IACHR Files Application Before Inter-American Court of Human Rights in Case Concerning the Unlawful and Arbitrary Arrest of Juan Bautista Guevara Rodríguez and Others in Venezuela

December 12, 2023

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) filed on August 15, 2023, an application before the Inter-American Court of Human Rights in Case 13,018 with regard to Venezuela, concerning the unlawful, arbitrary arrest of Juan Bautista Guevara Rodríguez, Rolando Jesús Guevara Pérez, and Otoniel José Guevara Pérez, as well as acts of torture and a lack of judicial guarantees to their detriment.

In November 2004, the Guevara brothers were arrested by officials of the Intelligence and Prevention Services Department (DISIP) without the required arrest warrants and without having the reasons for these arrests formally stated.

Following their arrest, the victims were taken to an unidentified site where they were subjected to torture for several days, while they were interrogated about the death of public prosecutor Danilo Baltazar Anderson. After several days, the three men were released and then immediately arrested again to make their original arrests seem lawful.

The victims' relatives filed complaints before State authorities about their disappearance and about the acts of torture they were subjected to. However, on July 19, 2006, Public Prosecutor's Office 126 in the Caracas Metropolitan Area ordered the investigation into allegations of torture to be shelved.

The IACHR found that the State was responsible for violations of the right to personal liberty. The Commission noted that the three men had been unlawfully deprived of liberty (because they were arrested without the required warrants) and that they were "released" and then arrested again to make the proceedings seem lawful. The IACHR found that these arrests were unlawful because they were not originally recorded and because the victims were taken to an unidentified place of detention. The Commission also found that the State had violated the three men's right to be informed about the grounds for their arrest and their right to be taken before a judicial authority of competent jurisdiction.

Concerning criminal law proceedings, the IACHR considered that the victims' right to a defense had been violated—because they did not have access to all the incriminating evidence used to formally charge them—and noted that the defense had not had the opportunity to interrogate the two witnesses summoned by the Public Prosecutor's Office. The IACHR further found that the principle of the presumption of innocence had been violated and that the accusation had not been adequately grounded.

Finally, the Commission found that the State was responsible for violations of the right to mental and moral integrity of the victims and their relatives.

The Commission found that the State was responsible for violations of the rights held in Articles 3, 5, 7, 8, and 25 of the American Convention, in keeping with the obligations held in Article 1.1 of the same instrument. The IACHR further found that the State was responsible for violations of the rights held in Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture and Articles I(a), I(b), and XI of the Inter-American Convention on Forced Disappearance of Persons.

The Commission therefore recommended that the State of Venezuela adopt the following reparation measures:

1. Provide comprehensive reparations—both material and immaterial—for all human rights violations
2. Provide the victims and their relatives with adequate medical and psychological care, should they want it
3. Conduct a diligent and timely investigation of these events, to identify and punish their perpetrators
4. Take any action necessary to eliminate the consequences of the conviction issued against Juan Bautista Guevara Rodríguez, Rolando Jesús Guevara Pérez, and Otoniel José Guevara Pérez and to eliminate any criminal, police-based, or administrative records concerning the three men based on these events
5. Take measures of non-recurrence, including training programs for law enforcement officers, judges, and public prosecutors regarding the absolute ban on forced disappearance and torture

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 288/23

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