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Venezuela

Section 1. Respect for the Integrity of the Person

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were numerous reports that the Maduro regime committed arbitrary or unlawful killings. Although the regime did not release statistics on extrajudicial killings, nongovernmental organizations (NGOs) reported that national, state, and municipal police entities, as well as the armed forces and regime-supported colectivos, carried out hundreds of such killings during the year. In September the UN Independent Fact-Finding Mission (FFM) on Venezuela also noted, for the second consecutive year, concern regarding “extrajudicial executions, enforced disappearance, arbitrary detentions, and torture and cruel, inhuman, and degrading treatment, including sexual and gender-based violence.” The FFM report stated “real and perceived opponents or critics” of the Maduro regime increasingly included individuals and organizations that documented, denounced, or attempted to address human rights or social and economic problems in the country. The FFM concluded that it had reasonable grounds to believe the justice system had played a significant role in the state’s repression of government opponents.

The Public Ministry is responsible for initiating judicial investigations of security force abuses. The Office for Protection of Human Rights in the Public Ministry is responsible for investigating cases involving crimes committed by public officials, particularly security officials. There was, however, no official information available on the number of public officials prosecuted, convicted, or sentenced to prison for involvement in extrajudicial killings, which, in the case of killings committed by police, were often classified as “resistance to authority.”

The Office of the UN High Commissioner for Human Rights (OHCHR) reported a reduction in the rate of killings in the context of security operations or protests, yet the number remained high.  No official data was available, but the NGO Monitor de Victimas reported 87 extrajudicial killings by the National Scientific, Criminal, and Investigative Corps (CICPC), Special Action Forces (FAES), Bolivarian National Guard, and Bolivarian National Police in greater Caracas from June 2020 to March 2021.  The NGOs Venezuelan Education-Action Program on Human Rights (PROVEA) and Fundacion Gumilla documented 825 extrajudicial killings in the context of security operations or protests in the first half of the year.

According to the OHCHR, there were fewer allegations of extrajudicial killings attributed to FAES since September 2020 but more attributed to other forces, including state and municipal police forces and the CICPC.

On January 8-9, members of FAES, the Bolivarian National Police, and other security forces killed at least 24 persons, including two minors, in a police operation in Caracas’ La Vega parish. Investigations by human rights NGOs determined that at least 14 deaths constituted extrajudicial killings. Families of victims refuted the argument that the deaths stemmed from “resistance to authority,” the charges alleged by the Maduro regime to justify killings committed by security forces. The families reported security forces entered their homes without a warrant, robbed and killed the victims, and altered the crime scene to suggest a violent confrontation. Although human rights NGOs and international organizations demanded an investigation, the Maduro regime attorney general and human rights ombudsman did not issue a statement responding to the allegations. The Inter-American Commission on Human Rights (IACHR) and other international organizations demanded the regime investigate and convict the security forces responsible for the violence. No arrests had been made as of November regarding any of these killings.

The Maduro regime attorney general reported that from 2017 through February, 1,019 officers were accused of homicide, torture, or inhuman, cruel, or degrading treatment, but only 177 were convicted for such crimes, with no reference to arbitrary killings. The regime did not release details on officer convictions or other investigations of security officers involved in killings. The OHCHR found that investigations of human rights violations committed by regime security forces were hampered by the regime’s refusal to cooperate, tampering with evidence, judicial delays, and harassment of relatives of victims. According to NGOs, prosecutors occasionally brought cases against perpetrators of extrajudicial killings, but prosecutions often resulted in light sentences, and convictions were often overturned on appeal. In many cases the regime appeared to be scapegoating low-level functionaries while allowing high-level officials who issued the illegal orders to continue in their positions.

On March 21, the armed forces launched a military operation against a group of the Revolutionary Armed Forces of Colombia dissidents (FARC-D) in Apure State.  NGOs denounced serious human rights violations committed by Maduro regime security forces during the operation.  PROVEA reported that members of the notoriously violent FAES kidnapped a family of five in El Ripial, executed them, and dressed the bodies with uniforms and weapons to suggest an affiliation with FARC-D.  Local residents reported intense fear of members of the armed forces and noted that FAES officers seized cell phones to monitor communications.

Maduro regime defense minister Vladimir Padrino Lopez criticized coverage of the violence by media outlets and NGOs as the propagation of “falsehoods and terror.” The attorney general designated a special commission to investigate human rights violations committed during the conflict, but as of October the investigation had not resulted in charges.

Section 2. Respect for Civil Liberties

b. Freedoms of Peaceful Assembly and Association

The Maduro regime restricted freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

The constitution provides for the right of peaceful assembly, but the Maduro regime generally repressed or suspended it. A 2015 public decree regulates the right to assembly and grants the armed forces authority to control public order. Human rights groups continued to criticize the law as enabling the regime to charge protesters with serious crimes for participating in peaceful demonstrations. Ambiguous language in the law also allows the Maduro regime to criminalize organizations and persons critical of it. Protests and marches require advance authorization from the regime and are forbidden within designated “security zones.” In addition NGOs and opposition deputies expressed concern that the illegitimate Maduro regime used quarantine restrictions as a form of social control to criminalize protests and silence critics.

