IACHR and SRFOE condemn State terrorism practices in Venezuela

August 15, 2024

Washington D.C. - The Inter-American Commission on Human Rights (IACHR) and its Office of the Special Rapporteur for Freedom of Expression (SRFOE) condemn practices of institutional violence in the context of the electoral process in Venezuela, including violent repression, arbitrary detentions, and political persecution. The regime in power is sowing terror as a tool to silence the citizenry and perpetuate the ruling authoritarian regime in power. Venezuela must cease practices immediately that violate human rights and reestablish democratic order and the rule of law.

On October 17, 2023, the Venezuelan government and the opposition signed the "Partial Agreement on the Promotion of Political Rights and Electoral Guarantees for all Venezuelans" which established the commitment to carry out peaceful presidential elections with international observation. However, in the pre-electoral period, the regime intensified authoritarian practices to obstruct political participation through a pattern of coercion aimed at demobilizing the opposition and its potential supporters. In other measures, the registration of opposition candidacies, such as those of María Corina Machado and Corina Yoris, was prevented. Likewise, the State imposed barriers to voting abroad, and denied the accreditation and entry to the country of most of the independent international observation missions. In addition, it intensified political persecution, harassment, and arbitrary arrests of opposition leaders, activists, and journalists. In this context, Nicolás Maduro warned of a "bloodbath and civil war in the country" if the opposition achieved an electoral victory. This announcement was aimed at instilling terror in the population and generating a paralyzing effect on citizen participation in the process.

On July 28, 2024, the presidential elections were held with a higher turnout than the previous elections, both of voters and of volunteers who acted as poll witnesses and observers. After the closing of the polls, complaints arose about serious irregularities in the transmission of the electoral minutes for the verification and counting of votes, as well as about the lack of transparency and other obstacles in the citizen audit process. These denunciations intensified after the press conference of the president of the National Electoral Council (CNE), who unilaterally declared Nicolás Maduro as the winner of the elections, without providing the fully tally of the results or disaggregated statistical data, as required by Venezuelan electoral law.

To date, the CNE has not made public the electoral minutes nor provided the necessary information to refute the serious allegations of electoral fraud, insisting on declaring Nicolás Maduro as the winner without the required documentation or statistical data. The political opposition gathered close to 80% of the tally sheets sustaining its authenticity through the corresponding stamps, signatures and identifiers. The totalization of these tally sheets show that Edmundo Gonzalez Urrutia won the election. In addition, in order to facilitate independent verification of the results, it published copies of the tally sheets on websites, which have been subject to virtual attacks.

The Carter Center, an entity with long experience and credibility, present in Venezuela during the election, concluded that it did not comply with international parameters and standards of electoral integrity, and, therefore, cannot be considered democratic. For its part, the United Nations (UN) Panel of Experts that accompanied the presidential election indicated that "the announcement of the result of an election without the publication of its details or the disclosure of tabulated results to the candidates has no precedent in contemporary democratic elections." In a similar sense, the Organization of American States (OAS) detected arithmetic errors in the data presented by the CNE.

On July 31, in the context of the lack of electoral transparency, President Maduro filed an action before the Supreme Court of Justice (TSJ) to certify the results, despite the fact that the competent authority for such purpose is the Electoral Power. In this regard, the IACHR has repeatedly pointed out in Chapter IV.B of its Annual Report the absence of an independent Judiciary in Venezuela and co-optation of the TSJ by the Executive Branch.

Inter-American instruments guarantee the right of citizens to participate in the conduct of public affairs; to vote and be elected in periodic, free, fair elections based on universal and secret suffrage as an expression of the sovereignty of the people. The lack of timely publication of the electoral records generates a profound lack of confidence in the results announced by the CNE and, together with the other irregularities registered during the process, seriously denies the political rights of the citizenry.

