IACHR issues urgent alert regarding precautionary measures in the aftermath of the elections in Venezuela

December 17, 2024

Washington, D.C.- Since the July 2024 elections in Venezuela, the Inter-American Commission on Human Rights (IACHR) has issued 24 resolutions granting, extending, modifying, and following up on precautionary measures and requesting protection from the Venezuelan State for more than 40 individuals whose lives and personal integrity are at risk, in line with article 25 of its Rules of Procedure. However, despite the serious risk these individuals are facing in the current context, the Venezuelan State has failed to implement or respond to these requests.

The presidential elections that took place on July 28, 2024, were followed by widespread citizen protests against the results announced by Venezuela’s National Electoral Council. Human rights organizations have described the government’s responses to these protests as intimidating. These events have unfolded in a context of extreme erosion of the Rule of Law characterized by an entire lack of separation or independence of the rule of law.

The IACHR has called repeatedly on the State of Venezuela to protect individuals whose rights are at imminent risk of irreparable harm by issuing precautionary measures in favor of:

-          Members of Venezuela’s political opposition and supporters of Edmundo González’s presidential campaign, such as Maria Corina Machado, Williams Daniel Dávila Barrios, Rolando Oswaldo Carreño, Américo de Grazia, Freddy Francisco Superlano Salinas, Perkins Rocha Contreras, María Andreina Oropeza, Carmen Leonor García Azuaje, Biagio Pilieri Gianninoto, Jesús Alfredo Pilieri Vasile, Juan Pablo Guanipa Villalobos, Andreina Zerpa Vivas, Yolivares Infante Camacho, Eichler Hernández Ortuño, Leocenis Manuel García Osorio, Delsa Jennifer Solórzano Bernal, S.J.R.G., Eduardo Emiro Labrador, and Jorge Luis Graterol Guzman. 

-          Journalists and media workers, including Ana Carolina Guaita and Eleanger David Navas Vidal. 

-          Human rights defenders, such as Nelida del Rosario Sánchez Oropeza, Franklin Caldera Cordero and his family, and 14 members of the NGO Foro Penal. 

-          Members of Venezuelan civil society organizations, such as Osmary Gabriela Sánchez Chirinos, Israel Moisés Crespo Sulbarán, J.D.C.C., and Gustavo Adolfo Torres Zambrano. 

-          Foreign nationals, including Jan Darmovzal.

When determining the need for precautionary measures, the IACHR assesses various factors that reveal the urgency and gravity of the circumstances faced by individuals and the risk of irreparable damage to their lives and personal integrity. All precautionary measures currently in force reflect common patterns of violence and repression toward beneficiaries, including:

-          Threats, intimidation, harassment, and physical violence. 

-          Detention of individuals for their actual or perceived political views, for participating in or covering protests, or for defending human rights in Venezuela. 

-          Detentions without formal knowledge of arrest warrants or access to the relevant courts. 

-          Lack of access to criminal records for detainees or their representatives, if these exist.  

-          Denial of information to family members or legal representatives regarding the whereabouts of detainees. 

-          The imposition of public defense lawyers by the State, who detainees depend on for all domestic legal remedies, with no option to choose their own trusted legal counsel. 

-          Charges primarily related to terrorism, without clear evidence or due process, in cases where information is available on the charges being leveled against detainees. 

-          Detainees subjected to inhumane or substandard conditions, without regard for physical or mental health conditions, age, or pregnancy.

 
-          An absence of medical reports documenting the health status of detainees.  

-          Uncertainty as to whether foreign nationals have been able to contact their home countries. 

-          Due to the lack of protective action on the part of the State, beneficiaries who are still at liberty have been forced to seek alternative means of protection, and are living under the constant threat of arrest even though no official charges or arrest warrants have been issued against them.
 
In response to the severity of the circumstances faced by the beneficiaries of precautionary measures, the IACHR calls on OAS Member States and the international community to guarantee the effectiveness of human rights instruments, which are an obligation erga omnes partes (for all parties). Human rights standards reflect common values and collective interests that are of paramount importance to the international community as a whole. The IACHR once again urges the State of Venezuela to immediately implement measures to protect the beneficiaries of precautionary measures, warning that failure to do so could lead to international responsibility.

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. 319/24

10:30 AM