Venezuela Awareness Foundation

www.venezuelaawawreness.com

Report on Practices of Human Rights for Political Reasons

Venezuela 2009

 

President of Venezuela Hugo Chávez assumed power through elections in February 1999. During his first ten years as President, violations of human rights for political reasons were in most cases of selective nature. Those that were victims of political persecution - many of which are already in exile — were chosen for their particular circumstances or personal characteristics that the regime considered offensive or dangerous for the government and/or its revolutionary agenda.

At the start of the second decade of Hugo Chavez’s Government it has been a drastic change: selective political persecution became a widespread political persecution which includes any Venezuelan citizen and extends throughout the country.

This form of political persecution has one great similarity with the reported in Cuba and its fundamental features are as follows:

-Illegal searches.

-Criminalization of the protest.

-Procedural delay.

-Torture and other cruel, degrading and inhumane treatments.

-Refusal of granting of procedural benefits in order to obtaining freedom.

-Direct interference of President Chávez in the decisions of the judiciary.

-Creation of new laws to legalize the violation of human rights.

-Persistence of the Venezuelan State to deny the entrance to the country to the Inter-American Commission of Human Rights -OEA.

-Implementation of a judicial system that mimics the Cuban system and in which the main head is the head of State, Hugo Chavez, and underneath him are the Supreme Court of Justice, the Judicial Courts, the Tribunals, the Prosecution and the Police agencies.

-Increase in the number of political prisoners in 2009: from 28 as of December 31st 2008 it increased to 57 during 2009.

During 2009 we could observe how the Bolivarian revolution led by President Hugo Chávez has controlled the structures of access to justice, which has led to the excessive abuses, human rights violations and a guaranteed impunity that has allowed these atrocities to continue.

Moreover, the condition of repression of the State has increased, and copying the Cuban model, the protests have been criminalized in order to silence the opposition or dissenting voices. This constitutes a violation of one of the fundamental rights guaranteed in the national Constitution, violation covered under accusations as "resistance to the authority", "rebellion" and "disturbance of the public order", crimes comparable to that of "social danger" referred as in the Cuban criminal code; and furthermore, triggered a wave of "subtle threats", trails or markings, illegal detention, persecution, "sorted" robbery, public beatings and detentions in the area of the Maiquetía International Airport.

It is important to stress that these abuses against the civil society are exercised not only by the Government security forces, but also by followers of the system, which has become a real psychological torture for the entire population as their acts go unpunished and more over are endorsed by the institutions that ought to be responsible for ensuring the safety of the population and administer justice. The objective is to prevent and silence those citizens who reject the Bolivarian revolution of President Hugo Chavez and send a "message" to the rest of the country.

As it is common practice in Cuba, both the head of State, Hugo Chavez, and representatives of the Government, induces public derision on those citizens that are in the opposition. They are referred to as "sold to the Empire", "counter-revolutionary", "fascists", "traitors to the motherland", etc. That way, the Government criterion is what prevails lying to the international community through the management of disinformation. Thus, President Chávez has managed to remain in power through a false image that in Venezuela there is a rule of law.

Similarly, the Venezuelan State has ignored the pronouncements of the international organizations as the Inter-American Commission of Human Rights-OEA. Similarly to the Organization to the country in order to avoid the criticism that can be made to the deterioration of civil liberties, complaints of violations of the human rights and the certification of the existence of political prisoners. Closing the door to the IACHR-OAS to Venezuela, the Venezuelan State seeks to minimize the serious crisis in the country in respect to human rights and prevents that once these situations are observed, the country could be punished.

Political Prisoners

During 2009 up to 57 prisoners were strictly political; however, some prisoners were freed with alternative measures of freedom, which is why the final figure of those incarcerated for political reasons as of December 31st, 2009 was 32.

It should be noted that the conditions of detention of political prisoners can be described as respectable; however, allegations of unreasonable and continuous requisitions have been received although ultimately respectful.

