Statement by Marta Valiñas, Chair of the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela, at the 55th session of the Human Rights Council

Mr. President,
Distinguished delegates,
Ladies and gentlemen,

The Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela presents this oral update in accordance with Human Rights Council resolution 51/29. The update covers the period from September 2023, when the Mission submitted its last report to the Council, to date.

In its previous report, the Mission concluded that the State’s repressive structure had not been dismantled and continued to pose a latent threat that could be activated when the Government deems it necessary. The Mission reiterates that this repression works through two modalities, depending on the context. A more violent one, which aims at silencing opposing voices at any cost, including through the commission of crimes, and another that generates a climate of fear and intimidation, restricting the free exercise of fundamental rights.

Numerous events recorded during the period covered by this update confirm that we are witnessing a reactivation of the most violent form of repression by the authorities. In this regard, the Mission observes a repetition of the same patterns of human rights violations against real or perceived opponents of the Government, including human rights defenders who dare to criticize, denounce, or protest against government decisions or policies.

During this period, on 1 March 2024, the Appeals Chamber of the International Criminal Court confirmed the authorization for the Prosecutor to resume the investigation into crimes against humanity.

Mr. President,

In October 2023, several significant events took place in anticipation of the presidential elections scheduled for 28 July of the current year.

On 17 October, the Government and the Democratic Unitary Platform, which includes opposition parties, signed the so-called Partial Agreement on the Promotion of Political Rights and Electoral Guarantees for All in Barbados.

Among other commitments, the parties recognized the right of each political actor to freely select their candidate for the presidential elections and pledged to promote a favorable climate for the development of a peaceful and participatory electoral process.

Two days after signing the Agreement, pretrial detention for five individuals (three men and two women), including a journalist, a former MP and other individuals perceived as opponents to the Government, who had been arbitrarily detained, was lifted. All of them continue to face criminal proceedings.

Shortly thereafter, on 22 October, the Unitary Platform held a self-administered primary election. The candidate from the party Vente Venezuela, María Corina Machado, emerged as the winner by a wide margin and a high voter turnout. On 23 October, a lawmaker from a pro-government party called for the invalidation of the primary election alleging electoral fraud. Two days later, the Attorney General announced a criminal investigation against the National Primary Commission and all its regional offices, including three national leaders (two men and one woman) for crimes, such as usurpation of functions, treason, and association for criminal purposes. Several regional leaders of the Primary Commission faced similar charges. On 30 October, the Supreme Court issued a precautionary measure suspending the effects of the primary election.

In late November, following the Barbados Agreements, the parties agreed on a procedure to challenge in court the political disqualification imposed by the General Comptroller of the Republic against opposition leaders. María Corina Machado, who had been disqualified for 15 years, and other individuals, filed appeals before the Supreme Court. On 2 January, the Court upheld Machado’s disqualification.

These actions highlight the serious difficulties in ensuring that the upcoming presidential elections are conducted in accordance with the right to participate in public affairs, as affirmed in the International Covenant on Civil and Political Rights.

Mr. President,

In addition to the agreement on political rights and electoral guarantees, another agreement signed in Barbados aimed at “protecting the vital interests of the Nation” and reaffirmed Venezuela’s claims over the territory of the so-called Essequibo region. On 3 December 2023, the Government called for a consultative referendum to support this claim.

A few days later, the Attorney General announced that he had requested arrest warrants against 14 individuals (13 men and one woman) whom he linked to a conspiracy against the consultative referendum. Among the 14 individuals were several political leaders in exile, three members of the National Committee of Vente Venezuela, and the president of the NGO Súmate. The latter was detained and released weeks later with alternative measures.

The Mission notes that, as in the past, the authorities invoke real or fictitious “conspiracies” to intimidate, arrest and prosecute opponents or critics to the Government.

On 20 December 2023, the United States Government announced an agreement with the Venezuelan Government leading to the release of 20 Venezuelan nationals (19 men and one woman) and 10 US citizens. In return, the United States released Alex Saab, who was facing money laundering charges and whom the Venezuelan Government considers a diplomatic agent. While the US citizens were repatriated, the Venezuelan individuals were released with alternative measures.

Out of the total of 25 Venezuelan individuals released by the Bolivarian Republic of Venezuela between October and December 2023, 16 were mentioned, following investigations carried out by the Mission, in its previous reports, as victims of human rights violations.

Mr. President,

The year 2024 began with a series of announcements and actions by the Venezuelan authorities that were even less encouraging for the respect and exercise of human rights.

On 15 January, in his annual address to the Nation, President Maduro stated that, in 2023, security forces had thwarted four conspiracies to organize coups d’état or to assassinate him and other authorities. In response, the President called for the activation of the “Bolivarian Fury”.

As previously indicated by the Mission, in March 2020 the so-called “Bolivarian Fury” resulted in multiple acts of harassment and attacks against members of the opposition. The same pattern of violent repression seems to be repeated now.

