IACHR issues follow-up and extension resolution about precautionary measures in favor of members of Foro Penal in Venezuela

December 3, 2024

Washington, D.C. – On November 28, 2024, the Inter-American Commission on Human Rights (IACHR) adopted Follow-up, Modification, Extension, and Lift Resolution 92/2024, concerning the situation of several members of the organization Foro Penal in Venezuela.

The IACHR found that the risks faced by four beneficiaries of precautionary measures granted through Resolution 8/2015, Resolution 7/2019, and Resolution 64/2019 persisted. The IACHR also decided to grant protection to 10 other members of Foro Penal.

The beneficiaries allegedly seek to provide legal counsel and a private defense to detainees who have been denied representation. On several occasions, the Venezuelan State has said that individuals who have been arrested in the post-election context are only being allowed a public defender. In this context, the beneficiaries have faced intimidation and harassment by officers of the State, and they have been detained for long periods, threatened with arrest, and subjected to investigations for documenting the facts.

The IACHR noted the State's failure to provide the information that had been requested and its failure to implement protection measures, which appear to leave the beneficiaries defenseless in Venezuela's current context.

After assessing the available information, the IACHR decided to take the following action:

1. Extend precautionary measures in favor of the following individuals, who are currently members of the organization Foro Penal in Venezuela: Kennedy Tejeda, Mayela Fonseca, Lucía Quintero, Pedro Arévalo, Arelys Ayala, Wiecza Santos Matiz, Laura Valbuena, Raquel Sánchez Carrero, Franyer José Hernández Valladares, and Marbella Gutiérrez
2. Uphold precautionary measures in favor of Alfredo Romero, Gonzalo Himiob Santomé, Luis Betancourt, and Olnar Ortiz
3. Continue to monitor the situation of Olnar Ortiz in keeping with precautionary measures granted through resolution 143-13
4. Lift precautionary measures concerning Yoseth Colmenares and Robiro Terán
5. Not extend precautionary measures in favor of Orlando Moreno and other members of Foro Penal, leaving open the option of filing additional information so it may be assessed at a later date
6. Change these precautionary measures and ask the State of Venezuela to take the following action:
   1. Adopt any measures necessary to protect the rights to life and personal integrity of the members of Foro Penal who are adequately identified in this resolution
   2. Take any measures necessary to ensure that beneficiaries can do their work in defense of human rights without being subjected to threats, harassment, or any other acts of violence: In particular, report on Kennedy Tejeda's conditions of detention, including his current legal status, and allow his family and trusted legal representatives to communicate with him. For all beneficiaries, the IACHR asks the State to formally report on any investigations that might be ongoing against them, including at least the following details: the events under investigation, the crimes they are suspected of having committed, the prosecutors in charge of those investigations, and the judicial authorities of competent jurisdiction The State should enable the beneficiaries and their representatives to access their full criminal files, should they exist, and allow them to file any relevant appeals, as well as ensure that those appeals are adequately addressed.
   3. Come to an agreement with the beneficiaries and their representatives concerning any measures that need to be taken
   4. Report on any actions adopted to investigate the events that gave rise to the adoption of these precautionary measures, in order to prevent such events from happening again in the future

The fact that these precautionary measures have been granted and their adoption by the State do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the American Convention on Human Rights and other applicable instruments.

The 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. 302/24

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