IACHR: Venezuela must release adolescents in arbitrary detention

December 20, 2024

Washington, D.C. — The Inter-American Commission on Human Rights (IACHR) condemns the arbitrary detention of six adolescents arrested in connection with the post-election protests in Venezuela. It urges the State to release them immediately and end political persecution in the country.

According to Foro Penal, a Venezuelan human rights organization, 6 of the 177 individuals under 18 who were arbitrarily arrested in the aftermath of the July 28 presidential elections are still being detained. Their detention has entailed violations of fundamental rights including due process, the presumption of innocence, and access to effective legal remedies. The irregularities documented include the preemptive labeling of the detainees as "terrorists" by the authorities, the use of vague criminal charges such as "incitement to hate" and "terrorism," and virtual court appearances before antiterrorism tribunals without the detainees' family members present. They have also been assigned state-appointed defenders and denied access to their legal case files.

Reports indicate that their conditions of detention fail to respect the dignity and specific needs of these adolescents. Detainees have not been separated by age or gender, nor have they been allowed direct personal contact with their parents, guardians, or legal representatives. Furthermore, the mothers of some of these adolescents have alleged that their children were beaten to pressure them into giving false confessions for crimes they did not commit and admitting to taking part in protests in exchange for money. They also reported that their children had been threatened with disproportionate prison sentences if they failed to admit that they had taken part in acts of violence.

These abuses point to the lack of independence and impartiality in Venezuelan institutions, including the judiciary, the Public Prosecutor's Office, and the Ombud's Office, which have failed to fulfill their mandate to protect human rights and ensure justice is served.

The IACHR reminds Venezuela of its obligations under international and inter-American law, including the requirement to annul any legal proceedings or evidence obtained through torture or cruel, inhuman, or degrading treatment, or any form of coercion seeking to break people's free will. Not only do such practices constitute a grave violation of international human rights standards, they also run counter to the principle of the best interests of children and adolescents, who are entitled to special protection. These actions also undermine guarantees of due process, including the right to a fair trial, the presumption of innocence, and access to justice.

Venezuela must act immediately to ensure the unconditional release of the six arbitrarily detained adolescents, who have suffered grave human rights violations. The State must also take urgent steps to restore the independence and impartiality of its public institutions, which is essential to guaranteeing an independent, impartial justice system. These actions are an obligation under international law and are a necessary condition for complying with the principle of the best interest of children and adolescents, prioritizing their protection and guaranteeing their development in conditions of dignity and an environment free from injustice.

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. 326/24

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