IACHR Files Case with IA Court Concerning Violation of Political Rights and Judicial Guarantees

July 25, 2024

Washington, D.C. - On May 16, 2024, the Inter-American Commission on Human Rights (IACHR) filed Case 14.142 against Venezuela before the Inter-American Court of Human Rights (IA Court). The case concerns the violation of the rights to a trial without undue delay of Norma Estela Guarulla Garrido, Julio Haron Ygarza, and Romel Edgardo Guzamana and regarding their political rights following their election as representatives to the National Assembly.

In December 2015, Venezuela held elections for the National Assembly for the 2016–2021 term. Norma Estela Guarulla Garrido and Julio Haron Ygarza from the Mesa de la Unidad Democrática were elected in the state of Amazonas, and Romel Edgardo Guzamana was elected as an indigenous representative for the southern region. Although the National Electoral Council (CNE) officially recognized the elected candidates, a former candidate challenged the results, alleging electoral manipulation and fraud, which led the Electoral Chamber of the Supreme Court of Justice (TSJ) to suspend their appointment. However, the National Assembly swore in the deputies in question, which led the Electoral Chamber to declare the National Assembly in contempt and to order that they be disqualified.

In Admissibility and Merits Report No. 407/21, the IACHR noted that the victims had not been able to formally occupy the positions they had been elected to in 2015 and that the legal proceedings had still not been finalized. The IACHR deemed that the length of the electoral process, which prevented the victims from permanently taking office, violated judicial guarantees and protections. This affected both the right to vote and the right to stand for office as well as the victims' right to hold the offices to which they had been elected.

For these reasons, the IACHR concluded that the State of Venezuela is responsible for the violation of the rights to judicial guarantees and protection protected by articles 8.1 and 25.1 of the American Convention on Human Rights and of the political rights contained in article 23.1 in relation to article 1.1 of the American Convention, to the detriment of Julio Haron Ygarza, Nirma Estela Guarulla Garrido, and Romel Edgardo Guzamana.

The IACHR recommended that the State take the following measures to remedy the violations identified in the report: 

1. Adopt measures to ensure the immediate closure of the disputed electoral process in Case No. AA70-E-2015-000146. 
2. Make full reparation to the victims for the violations mentioned in the report, with fair compensation for material and moral damages.
3. Implement measures to prevent these events from being repeated that guarantee clarity on the rules that will govern the electoral process, including by guaranteeing the participation of the parties involved, establishing time limits for judicial proceedings, and identifying possible measures to be adopted in response to precautionary measures.

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. 169/24

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