Citizens organized sporadic and often spontaneous small-scale protests throughout the year to demand basic goods and services such as water, gasoline, electricity, and access to vaccines. Workers also periodically demonstrated to demand a living wage. Some political parties and candidates staged small-scale demonstrations to protest moves to deny their registration for November’s regional elections. The Venezuelan Observatory of Social Conflict documented 3,393 protests in the first six months of the year, 59 of which were repressed by regime-aligned security forces and armed groups. The observatory documented 25 detentions, seven injured, and one death during protests as of September.

In at least three cases documented by the OHCHR, armed colectivos participated in the repression of demonstrations. The OHCHR also documented the killing of an 18-year-old fisherman from Toas Island, Zulia State, who was allegedly shot by Coast Guard officers on July 16 in a protest regarding access to fuel.

The OHCHR documented the detention of 34 persons in the context of protests and was informed of dozens of protesters who went into hiding or left the country due to fear of reprisals.

On July 21, Ada Macuare and Jhoana Paredes, nurses at the Ali Romero Hospital, were detained by police officers in Barcelona, Anzoategui State, after protesting for better working conditions, wages, and COVID-19 precautions. Paredes was released, but the state brought charges of terrorism and incitement to hatred against Macuare. Macuare was released in August without charges but with a requirement to report to court every 30 days.

On October 4, two members of the Tachira state police were sentenced to 27 and 21 years in prison, respectively, for the 2019 shooting of protester Rufo Chacon, blinding Chacon as he demonstrated in the city of San Cristobal for access to cooking gas.

Freedom of Association

The constitution provides for freedom of association and freedom from political discrimination, but the Maduro regime did not respect these rights. Although professional and academic associations generally operated without interference, a number of associations complained that the TSJ and the National Electoral Council (CNE), which is responsible for convoking all elections and establishing electoral dates and procedures, interfered with their attempts to hold internal elections.

According to Aula Abierta, 73 percent of university teacher association group boards had expired, but registration obstacles imposed by proregime actors at the CNE prevented them from electing new board members.

The Maduro regime created the Association of Bolivarian Rectors to supplant the Venezuelan Association of University Rectors to exercise greater control over nonautonomous universities. Likewise, in the student sphere, the regime promoted the National Federation of Students as a parallel creation to the Federation of University Centers, and in the administrative sphere, the regime developed the Federation of University Workers of Venezuela to supplant the Federation of Teachers Associations University.

Section 3. Freedom to Participate in the Political Process

The 1999 constitution provides citizens the ability to change their government through free and fair elections, but Maduro regime interference, electoral irregularities, unconstitutional appointments of electors, and harassment and manipulation of voters and candidates restricted the exercise of this right in the 2018 presidential and municipal elections, the 2020 legislative elections, and the November 21 regional elections for governor, mayor, and state and local officials. The regime continued to arbitrarily ban key opposition figures from participating, maintained hundreds of political prisoners, utilized judicial processes to steal the legal personages of political parties, and denied opposition political representatives equal access to media coverage and freedom of movement in the country.

Elections and Political Participation

Recent Elections: Nicolas Maduro’s illegitimate second term as president began on January 10, 2019, following flawed presidential elections in 2018, which were widely condemned by the political opposition and international observers as fraudulent and constitutionally invalid. On January 23, 2019, legitimate National Assembly president Juan Guaido invoked Article 233 of the constitution, which calls on the National Assembly president to assume the role of interim president in the event of presidential vacancy.

In December 2020 the Maduro regime conducted fraudulent legislative elections that failed to meet any minimum standard of credibility. The regime usurped the TSJ’s legislative powers and illegally appointed members to the CNE; hijacked political parties through the theft of their brand name, assets, and ballot logos, including those from the left that challenged the regime’s control of Chavez’s political legacy; prohibited many political opponents of the regime from running for office and stripped them of their political rights; kidnapped, exiled, and tortured opposition politicians; suppressed indigenous political representation; and arbitrarily increased the number of seats in the National Assembly from 167 to 277. Consequently, electoral and constitutional experts, most independent political parties, and civil society organizations rejected the process. Despite international nonrecognition of the electoral results, the new assembly was sworn in on January 5, and Jorge Rodriguez elected president of the body.

The interim government utilized a provision in the constitution to hold a public referendum, the Consulta Popular, in December 2020. The referendum questions focused on rejecting the Maduro regime’s December 6 farce election and restoring democracy through free and fair presidential and legislative elections. Participation was open to both citizens in the country and abroad, who could vote via a secure online platform. In-person voting was also available within the country.

