IACHR grants precautionary measures to Czech national Jan Darmovzal in Venezuela

November 1, 2024

Washington, D.C. — On October 31, 2024, the Inter-American Commission on Human Rights (IACHR) issued Resolution 80/2024 granting precautionary measures to Jan Darmovzal in Venezuela, after determining that he is at serious, urgent risk of experiencing irreparable harm to his rights.

According to the request received by the IACHR, the proposed beneficiary is an active reservist in the Czech Army and was traveling in Venezuela as a tourist when he was allegedly detained by State security agents in Atabapo, Amazonas, on September 5, 2024. Since his detention, Darmovzal's whereabouts remain unknown. No arrest warrant has been issued, and no formal investigation has been initiated. The proposed beneficiary is allegedly being held incommunicado, and the Venezuelan authorities have not responded to requests from the Czech Government and its consular authorities for information on where he is being detained or on the state of his physical and psychological health.

After reviewing the facts and the legal arguments presented by the requesting party, the IACHR found that the beneficiary has been detained by state agents since September 5, 2024. To date, his whereabouts remain unknown, and there is no evidence of a criminal investigation, which would allow his representatives to identify the prosecutor or competent court overseeing the case. Furthermore, public statements by Venezuela's Executive Branch suggest that Darmovzal was arrested because he was allegedly involved in a plot against state authorities. The IACHR found no evidence that the Venezuelan State has communicated with Czech authorities, nor has it provided any information to the beneficiary's relatives or legal representative. Attempts to file a constitutional remedy on Darmovzal's behalf have reportedly been denied by the relevant state authority.

As a result, in accordance with article 25 of the Rules of Procedure, the IACHR requested that the State of Venezuela:

1. adopt the necessary measures to protect the beneficiary's rights to life and personal integrity by confirming whether he is in state custody and providing details of his detention or of the measures taken to determine his whereabouts or fate. The State must clarify whether the beneficiary has appeared before a competent court to review his detention if he had been charged with a crime. If no charges have been filed, the State must explain why he has not been released. In any case, the State must also report whether the beneficiary has undergone a medical examination, providing the corresponding documentation, and whether he has been able to communicate with his country of origin; and
2. report on the steps taken to investigate the circumstances that led to the granting of these precautionary measures, with the aim of preventing similar occurrences in the future.

The granting of these precautionary measures and their implementation by the State do not imply any prejudgment on petitions that may be filed before the inter-American system concerning violations of rights protected by the American Convention on Human Rights and other applicable instruments.

The Inter-American Commission on Human Rights (IACHR) is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 275/24

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