While Venezuela is legally a multiparty, constitutional republic, the illegitimate authoritarian regime led by Nicolas Maduro usurped control over the executive, judicial, citizens’ power (which includes the prosecutor general and ombudsman), and electoral branches of government, and stood up a parallel, illegitimate legislative body alongside the existing elected one. On January 10, 2019, Maduro’s constitutional term as president ended, but he refused to cede control based on his claimed “victory” in the 2018 presidential elections, which were widely condemned as neither free nor fair. On January 23, 2019, Juan Guaido, as president of the National Assembly, assumed the role of interim president pursuant to the provisions of the constitution related to vacancies. Maduro, with the backing of Cuban security force members, refused to cede control over the instruments of state power, preventing interim president Guaido from exercising authority within the country despite his constitutional mandate. On December 6, the illegitimate Maduro regime organized parliamentary elections that were rigged in favor of the regime, and nearly 60 countries and international bodies publicly declared the elections were neither free nor fair.
Civilian authorities’ control over the security forces declined and was deeply politicized. Increasingly unpopular with Venezuelans, the illegitimate Maduro regime depended on civilian and military intelligence services, and to a lesser extent, progovernment armed gangs known as colectivos, to neutralize political opposition and subdue the population. The National Guard–a branch of the military that reports to the Ministry of Defense and the Ministry of Interior, Justice, and Peace–is responsible for maintaining public order, guarding the exterior of key government installations and prisons, conducting counternarcotics operations, monitoring borders, and providing law enforcement in remote areas. The Ministry of Interior, Justice, and Peace controls the National Scientific Criminal and Investigative Corps, which conducts most criminal investigations, and the Bolivarian National Intelligence Service, which collects intelligence within the country and abroad and is responsible for investigating cases of corruption, subversion, and arms trafficking. Police include municipal, state, and national police forces. Mayors and governors oversee municipal and state police forces. The Venezuelan National Police reports to the Ministry of Interior, Justice, and Peace. According to its website, the national police largely focused on policing Caracas’ Libertador municipality; patrolling Caracas-area highways, railways, and metro system; and protecting diplomatic missions. The national police maintained a minimal presence in seven of the country’s 23 states. Members of security forces committed numerous abuses, and a UN report concluded that there were reasonable grounds to believe that government authorities and security forces committed crimes against humanity.
Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings by security forces of the illegitimate Maduro regime and colectivos; forced disappearances; torture and cases of cruel, inhuman, and degrading treatment by security forces; harsh and life-threatening prison conditions; arbitrary detention by security forces; political prisoners or detainees; serious problems with the independence of the judiciary; and unlawful interference with privacy. The regime imposed serious restrictions on free expression, the press, and the internet, routinely blocking signals and interfering with the operations of, or shutting down, privately owned television, radio, and other media outlets. The regime essentially criminalized freedom of speech by declaring reporting unfavorable to its policies as libel and slander, incitement to violence, or terrorism, including accurate reporting regarding COVID-19 infection rates. The illegitimate Maduro regime used violence to repress peaceful demonstrations and freedom of assembly. The regime and its aligned groups disrupted church services, attacked churchgoers, and destroyed church property and that of other nongovernmental organizations and civil society. Citizens were unable to change their government peacefully through free and fair elections, and there were restrictions on political participation as well as intimidation, harassment, and abuse of National Assembly members, including denial of due process and parliamentary immunity. Pervasive corruption and impunity continued among all Maduro-aligned security forces and in other national and state regime offices, including at the highest levels, which the illegitimate regime made minimal efforts to eliminate. Other significant issues included trafficking in persons, including forced labor; violence against indigenous persons; and existence of the worst forms of child labor.
The illegitimate regime took no effective action to identify, investigate, prosecute, or punish officials who committed human rights abuses.