In the framework of the 57th session of the Human Rights Council, an interactive dialogue was held on September 20 with the Independent International Fact-Finding Mission on Venezuela on the occasion of the presentation of its fifth report.
The Mission’s report covers the period from September 1, 2023, to August 31, 2024. The international body opened its oral statement by pointing out that the State’s repressive machinery continues to commit serious human rights violations “in a context in which the minimum appearance of legality in the actions of the authorities is disappearing.” Therefore, it did not hesitate to qualify that “the risk of a disintegration of the rule of law in Venezuela is very high.” The Mission directly linked the worsening of the situation to the events after July 28, when political persecution has increased to appease demands for transparency that point to a government that intends to impose itself, without evidence, as the winner of the elections.
The Mission recognized at least 25 people killed in the context of the electoral protests, of which 24 were the result of firearms “in several cases with the presence of the Bolivarian National Police or the Bolivarian National Guard using their weapons to repress the protests.” Most of the victims are young men from poor neighborhoods. Added to these events was “a very high number of people detained, including children and people with disabilities.” Of particular concern was the detention of at least 158 children, a phenomenon never recorded with such scope and magnitude.
In line with the findings of Venezuelan civil society and other international organizations, the Mission also reported cases of short-term enforced disappearances, torture and cruel treatment, including gender-based violence, and numerous arbitrary prosecutions, generally on charges of terrorism, incitement to hatred, conspiracy and other crimes.
A central element underlined by the Mission was to understand the systematic nature of the patterns identified. The documented violations “cannot be understood solely as the product of the post-electoral crisis but are the result of a plan designed in advance to discourage, silence and nullify the political opposition and voices critical of the government.” The Mission stressed that there is a line of conduct with its previous reports and that it amounts to crimes against humanity. The machinery of repression was never dismantled; it was reactivated using harsh methods of repression through selective persecution of real or perceived opposition sectors.
The oral statement indicated that state violence reached “an unprecedented level in recent years following the announcement of the election results.” Even before the elections, President Maduro and other authorities had warned of the possibility of an outbreak of violence if they did not achieve electoral victory. The Mission noted that the authorities acknowledged more than 2,200 arrests that occurred between July 29 and August 6, and while these practices continued against members of the political opposition and civil society, “the majority of the victims came from poor neighborhoods” and were identified through “obtaining videos or photographs published on social media or by informing on people in response to calls from the president himself.” The mission verified that technological surveillance as a method of repression was implemented on a larger scale and with greater sophistication.
“Mass and indiscriminate arrests carried out based on preconceived plans, such as the threat of Operation Tun Tun” were also reported. In this regard, it was described as part of the pattern that security forces raided the homes of those who participated or were suspected of having participated in the protests, their homes were marked with an “X.” They were also arrested without court warrants, and in several cases documented by the Mission, “the officers did not even know the name of the people to be arrested.” Maduro later stated that the detainees should be sent to “labor camps for re-education.”
Regarding sexual violence in the post-election context, the Mission recorded acts against detained women such as “groping of breasts, buttocks and genitals,” “forced nudity and invasive searches,” “sexist threats and insults,” and “denial of sexual and reproductive rights” to the detriment of some of the more than 200 women and girls in prison, as well as visiting female relatives. As to due process, the “Mission identified serious and systematic violations of due process of the detained persons.” Among the patterns reported were: i) detentions without court orders or informed reasons; ii) unjustified delays in appearing before a judge; iii) impediment to choosing the defense; iv) holding hearings at night via telematics; and, v) disproportionate charges without a factual basis that entail sentences of 30 years in prison.
In addition to the Mission, the International Criminal Court must play its corresponding role in the critical Venezuelan context. The Court has already witnessed a serious wave in real time regarding the nature and implications of the crimes it is investigating. Therefore, it must move forward as soon as possible with the charges against those most responsible and issue the corresponding arrest warrants to deter the occurrence of new crimes. Chamber I of the Federal Court of the City of Buenos Aires, in application of the principle of universal jurisdiction, has already ordered the arrest of Nicolás Maduro, Diosdado Cabello and other government officials as part of the case opened following the criminal complaint filed in January 2023 by the Argentine Forum for the Defense of Democracy (FADD). It is essential that those responsible know that their crimes will have a real cost, and that impunity will not be allowed in the Venezuelan case.
AlertaVenezuela calls on the international community to continue promoting coordinated and effective actions in the defense of the rights of the Venezuelan population and its democracy, on which not only the country but the peace and stability of the Americas itself depend.