The government of Venezuela is facing a new setback at the International Criminal Court. The Hague judges unanimously decided to reject the lawsuit filed last year with the aim of stopping the investigation into alleged crimes against humanity committed in the last decade under the government of Nicolás Maduro, which included arrests, arbitrary killings and torture and enforced disappearances. The trial, which began on November 3, 2021 after Argentina, Canada, Colombia, Chile, Paraguay and Peru filed suit with the court in 2018, continues. The Venezuelan Foreign Ministry described the decision as unfounded.
This is one of the fronts on which Chavismo is fighting. The appeal filed by government lawyers last year opened the door to hearing part of the testimony of more than 8,000 victims who testified before the Victims' Defense Office and the observations of the Organization of American's panel of independent experts states during the court hearing in November.
The ruling comes at a time when Chavismo is once again in the crosshairs of the international community in the year of the presidential election due to an intensification of political persecution and repression, and two recent incidents have raised renewed concerns about the human rights situation in the country.
The first is the arrest of activist Rocío San Miguel, whose defense has denounced serious violations of due process, including solitary confinement and enforced disappearances lasting several days. San Miguel was unable to get assistance from his lawyers after 20 days in detention on conspiracy and terrorism charges. Secondly, the expulsion of the members of the technical office of the United Nations High Commissioner for Human Rights for expressing concern about the San Miguel case.
The government has argued that the justice system's role is to investigate and convict crimes. However, the ICC has responded that this does not fall under the same category of crimes against humanity nor against the senior officials responsible for committing them.
In a statement, Foreign Minister Yván Gil assured that the ICC is responding to political intentions: “This entire maneuver is based on the manipulation of a limited number of crimes that have been or are being duly investigated and punished by the criminal justice system of Venezuelan justice.”
However, human rights defenders have repeatedly denounced that many cases related to arrests, torture of political prisoners and murders of demonstrators in the 2014, 2017 and 2019 protest cycles and security operations remain unpunished. The OAS panel of experts welcomed the court's decision and calls on prosecutor Karim Khan to include in his investigation “the recent crimes committed in the escalation of politically motivated persecution, detentions and disappearances in the run-up to the 2024 elections” and to include everyone Perpetrators, including high-ranking state criminals.”
A report by the Center for Defense and Justice of Venezuela counted 97 attacks against NGOs in January. “The intimidation and attacks recorded in the first month of the year demonstrate the lack of protection for those who defend, demand and promote rights, and the lack of conducive and safe environments in which to carry out their work,” said the report published on Friday . In 2023, this organization counted 524 attacks. Added to this is the National Assembly's intention to adopt a law to monitor social organizations, which would provide for fines of up to $12,000 for organizations that do not declare the identity and origin of donations.
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