IACHR condemns the arbitrary detention of children and adolescents in the aftermath of the elections in Venezuela

September 12, 2024

Washington, D.C. —The Inter-American Commission on Human Rights (IACHR) condemns the arbitrary detention of children and adolescents and violations of their right to presumption of innocence and due process in the aftermath of the presidential elections in Venezuela. The Venezuelan State must guarantee the right of children and adolescents to participate in social protests and matters that affect them.

According to reports from the organization Foro Penal, at least 152 children and adolescents (that is, individuals under the age of 18) were arbitrarily detained following the July 28 presidential election in Venezuela. As of September 6, only 86 of these individuals have been released.

Most of the children and adolescents in question were detained during mass protests to challenge the lack of transparency in the election results. The information available suggests that their rights to presumption of innocence, due process, and humane detention conditions were violated following their arrests.

These children and adolescents were labeled as terrorists by authorities and held in cells alongside adults, in some cases without proper gender segregation. Additionally, they were denied access to official public defenders, depriving them of the possibility of a fair defense. Several have been tried through online proceedings in terrorism courts without the presence of family members or guardians.

The IACHR is especially alarmed by reports of cruel, inhuman, and degrading treatment in detention. One case involves a pregnant teenager subjected to gender-based violence while in State custody. State agents allegedly threatened her with forced abortion to prevent her from giving birth to "terrorist children." She was also forced to perform physical exercises and remain in uncomfortable, humiliating positions. Another case involves a child on the autism spectrum who is still being deprived of his freedom without family visits or medical care. Another particularly alarming case is that of a child who claims to have been beaten in custody, resulting in facial paralysis.

The IACHR reiterates that the right of children and adolescents to participate in matters that affect them can be exercised collectively, which includes the right to be heard as a group and to participate in public life. The State has a heightened duty of protection to ensure their safety during participation in such activities. The IACHR also reminds States of their obligation to protect the lives and personal integrity of those deprived of their freedom.

This obligation requires separating detainees into appropriate groups, particularly by Such conditions must include access to timely and appropriate healthcare and the absolute prohibition of all forms of cruel, inhuman, or degrading treatment.

The IACHR condemns the current political persecution in Venezuela and its impact on children and adolescents who exercise their right to demonstrate and participate in social protests. It emphasizes that children and adolescents have the right to special, enhanced protection, not to be held in detention with adults, nor to be subjected to situations of violence or arbitrary separation from their families.

At the same time, it reiterates that there is no separation or independence of public powers in Venezuela, as evidenced by the lack of effective judicial control over arbitrary detentions and detention conditions. The Venezuelan State must urgently adopt measures to restore democratic rule and undertake to prevent, investigate, prosecute, and punish these human rights violations.

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. 212/24

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