Serious allegations of irregularities and electoral fraud have led to at least 300 spontaneous protests throughout the country, mobilizing different social sectors, particularly inhabitants of poor areas. The demonstrations have been harshly repressed by State forces and by armed non-State groups linked to the ruling party, known as "colectivos." The repression has reflected patterns already observed by the IACHR in the 2014 and 2017 protests: i) arbitrary use of force resulting in loss of life and injuries; ii) arbitrary detentions and forced disappearances; iii) judicial persecution and harassment against perceived opponents and electoral volunteers; iv) censorship and restrictions on freedoms of expression, association, and peaceful assembly; and v) obstacles to human rights advocacy work. These patterns are discussed in more detail below.

i) Arbitrary use of force

Between July 28 and 30, there were reports of abuse of public force against the demonstrators. The violence resulted in the death of at least 23 people. Preliminary information indicates that the victims were men between 15 and 56 years of age, most of them from poor areas of the country. All of them died as a result of gunshot wounds, some of them in the back or in the head. According to public information registered by the Special Follow-up Mechanism for Venezuela (MESEVE), 10 of the deaths were attributed to state forces: eight to military forces and two to the police. Six of the deaths were attributed to the "colectivos," which act with the consent, tolerance, or acquiescence of the State, and are even legally incorporated in the "Popular System of Protection for Peace." Two of the cases are attributable to mixed actions between State forces and non-state groups. In five of the cases, there is no information on the profile of the alleged perpetrators.

The right to life is recognized as the supreme right of human beings and as a necessary condition for the enjoyment of all other rights. The use of force by State security forces must be legitimate, exceptional, planned, and proportionally limited by the authorities. The IACHR notes that the deaths registered in the context of the repression could be characterized as extrajudicial executions and generate international responsibility for the State, without prejudice to the individual criminal responsibility of the perpetrators. It also warns the international community about the actions of non-state armed groups, who act with the tolerance, collaboration, or acquiescence of the Venezuelan State.

ii) Arbitrary detentions and forced disappearances

The IACHR has received information on a pattern of violations of personal liberty. Between July 28 and August 13, civil society organizations have registered at least 1,393 persons detained, including 182 women; 117 adolescents; 17 persons with disabilities; 14 indigenous persons; and 7 journalists and press workers. Reports have been received of arbitrary detentions; forced disappearances of short duration in which acts of sexual violence against women and other acts that could constitute torture have allegedly been committed. Detainees are transferred to detention centers in secret, without their families having any knowledge of their whereabouts or physical condition.

Arbitrary arrests, mostly of young people from urban areas with higher poverty rates, initially occurred on a massive scale during the demonstrations. In addition, there have been selective deprivations of liberty through a strategy of detention and criminalization against those who question the electoral results announced by the CNE, including in their places of residence in the so-called "operation tun tun." This strategy has been particularly directed against electoral volunteers and those perceived as opponents to the regime, including journalists, opposition leaders, human rights defenders and university students, many of whom are in hiding.

The IACHR has followed the detention of opposition leader and former deputy Freddy Superlano, detained by Venezuelan authorities on July 30, whose family reported that he may be suffering torture. Likewise, the case of Williams Dávila, beneficiary of a precautionary measure from the IACHR. Likewise, the detention and disappearance of opposition leader María Oropeza, also beneficiary of a precautionary measure, who recorded the moment of her detention on social networks. On the other hand, due to the risk of being detained, opposition leaders are taking refuge in the Embassy of the Republic of Argentina, where they have been subject to permanent siege by the State.

International human rights law prohibits arbitrary arrest or detention. Among the most fundamental norms of the international system is the prohibition of torture and enforced disappearance. The serious pattern of arbitrary detentions in the current context is not new, but is part of a strategy that punishes opposition, dissidence, and the defense of human rights. In addition, the IACHR highlights the right of children and adolescents to a special protection, to not be deprived of liberty with adults, or expose to situations of violence or arbitrary separation from their families.

iii) Judicial persecution and harassment

The persons detained in this context are being subjected to criminal proceedings for ambiguously and broadly worded offenses which, in addition to having excessively high penalties, are an attack against the exercise of freedom of expression and seek to generate a paralyzing effect due to fear of prosecution. The charges brought by the Public Prosecutor's Office include the crimes of incitement to hatred, terrorism, conspiracy, treason, association to commit a crime, resistance to authority, obstruction of streets or roads, and disobedience of laws.

