On November 22, 2024, the Office of Public Counsel for Victims of the International Criminal Court (“OPCV”), whose mandate is to provide “general support and assistance to the legal representative of victims and to victims” published a document entitled Views and concerns of Victims on the Request for recusal of the Prosecutor, in response to a request made in this regard by the Arcadia Foundation, which alleges a “serious conflict of interest that compromises the impartiality of the Prosecutor and puts at risk the integrity of the judicial process in relation to the Venezuela I situation.”
The OPCV addresses the Appeals Chamber of the ICC, highlighting the unprecedented nature of the issue, as it is “the first-ever application for the disqualification of a Prosecutor of the Court in the context of a situation,” and that the arguments contained in the request for disqualification directly affect the interests of the victims, considering their “right to obtain justice, to know the truth about the events they suffered from, and to be redressed without undue delay.” Based on these assumptions, the OPCV makes public its position in support of the victims of the Venezuela I and states the following:
1- “Victims have been waiting for justice for a long time and have a right to expeditious and fair proceedings.” The OPCV holds that any measure taken, including in response to any finding by the Appeals Chamber regarding the conflict of interest alleged in the request, “do not result in halting or delaying the Prosecution’s investigations into the crimes committed in the Situation in Venezuela.”
2- “This concern is further compounded by the lack of visible progress in the investigation and the Prosecutor’s continued emphasis on pursuing a “positive complementarity” track”. The OPCV notes that this occurs despite the Appeals Chamber’s “unequivocal determination” that Venezuela is unwilling to undertake genuine investigations and/or prosecutions. This has generated in the victims, according to the OPCV, “a profound sense of discomfort for the Victims and reinforces their feeling of abandonment, with no tangible recourse to justice”.
These statements by the OPCV fully reflect the victims’ concerns. In this regard, it warns that “victims fear that resolving the alleged conflict of interest could be used to justify a lack of urgency in advancing the investigation.” For this reason, it keeps that if the involvement of a Deputy Prosecutor become necessary, victims’ right to “expeditious and effective justice and to a meaningful progress in the investigation without undue delay” must be guaranteed.
But the OPCV goes beyond collecting the views of victims who send their communications. It also sends direct messages to the investigation led by Prosecutor Karim Khan. The OPCV recounts the process in Venezuela I and expresses its own concerns about whether it would be in line with other precedents within the Office of the Prosecutor of the International Criminal Court. In this regard, it makes clear that:
“The Situation in Venezuela was referred to the Court on 27 September 2018. Despite the Prosecutor’s decision to proceed with the investigation in December 2021,the Pre-Trial Chamber’s authorisation to resume the investigation in June 2023,and the Appeals Chamber’s subsequent judgment upholding said decision, no formal case has yet been opened. This protracted period without concrete action and the opening of a case is troubling since an investigation should in general be initiated without delay and be conducted efficiently in order for it to be effective, since ‘[w]ith the lapse of time, memories of witnesses fade, witnesses may die or become untraceable, evidence deteriorates or ceases to exist, and thus the prospects that any effective investigation can be undertaken will increasingly diminish” (Bold by AlertaVezuela, OPCV’s own italics).
In the absence of concrete actions and tangible progress in Venezuela I situation, the OPCV notes that some victims feel that the Prosecutor has not given the same priority as in other situations where investigations have moved faster and led to the issuance of arrest warrants. The OPCV notes that “they question why the crimes and suffering they have endured appear to be treated with less urgency compared to those affecting Victims in other contexts.”
After announcing these concerns, the OPCV returns to the aspect of a “positive complementarity track and its continued emphasis by the Prosecutor” and recalls that not only did the Appeals Chamber express in this regard that Venezuela is not undertaking credible efforts, but that, in any case, technical support for national proceedings “should not come at the expense of delaying concrete and decisive investigative steps at the ICC level” (Bold by AlertaVenezuela). The OPCV, supported by the feelings of the victims, considers the argument that “the prolonged reliance on complementarity in this context may defer justice and thus prolong their sense of abandonment”.
Finally, the OPCV relates this feeling of abandonment of the victims of Venezuela with the ongoing post-electoral repression, stating that this feeling is “further aggravated”. After taking up some key facts of the repression in terms of arrests, deaths in protests, political persecution, exposure to torture and inhuman treatment, including sexual and gender-based violence, and considering the diversity of profiles of the affected population, stressing the detention of minors, the OPCV proceeds to launch a final message in relation to the Prosecutor of the International Criminal Court:
“The Prosecutor has not taken a public stance on the recent crimes committed in the aftermath of the 2024 elections in Venezuela. This lack of public comment, coupled with his apparent inaction, raises concerns among the Victims and their families with regard to the Prosecutor’s commitment to address the ongoing serious crimes and to ensure that the investigation remains responsive to new development”.
In sum, the OPCV concludes, “in these circumstances, it is imperative that the investigation of the Situation in Venezuela proceeds as expeditiously as possible (…) without affecting the interests of victims.” That is, that the investigation continues its course, cases are brought, and arrest warrants are issued against those primarily responsible for the crimes committed.
AlertaVenezuela calls on the international community to support this OPCV document, disseminating it as widely as possible, and adopting measures within the framework of the ICC Assembly of State Parties and other forums so that the investigation into the Venezuela I Situation results in expeditious progress for the sake of truth, justice, reparation and the prevention of new crimes in the country, especially in light of what happens in 2025.