Additionally, the National Assembly elected in 2015 (AN-2015) reformed the Statute for the Transition to allow a smaller body called the Delegate Commission to assume the legislative competences beyond the expiration of its constitutional period in January 2021. A group of opposition deputies from different political parties did not support the decision and ended their mandate on January 5. The Delegate Commission continued to hold Ordinary Session throughout the year, led by Interim President Juan Guaido.

On February 9, the illegitimate National Assembly elected the members of the Nominations Committee, starting the process stipulated in the constitution to elect CNE members. After three months the process resulted in the appointment of 15 new rectors (council members) – five main rectors and 10 assistants. With participation of the civil society group Foro Civico, which engaged in discussions with members of the Maduro regime, the illegitimate assembly appointed five opposition-linked rectors. Of those, two were main and the other three assistant. The reconstituted CNE returned the Democratic Unity Roundtable (MUD) ticket, barred in 2018, to the opposition, paving the way for the opposition to run under the MUD ticket in the November 21 regional elections. Although the appointment of two of the five principal rectors to opposition-linked candidates helped provide greater balance in the CNE, major electoral problems remained. Control of party and candidate registration remained outside the hands of legitimate political party leaders and in the hands of regime representatives, hundreds of opposition figures remained barred from running for elections, and the electoral registry remained out of date and incomplete.

Political Parties and Political Participation: Opposition political parties and PSUV dissidents operated in an increasingly restrictive atmosphere characterized by intimidation, the threat of prosecution or administrative sanction on questionable charges, and very limited mainstream media access.

The Maduro regime regularly targeted National Assembly deputies, interim government staffers, and other opposition politicians and their relatives through violence or threats of violence, arbitrary arrest, politically motivated prosecution, violation of privacy, and restrictions on movement. Multiple opposition politicians fled the country or sought refuge in diplomatic missions to avoid arbitrary detention and the possibility of torture. On February 25, FAES detained AN-2015 Popular Will (VP) deputy Gilberto Sojo, violating legal procedures for detention and holding him incommunicado for more than 96 hours. Sojo was detained until September 3 for allegedly violating the previous terms of his arrest in 2016 when he was held for two years on spurious terrorism charges. On July 12, VP deputy Freddy Guevara was detained by Maduro regime forces on false accusations of terrorism and treason related to violent clashes in the neighborhood of La Cota 905 in western Caracas. The detention was recorded live by Guevara himself. Guevara was freed one month later without judicial charge. On the same day, Interim President Juan Guaido was harassed in the parking lot of his residence by SEBIN agents. On July 13, the regime attorney general alerted that capture orders were issued against VP militants Luis Somaza, Emilio Grateron, Gilber Caro, and Hasler Iglesias. Grateron sought refuge in the Chilean embassy where he remained as of November, while Caro fled the country on August 31.

According to a March 23 OHCHR report, the Maduro regime attorney general announced 25 investigations had been opened against members of the opposition for the alleged seizure of national assets abroad. The attorney general indicated they were under investigation for crimes of usurpation of functions, corruption, aggravated embezzlement, fraudulent use of public funds, conspiracy with foreign governments, terrorism, rebellion, trafficking in weapons of war, treason, and criminal conspiracy.

In negotiations held in Mexico between the regime and political opposition figures in August-September regarding the crisis in Venezuela, the regime granted apparent flexibility to some opposition party members who were competing in or supporting the November 21 regional elections. Social Christian Party leader Roberto Enriquez, who had taken refuge in the Chilean embassy in 2017, joined the negotiations on August 12, ending his asylum. Freddy Guevara also joined the negotiations weeks after his release. Other opposition figures in exile returned to the country as well, including AN-2015 deputies Americo De Grazia (former Radical Cause member) and Justice First party members Jose Manuel Olivares and Tomas Guanipa, all running for office. Other exiled returnees included Enzo Scarano (Clean Accounts) and Ramon Martinez.

Despite these changes, the Maduro regime continued to hold hundreds of individuals in prison on politically motivated charges and prevented hundreds of opposition candidates from exercising their full rights to run for office. On September 26, Bolivarian National Guard forces temporarily detained Caroni (Bolivar State) mayoral candidate Carlos Chancellor as he was campaigning; they released him three hours later without explanation or charges.

In November the regime allowed some political opponents to participate in the elections for governors, mayors, and regional and local officials, but it did not allow for conditions that would permit free and fair conditions for true competition. Civil society organizations noted the elections were marred by credible reports of election irregularities and violations of election law and that the regime had stifled the possibility of a fair competition through pre-election manipulation to include arbitrary arrests and harassment of political and civil society actors, criminalization of opposition parties’ activities, bans on candidates across the political spectrum, manipulation of voter registration rolls, and persistent media censorship.

Participation of Women and Members of Minority Groups: No law limits participation of women or members of minority groups in the political process, and they did participate.

On July 29, the CNE published the Norms on Gender Parity for Alternative Nominations for political parties during regional and municipal elections.  According to the norms, the political parties must present a list of candidates with a 50-50 percent gender parity both in their principal candidates’ nominations and their alternates.

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