In the context of criminal proceedings, violations of human rights have been reported, in particular violations of judicial guarantees, including the right to be represented by an attorney of their choice due to the imposition of public defenders; in the case of adolescents, to communicate and be represented by their families; in the case of indigenous persons, to have interpretation and interculturalism in judicial proceedings; and in the case of persons with disabilities, to have reasonable accommodations in criminal proceedings.

Every person has the right to a hearing, with due guarantees, within a reasonable time, with legal assistance of their choice. In the current context, the IACHR expresses concern about the severe limitations to the judicial guarantees denounced, with a focus on the differentiated impact on adolescents, indigenous persons, and persons with disabilities.

iv) Censorship and restrictions on freedom of expression, association, and peaceful assembly

SRFOE has received information on the escalation of repression and systematic attacks directed against journalists, media outlets and citizens who disseminate information of public interest of particular importance in the post-electoral context. Since July 28, approximately 108 cases of violations of freedom of expression have been recorded, including the arbitrary detention of journalists and press workers on unfounded charges of "incitement to hatred" and "terrorism," the cancellation of passports, the closure of media outlets, the confiscation of equipment, and the deportation of international press personnel.

The regime has also intensified repression in the digital sphere, using technology to profile, monitor, and intimidate opponents and critical voices. Blockages of websites, social networks, and instant messaging platforms have been documented, as well as the use of applications that encourage citizens to inform on each other. In particular, the VenApp application, originally intended for the management of public services, has been reconfigured with functions to inform on individuals to the regime under labels such as "suspicious" activities, "fascist guarimba," "disinformation," and "public disorder." Within this framework, the IACHR and its SRFOE have also received information on random detentions in the street for the inspection of content on mobile devices, as well as the use of video surveillance and patrolling drones.

In this context, the blocking of the portal "resultadosconvzla.com," created by the opposition for the visualization of the tally sheets of each polling station counted and whose data contrasts with the official information provided by the CNE, is particularly worrisome. As announced by the Attorney General, those responsible for the publication and maintenance of said portal are under criminal investigation for the crimes of usurpation of functions, falsification of public documents, incitement to disobedience of laws, computer crimes, association, and conspiracy. The IACHR and its Special Rapporteurship warn that the information contained therein is of high public interest and requires reinforced protection, given its relevance for transparency and accountability. In the absence of reliable information from the electoral authority, access to and availability of this information is crucial to protect political rights and allow the international community to form its own analysis on the current situation in Venezuela.

In addition, there is an official propaganda campaign that combines elements of terror, including cyber-patrol activities by intelligence agencies, arrests, and production of content that portrays critics as criminals, forcing them to issue messages of repentance as exemplary acts encouraging public scorn. The Office of the Special Rapporteur warns that the deployment of government propaganda and disinformation are part of a State policy to criminalize and repress critical expressions. This censorship affects all of society, from political leaders to popular sectors that have spontaneously demonstrated. It also exacerbates the climate of hostility and violence against those who wish to participate freely at a crucial moment for Venezuela.

In accordance with international standards, expressions, information, and opinions related to matters of public interest and to the State and its institutions enjoy enhanced protection. The IACHR and its Office of the Special Rapporteur emphasize that aggressions and attacks aimed at silencing critical or dissident expressions and information from journalists and the media are an attack on freedom of expression and violate society's right to access information. The lack of guarantees for the exercise of this right in the current context seriously erodes citizen confidence in institutions and in the electoral process.

v) Obstacles to human rights defense work

The Commission is concerned about the repressive measures adopted by the State against the work of human rights defenders through arbitrary detentions, harassment, limitations on freedom of movement, and illegitimate restrictions on freedom of association.

