High Commissioner updates the Human Rights Council on Venezuela

Distinguished President,
Excellencies,
Since my last update on the human rights situation in Venezuela, in September 2021, some reform initiatives open new opportunities for implementation of important human rights recommendations

Reform of the justice system and restructuration of the National Police are promising steps. In particular, the prohibition of trial of civilians by military courts, as well as steps to address overcrowding in pre-trial detention centres and to dissolve the Special Action Forces, are in line with previous recommendations and can lead to significant institutional transformation.
In addition, I welcome the extension of the deadline for candidacies to the Supreme Court of Justice, which has enabled a larger number of candidates. This process is an opportunity to strengthen the independence of Venezuela's judiciary, and I call on authorities to thoroughly assess the impartiality, independence and professional conduct of candidates in the selection process.

These police and justice reforms must be implemented in a meaningful, genuine and effective manner, to address past human rights violations and prevent their recurrence, and my team stands ready to accompany these efforts.

Venezuela's recent conclusion of a Memorandum of Understanding with the Office of the Prosecutor of the International Criminal Court is another opportunity for the authorities to demonstrate their commitment to the fight against impunity through prompt, genuine and effective prosecutorial and judicial action.

Our Office remains available to provide technical support in accordance with our mandate and international human rights standards in this context. We stand ready to provide continuing support to national efforts to promote accountability for human rights violations. The Attorney General has granted our team access to some files regarding human rights violations, and to one judicial hearing. I trust that this access to files and hearings will soon increase.

I also note that since September 2021, state agents have been convicted in at least three emblematic cases, including for the homicide and torture of Navy Captain Rafael Acosta Arevalo. These are steps in the right direction, but more needs to be done. My Office has been engaging with relevant authorities to strengthen the legal framework for prevention and sanction of torture.

We continue to observe challenges to due process, including the right to liberty and trial without undue delay, and access to a counsel of one’s own choice. Of the individual cases of concern raised with officials since September 2021, 18 have been released. At least 6 individuals remain in detention despite release orders for them, and at least 22 have requested their release arguing the expiration of statutory limits. Of the cases decided by the Working Group on Arbitrary Detention, 12 individuals are still detained.

I reiterate that all those arbitrarily detained must be released; and due process guarantees – including those established by the recent reforms – must be upheld. Detainees must have access to adequate medical care, and my Office has been regularly calling the attention of the authorities to specific urgent cases.

Mr President,

Since September, my Office has documented 93 incidents related to restrictions on Venezuela’s civic and democratic space, including criminalization, threats to and stigmatization of civil society activists, independent media, and trade unionists.

I remain concerned by prosecutions of members of the human rights NGO Fundaredes. Two of its members have been conditionally released, but they continue to face criminal charges. The director of Fundaredes, Javier Tarazona, continues to be detained, and his health appears to be deteriorating.

We have documented 24 cases of stigmatization of human rights defenders, journalists, and other members of civil society by agents of the State, on social media or public speeches, since September 2021. I strongly urge the authorities to foster dialogue and cooperation, and to build a safe and inclusive environment for all of Venezuela's people.

We have also documented the closure of eight radio stations and radio programmes over the past year, allegedly by order of the National Telecommunications Commission. At least 13 other similar cases have been reported by civil society organizations. In addition, access to the websites of at least seven media outlets has been blocked. Venezuela's people have a right to independent sources of information, and media freedoms should be protected.

I remain concerned about the lack of availability of public information. Despite passage of the Law on Transparency and Access to Information of Public Interest in September 2021, no national budget has been published since 2018.

The municipal and regional electoral process held last November was largely peaceful. I welcome the access that was granted to international electoral observation missions and the UN Panel of Experts, as well as actions taken by the National Electoral Council towards the legitimacy of the process. In terms of gender balance, I note that although many women participated as candidates, few were elected for the highest positions. I emphasise the importance of ensuring wide public participation, without excessive administrative impediments. I call on authorities to ensure the participation of women, and to strengthen the independence of electoral institutions.

In this context, I am encouraged by discussions about the resumption of talks between the Government and members of opposition parties. As the Secretary General has said, I call on the parties to commit to an inclusive and meaningful negotiation with full respect for human rights and the rule of law. We stand ready to provide technical support, and I encourage the international community to facilitate conditions conducive to reaching and implementing meaningful agreements.

Mr President,

The presence of armed non-state actors and criminal groups has increased violence, especially along the border with Colombia; in mining regions; and in urban centres. Clashes in the state of Apure have led to the forced displacement of hundreds of Venezuelans, many of them indigenous. I call on the authorities to investigate all allegations of human rights violations and abuses, with special attention to the rights of indigenous peoples.

I continue to encourage the lifting of sectorial sanctions to contribute to relieving the needs of the most vulnerable segments of the Venezuelan population.

In line with affirmations made during Venezuela's engagement with the third cycle of the UPR, I look forward to the creation of a national mechanism for follow-up of UPR recommendations. I also welcome the authorities’ engagement with my Office, and trust that we will continue to deepen our cooperation to advance human rights in the country.

Thank you