However, it is of extreme concern the procedural delay of the trials of political prisoners, as well as the use of legal tactics to deny them the procedural benefits that can lead them to freedom, which leads to their tenure in prisons in a prolonged and unlawful way.

Torture and other cruel, degrading and inhuman treatment

With regard to this point, we submit two specific cases:

1.-Commissioner José "Mazuco" Sánchez.

On February 7th, officials of the Corps of Scientific and Criminalist investigations (CICPC) moved Commissioner Sánchez from his place of detention in the military prison of Ramo Verde to the Court. Once the visit to the Court was completed, the Commissioner was not transferred to his cell in the military prison, but was confined

to a cell of the CICPC in which there was no light or water but a toilet full of droppings, rats and insects. Once there, Commissioner Sánchez was not allowed to change clothes, nor was he supplied with food or drinking water. Officials claimed that they had power and fulfilled orders.

The next day he was transferred back to the Court. This time he was hand cuffed with excessive force and a Briefcase of approximately 20 kg, was landed on top of him who created a bruise that lasted several days.

Right after this incident, a complaint was introduced with the acting Judge and the Prosecutors of the Attorney-General; investigation that never started.

During the year 2009, Commissioner José Sanchez’s judgment was suspended 11 times and has been a prisoner for 2 years and 4 months.

 2.-Captain (R) of army Otto Gebauer

After of strong pressure of the Defense, Captain Otto Gebauer obtained a replacement measure of freedom through the regime of labor detachment on March 13th, 2009, to which he was entitled by law and which was awarded by the judge.

Captain Gebauer went to perform service in a center of community treatment (CTC). At the insistence of the case Prosecutor, there was a massive and systematic harassment against him: excessive surveillance, harassment to relatives and his residence and to his neighborhood securities, until they achieved that the judgment was revoked as of March 28th, 2009. Through an exaggerated police deployment, members of the Division of military intelligence (DIM) picked him up in the CTC to be returned to his detention place without the presence of his lawyer and a Prosecutor from the public prosecutor's Office. With some very tight cuffs -to the point of preventing blood circulation-, Captain Gebauer was dragged to a vehicle where he was subjected to an uninterrupted beating during the lapse of time that the journey to the Intelligence Division Military lasted, where he spent the night.

Officials of the DIM use beatings techniques that make it difficult to visualize marks; however, the beating was so brutal that it was impossible to hide them, and his hands were numb and swollen for several days.

After what has happened, a complaint before the judge was filed and presented photographs in which there was evidence of the blows received by Otto Gebauer. However, officials of the DIM attempted to introduce a an affidavit from a doctor who had not examined him.

Research requested because of this violation of human rights never prospered. 

(Photographs showing a blow to his cheek, as well as marks of beatings and swelling in the wrists are annexed).

Conclusion

We express our deep concern for the increase of repression and political prisoners in Venezuela, and the tactics used by the Venezuelan State to maintain political prisoners deprived of their liberty and prevent that they enjoy procedural benefits and/or alternative measures of freedom.

Just as in Cuba, where there is the longer and bloodier dictatorship in the American hemisphere, the Bolivarian revolution continues growing roots and tries to establish a Marxist regime that incessantly violates human rights. This places Venezuela as the second country with more political prisoners and deplorable situation of the human rights in the area.

It is our opinion that nothing will change while a revolutionary process that attempts to implement a Marxist system remains, led by President Chávez who has implemented a set of legislations to control the country and stay in power indefinitely. These laws violate the civil rights of Venezuelans, as well as all warranties enshrined in the Venezuelan Constitution and International Treaties.

In the absence of legal certainty and procedural guarantees, the Venezuelans are defenseless against any atrocity committed by the Venezuelan Government, and political prisoners are every day less likely to obtain their freedom.

We call upon the International community to address for the search of solutions to this serious situation of deterioration of Human Rights for political reasons in Venezuela which are the reflection of the same violations in the Castros’ Cuba.