In this regard, the IACHR received information on the illegal cancellation of passports of at least 36 human rights defenders, communicators, and their families. For example, the case of LGBTI human rights defender Yendri Velásquez, who was arbitrarily detained and whose passport was annulled when he was about to travel to participate before the Committee on the Elimination of Racial Discrimination. On the other hand, the discussion of the "Law for the Control, Regularization, Performance and Financing of Non-Governmental and Related Organizations" was resumed, which would arbitrarily restrict a series of rights, such as the freedoms of association, expression, and participation in matters of public interest.

In this regard, it is recalled that the work of human rights defenders plays a fundamental role in democracy and the rule of law. States must protect people who defend human rights when their lives and personal integrity are at risk, adopting an effective and comprehensive prevention strategy and refraining from criminalizing them. In Venezuela, the mere work of defending human rights generates the immediate suspicion of the regime and activates the repressive state machinery.

Conclusions and recommendations

The practices of state terrorism perpetrated by the current regime and observed by the Commission are not only aimed at the persecution of specific sectors, but also generate a climate of fear and intimidation among the Venezuelan population. They amount also to a denial of the right to political participation. This, in a context of absolute lack of protection and vulnerability in the face of abuses of power for which there is no recourse for protection, since the control agencies respond to the regime and are part of the State's repressive strategy.

The IACHR and SRFOE call on the Inter-American community to recognize this serious situation, to remain vigilant in the face of the escalation of repression, and to ensure the protection of both the electoral information available and the citizens who have safeguarded it. It also urges the concerted activation of bilateral and multilateral diplomatic channels for the transition to democracy.

The human rights violations registered in the current political and electoral crisis aggravate the already existing structural problems, such as the lack of access to economic, social, cultural, and environmental rights, as well as the forced mobility of people.

The Venezuelan State is internationally obliged to respect and guarantee human rights. Within this framework, it must act in compliance with its duties and immediately cease all patterns of repression and practices that seek to generate terror among its own population. Specifically, Venezuelan authorities must:

1. Urgently restore democratic order and the rule of law, guaranteeing independence, the balance of powers, and the political rights of the Venezuelan population.
2. Guarantee access to public electoral information through the publication of all voting records; allow their independent scrutiny and respect the popular will expressed in the vote, in accordance with human rights standards.
3. Order public forces to refrain from the arbitrary use of force.
4. Ensure that non-state armed groups acting with their consent, tolerance, or acquiescence cease violence immediately.
5. Immediately release arbitrarily detained persons.
6. Prevent, prosecute, and punish serious human rights violations. Specifically forced disappearance, even of short duration; as well as acts of torture, cruel, inhuman, or degrading punishment or treatment, including acts of a sexual violence.
7. Respect judicial guarantees, including measures to ensure due process and reliable technical defense, as well as guarantees for children, adolescents, indigenous peoples, and persons with disabilities.
8. Cease criminalization, harassment, and persecution of human rights defenders.
9. Immediately cease repressive actions directed against human rights defenders, dissidents, political opponents, electoral witnesses, journalists, and the media.
10. Suspend all strategies of digital persecution and those that employ technologies to intimidate or silence the population, particularly human rights defenders, dissidents, political opponents, electoral witnesses, journalists, and the media.

Finally, the IACHR announces the reactivation of its Coordination and Timely and Integrated Response Room (SACROI Venezuela) in order to strengthen the monitoring, protection, and timely response of its mechanisms. SACROI will concentrate institutional capacities and coordination between the areas of the IACHR Executive Secretariat, the Office of the Special Rapporteur for Freedom of Expression (SRFOE) and the Office of the Special Rapporteur on Economic, Social, Cultural and Environmental Rights (SRESCER).

The Office of the Special Rapporteur for Freedom of Expression is an office created by the Inter-American Commission on Human Rights (IACHR) to encourage the hemispheric defense of the right to freedom of thought and expression, considering its fundamental role in the consolidation and development of the democratic system.

The IACHR is a principal and autonomous organ of the Organization of American States (OAS), whose mandate derives from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission is mandated to promote the observance and defense of human rights in the region, and acts as a consultative body to the OAS in this area. The IACHR is composed 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. 184/24

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