IACHR brings case before IA Court over due process violations and denial of judicial guarantees against political leader in Venezuela

December 17, 2025

Washington, DC—On October 8, 2025, the Inter-American Commission on Human Rights (IACHR) filed an application with the Inter-American Court of Human Rights (IA Court) over case 13.311, regarding Venezuela. The case concerns violations of due process and judicial guarantees in the criminal proceedings brought against Orlando José Fernández Medina in the context of his public role and political leadership.

The petition was filed before the IACHR in 2005 and concerns Orlando José Fernández Medina, former governor of Lara State (1995–2000) and president of the political organization Fuerza en Movimiento. According to the petition, he was subjected to political persecution by state authorities, including former governor Luis Reyes Reyes. From 1999 onward, he faced multiple criminal investigations instigated by the Office of the Attorney General for alleged misuse of public funds.

The investigation remained inactive for more than six years, during which time Fernández Medina had no access to the case file and was unable to exercise his right to a defense. Although he was formally charged in 2005, the inquiries requested by his defense were never carried out, and the criminal proceedings remain open to this day. The petition also reported unlawful searches, threats, and harassment targeting Fernández Medina, while also alleging that the State has failed to implement protective measures granted by the Attorney General’s Office in 2005.

In Admissibility and Merits Report no. 201/24, the IACHR found that the Venezuelan State committed serious omissions and procedural irregularities throughout the criminal proceedings. It determined that the victim lacked access to the case file during the first six years of the investigation and that the evidence-related measures requested by the defense were not implemented. The IACHR also noted that the judicial decisions lacked adequate reasoning and that the remedies pursued were ineffective in addressing the violations.

The IACHR further established that the case has been subject to an unjustified delay of nearly twenty years, which violates the right to be tried within a reasonable time. It concluded that the deficiencies in the proceedings reflect the use of the justice system as a tool of political persecution against individuals who are critical of or opposed to the government.

Based on these findings, the IACHR requested the IA Court to conclude and declare that the Venezuelan state is responsible for violations of the rights to judicial guarantees and judicial protection, as established in articles 8.1, and 25.1 of the American Convention on Human Rights, in relation to article 1.1, to the detriment of Orlando José Fernández Medina.

Accordingly, the IACHR requested that the IA Court mandate the following reparations:

1. Provide full reparation for the human rights violations identified in the report, including economic compensation and measures of satisfaction.

2. Ensure the prompt conclusion of the criminal proceedings against him, in accordance with inter-American standards on judicial guarantees and judicial protection.

3. Adopt measures of non-repetition, including training for justice-sector officials in Lara state on human rights standards, with particular focus on preventing the criminalization of political dissidents.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 271/25

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