 

Venezuelan Political Prisoners

2003

1.-Agente (PM) Erasmo Bolívar, retenido ilegalmente en Abril 21, 2003 (Carcel Militar de Ramo Verde)
2.-Dtgdo (PM) Luís Molina Cerrada, retenido ilegalmente en Abril 21, 2003 (Ramo Verde)
3.-C/1ro (PM)Arube Pérez Salazar, retenido ilegalmente en Abril 21, 2003 (Ramo Verde)
4.-Sub.Com. (PM) Marco Hurtado, retenido ilegalmente en Abril 21, 2003 (Ramo Verde)
5.-Insp. Jefe (PM)Héctor Rovain, retenido ilegalmente en Abril 21, 2003 (Ramo Verde)
6.-S/May. (PM) Julio Rodríguez, retenido ilegalmente en Abril 21, 2003 (Ramo Verde)
7.-Silvio Mérida Ortiz, retenido ilegalmente en Noviembre 6, 2003 (DISIP)


2004

8.-Raúl Díaz Peña, retenido ilegalmente en Febrero 25;2004 (DISIP)
9.-Capitan Otto Gebauer, retenido ilegalmente en Febrero 11,2004 (Ramo Verde)
10.-Juan Bautista Guevara Pérez, retenido ilegalmente en Noviembre 20, 2004 (DISIP)
11-Iván Simonovis, retenido ilegalmente en Noviembre 22, 2004 (DISIP)
12.-Otoniel José Guevara, retenido ilegalmente en Noviembre 23, 2004 (Disip)
13.-Rolando Jesús Guevara, retenido ilegalmente en Noviembre 23, 2004 (DISIP)
14-Lázaro Forero, retenido ilegalmente en Diciembre 3, 2004 (DISIP)
15.-Henry Vivas, retenido ilegalmente en Diciembre 3, 2004 (DISIP)


2005

16.-General Felipe Rodríguez, retenido ilegalmente en Febrero 6, 2005 (DISIP)


2006

17.-General Delfín Gómez Parra, retenido ilegalmente en Diciembre 3, 2006 (Centro Penitenciario de Los LLanos, Guanare, Portuguesa)


2007

18.-Gustavo Arraiz, retenido ilegalmente desde Febrero 28, 2007 (DISIP)
19.-José Rafael Ramírez, retenido ilegalmente desde Abril 26, 2007 (Centro de PM)
20.-Comisario José "Mazuco" Sánchez Montiel, retenido ilegalmente desde Septiembre 15, 2007

(Ramo Verde)


2008

21.-Leocenis Garcia, retenido ilegalmente desde Mayo 8, 2008 (Tocuyito-Estado Carabobo)


2009

22.-Biagio Pilieri, retenido ilegalmente el 4 de Febrero, 2009 (Comandancia General de la Policia de San Felipe, Yaracuy)

23.-Mario Martinez, retenido ilegalmente el 4 de Febrero, 2009 (Comandancia General de la Policia de San Felipe, Yaracuy)

24.-Asdrubal Lugo, retenido ilegalmente el 4 de Febrero, 2009 (Comandancia General de la Policia de San Felipe, Yaracuy)

25.-John Pernia, retenido ilegalmente el 4 de Febrero, 2009 (Comandancia General de la Policia de San Felipe, Yaracuy)

26.-Wiston Luque, retenido ilegalmente el 18 de Junio, 2009 (Poli Baruta, Caracas)

27.-Willian Urquiola, retenido ilegalmente el 18 de Junio, 2009 (Poli Baruta, Caracas)

28.-Jose Alfredo Baez, retenido ilegalmente el 18 de Junio, 2009 (Poli Baruta,Caracas)

29.-Jose Leonardo Paraqueima, retenido ilegalmente el 22 de Junio, 2009 (Poli Baruta, Caracas)

30.-Gustavo Azocar, retenido ilegalmente desde julio 29,2009 (Penitenciaria Santa Ana, Estado Tachira)

31.- Richard Blanco, retenido ilegalmente desde Agosto 26,2009 (Yare 3)

32.-María Lourdes Afiuni Mora, retenida ilegalmente desde Diciembre 10, 2009 (Inof)