Also in January, the Attorney General announced a conspiracy, which he called “Operation White Bracelet”, aimed at killing President Maduro and other authorities. The Ministry of Defense published a list of 33 military personnel who were degraded and expelled from the National Bolivarian Armed Forces, accused of being involved in various such “conspiracies”.

These announcements were linked to a new wave of arrests of real or perceived opponents to the Government, including the following cases:

1. On 14 December 2023, a military was apprehended on the border with Colombia. His detention was only confirmed a month later by the Attorney General, who released a video in which he incriminated himself in the planning of the so-called Operation White Bracelet. To this date, his family has not been able to communicate with him. The Mission continues to investigate the circumstances of this detention.
2. On 17 January 2024, security forces raided the headquarters of the teachers’ union in the State of Barinas and detained, without a judicial order, a union leader who is also a member of Vente Venezuela. The union leader was released in March with alternative measures.
3. On 22 January, the Attorney General announced that, as part of Operation White Bracelet, eight individuals were detained and arrest warrants were issued against six others, all of whom were in exile. Among the latter are human rights defender Tamara Suju and journalist Sebastiana Barráez.
4. On 23 January, four campaign leaders of Vente Venezuela were detained without a judicial order. One of these individuals was released on the third day, while the other three remain detained. Despite repeated requests for information from their families and lawyers about their whereabouts, the same authorities who had them detained from the outset denied them such information. Concrete information about their whereabouts was only known 27 days after the detention, and they were presented before a judge only 28 days later. To date, this is the longest enforced disappearance investigated by the Mission during the period of this update.

Rocío San Miguel, a prominent human rights defender and expert on security issues, was detained without a judicial order in the morning of Friday, 9 February, at Maiquetía Airport, as she was about to travel with her daughter. San Miguel’s family members and lawyers unsuccessfully attempted to obtain information about her whereabouts. Only in the afternoon of Sunday, 11 February, the Attorney General acknowledged San Miguel’s detention in his X account, without disclosing her location. It was only on Wednesday 14 February that the authorities informed that San Miguel was being held at El Helicoide, one of the torture centers documented by the Mission. The Attorney General linked San Miguel to Operation White Bracelet.

Meanwhile, on Saturday, 10 February, San Miguel’s daughter, who had not initially been detained at the airport, was arrested along with four relatives and persons close to San Miguel. All of them, along with San Miguel herself, were presented before a judge in the early hours of 13 February, well beyond the 48-hour period established by the law since San Miguel’s detention.

As of the date of this oral update, San Miguel and another person remain in pretrial detention, while the other individuals have been released on alternative measures, including the prohibition to publicly refer to these events or to leave the country.

The authorities’ practice of intimidating relatives and acquaintances of targeted individuals echoes a pattern previously reported in the Mission’s earlier reports.

The Mission, along with other human rights organizations in Venezuela and abroad, made public statements about the detention of Rocío San Miguel. The Office of the High Commissioner for Human Rights publicly expressed concern about this case also. Immediately thereafter, on 15 February, the Government suspended the activities of the Office’s Technical Mission in Venezuela and gave its personnel 72 hours to leave the country. The Mission deeply regrets this decision.

Together with Rocío San Miguel, the Mission has documented the cases of 18 other women who remain detained on charges of being involved in or associated with “conspiracies” to overthrow the Government in recent years.

Selective detention of opposition individuals linked by the authorities to the so-called Operation White Bracelet continues to date. On 8 March, a regional leader of Vente Venezuela was arrested in the state of Barinas. With him, six members of the party have already been detained during this period, four of whom remain in prison.

Mr. President,

The events that have occurred in recent months highlight the attacks by the Government of the Bolivarian Republic of Venezuela on an increasingly fragile civic and democratic space, as documented in the Mission’s previous report.

In this context, the Draft Law on the Supervision, Regularization, Performance, and Financing of Non-Governmental Organizations and Related Organizations has been taken up by the National Assembly and opened to public consultation since January. The draft is the same one questioned by the Mission in 2023. It is an attempt to further restrict the capacity of civil society actors to operate freely and independently in the country.

Mr. President,

In light of the initial results of our investigations, the Mission has found indications that State security forces continue committing serious violations of the human rights mentioned explicitly in the Mission’s mandate, which remain unpunished. At the same time, the Public Prosecutor’s Office continues to operate as part of the Government’s repressive machinery to give an appearance of legality to the persecution of critical voices.

Furthermore, the Mission is investigating the role of the Bolivarian National Guard in serious human rights violations and international crimes over the past ten years, with a view to giving an account of the chain of command and identify individual responsibilities.

Mr. President,

The Mission has repeatedly reached out to the Government of the Bolivarian Republic of Venezuela to request information and authorization to access the country, in line with Human Rights Council’s resolutions, without a response. The Mission takes this opportunity to reiterate its willingness to cooperate with the Venezuelan authorities within the scope of the Mission’s mandate.

The Mission will continue to conduct its investigations independently and rigorously to prepare the report that we will present to the Council in September of this year.

Thank you very much for your attention.