorism, much less can his followers be. This confirms the arbitrariness of the thousands of arrests and trials without guarantees that are being carried out under Saab’s order.
González’s is not an isolated case of political persecution. Politically motivated persecution in Venezuela is a state policy that began to be applied in 2002, under the government of Hugo Chávez. González’s case is the most recent and scandalous, but not the first or the only one. The responsibility for his exile is not his, but that of the political system that led him to this action. It is the dictatorship and not the victim who must be held accountable. In addition to the thousands of politically persecuted people who are arbitrarily imprisoned, in hiding or in exile, there are six people who requested protection in the Argentine embassy in Caracas since March 2024, waiting for safe passage, while they are the target of sieges by the regime’s security organs.
González is not an economic migrant due to sanctions. Since the beginning of 2024, the number of people leaving Venezuela in search of international protection began to increase, due to the escalation of repression. This trend began to consolidate after July 28, with González being the most visible of the exiles. It is time for governments to desist from uncritically reproducing the narrative imposed by Maduro on Venezuelan migration, as an economic, transit or temporary exodus, due to US and EU sanctions. The Maduro government is the one that is sanctioning the Venezuelan population, by closing media outlets, banning social networks, restricting the internet, annulling passports, criminalizing protest, torturing, and imposing conditions on access to food, housing, employment, education and health. It is the systematic and widespread violation of rights that causes migration, a situation that makes the Venezuelan population eligible for international protection in accordance with the Cartagena Declaration.
González is not Guaidó. Juan Guaidó assumed the presidency based on an interpretation – valid or questionable – of the constitution, according to which a power vacuum would have been produced, resulting in a parallel government. At present, on the contrary, there is a president in office with dictatorial control of the state apparatus and another elected, persecuted and in exile, until 10 January 2025. González has not considered a parallel government, because it is not an opportune or pertinent option. What is appropriate is to create the conditions for the inauguration on the scheduled date.
González is not just another exile. The person forced to leave Venezuela on September 7 was the president-elect, who is also a career diplomat. This gives González a wide margin of maneuver on the international stage. From outside, González can lead the development of an independent audit of the election results that are in the hands of the opposition, as well as become the valid interlocutor of the sovereign will of the Venezuelan people to transform the confusion and unrest into a new opportunity, which is no small mission.
In this context, we identify three tasks for the international community. First, not to cease in the demand for an independent audit with the support of the United Nations, as a mechanism to enforce the popular will. Second, to redouble efforts to guarantee the safety of those seeking asylum in the Argentine embassy and the integrity of the headquarters that houses them, as well as to obtain the prompt granting of safe-conduct passes in their favor. Third, to apply in a group and prima facie manner the expanded definition of refuge in the Cartagena Declaration to the Venezuelan population fleeing persecution.