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

There were numerous reports that state police committed unlawful killings. In some cases police employed indiscriminate force. The nongovernmental organization (NGO) Brazilian Public Security Forum reported police killed 5,804 civilians in 2019, compared with 6,160 civilians in 2018. Rio de Janeiro State was responsible for 30 percent of the national total, despite representing just 8 percent of the population. Those killed included criminal suspects, civilians, and narcotics traffickers who engaged in violence against police. Accordingly, the extent of unlawful police killings was difficult to determine. The Federal Public Ministry and Federal Prosecutor’s Office investigate whether security force killings are justifiable and pursue prosecutions.

In the city of Rio de Janeiro, most deaths occurred while police were conducting operations against narcotics trafficking gangs in the more than 1,000 informal housing settlements (favelas), where an estimated 1.3 million persons lived. NGOs in Rio de Janeiro questioned whether all of the victims actually resisted arrest, as police had reported, and alleged that police often employed unnecessary force.

On May 18, 14-year-old Joao Pedro Matos Pinto sought shelter in his home in Rio de Janeiro State’s municipality of Sao Goncalo as a police helicopter circled above his neighborhood of Salgueiro, searching for a suspect. According to the autopsy report and witness testimonies, police raided Joao Pedro’s home and shot him in the back dozens of times. During the joint operation of the Federal Police and Civil Police Coordination of Special Resources Unit, authorities said they mistook the teenager for the suspect. The Federal Public Ministry initiated a public civil inquiry to investigate the participation of federal agents in the case. In addition to the Civil Police’s Homicide Division and Internal Affairs Unit, the state and federal public prosecutor’s offices were also investigating the case. As of August no one had been indicted or arrested.

The number of deaths resulting from military and civil police operations in the state of Sao Paulo from January to April grew 31 percent, compared with the same period in 2019. The figures for the four-month period included a spike in deaths in April, with military and civil police reporting 119 officer-involved deaths in the state, a 53-percent increase from April 2019. According to the Sao Paulo state government, military police reported 218 deaths resulting from street operations from January to April.

In Santa Catarina, in the first six months of the year, police killed one person every three days. After pandemic-induced social distancing measures began on March 16, the lethality of military police interventions increased by 85 percent, according to data from the Public Security Secretariat of Santa Catarina. Victims’ families contested police accounts of self-defense, reporting extrajudicial executions and police alteration of crime scenes to match their story.

In the state of Rio Grande do Sul in June, Angolan citizen Gilberto Almeida traveled to his friend Dorildes Laurindo’s house in Cachoeirinha, a suburb of Porto Alegre. Almeida and Laurindo requested a ride through a ride-sharing app. Unbeknownst to them, the driver was a fugitive with a history of drug trafficking. Police gave chase while Almeida and Laurindo were passengers. The driver stopped the car, fled, and was arrested. Officers from the Rio Grande do Sul 17th Military Police Battalion in Gravatai fired 35 times, hitting both Almeida and Laurindo multiple times when they got out of the car. Both were taken to the hospital, where Laurindo died of her wounds. Upon discharge from the hospital, Almeida was taken to the Gravatai police station and then to Canoas State Penitentiary for 12 days before being released by court order.

As of August, Rio de Janeiro’s Public Prosecutor’s Office continued investigating the case of a 2019 operation by two military police units–BOPE and the Battalion to Repress Conflicts (CHOQUE)–in the Santa Teresa neighborhood of the city of Rio de Janeiro. The operation resulted in the deaths of 15 persons. Military police reported all of the victims were criminals; however, human rights organizations claimed the victims offered no resistance and that many were shot in the back. An investigation by Rio de Janeiro’s military police concluded that evidence was insufficient to prove that any crimes were committed. In November 2019 the Civil Police Homicide Division recommended that the case be closed and that none of the investigated police officers be held accountable for the killings.

According to some civil society organizations, victims of police violence throughout the country were overwhelmingly young Afro-Brazilian men. The Brazilian Public Security Forum reported that almost 75 percent of the persons killed by police in 2019 were black. As of August a trial date had not been set for the army soldiers from Deodoro’s (a neighborhood located in western Rio de Janeiro City) 1st Infantry Motorized Battalion, who killed black musician Evaldo Rosa dos Santos and injured two others in April 2019. Nine of the accused were released on bail in May 2019. According to a survey of cases between 2015 and 2017 at the Superior Military Court involving military personnel, 70 percent were either dismissed or resulted in no punishment.

Verbal and physical attacks on politicians and candidates were common. A survey from NGOs Terra de Direitos and Justica Global found 327 cases of political violence, including murder, threats, physical violence, and arrests of politicians or candidates between 2016 and September 2020. A majority of the violence–92 percent–targeted politicians and candidates at the municipal level. As of September 1, at least two candidate or incumbent city councilors, elected mayors or vice mayors, were killed each month of the year. In 63 percent of the cases, authorities had not identified any suspects. In September, Federal Deputy Taliria Petrone appealed to the United Nations for protection from multiple death threats she had received, saying Rio de Janeiro State and the federal government were failing to offer appropriate protections.

According to the aforementioned survey, as of September 1, a total of 27 politicians and candidates had been killed or attacked, and a record 32 killings of politicians and candidates in 2019. In Rio de Janeiro State alone, nine sitting and former politicians were killed in 2019. In March police arrested two former police officers, Ronnie Lessa and Elcio Vieira de Queiroz, in connection with the 2018 killing of a gay, black, Rio de Janeiro city council member and human rights activist, Marielle Franco, and her driver. A preliminary trial began in June 2019 at the Fourth Criminal Court in Rio de Janeiro. As of August police had not identified who ordered the crime, and no trial date had been set for the two accused.

The NGO Global Witness reported 23 social, human rights, and environmental activists were killed in 2019, leading it to classify the country as “extremely lethal” for activists. In March media reported that police officers from the Ninth Military Police Battalion of Uberlandia, Minas Gerais, killed human rights and land rights activist Daniquel Oliveira with a shot to the back of his head. Oliveira was a leader of the Landless Workers Movement. According to police, Oliveira shot at the officers, and they returned fire to defend themselves. According to other Landless Workers Movement activists, Oliveira was unarmed. Police initiated an internal investigation, and the Public Ministry of Minas Gerais interviewed witnesses regarding the killing.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits torture and inhuman or degrading treatment, but there were reports government officials sometimes employed such practices. The law mandates that special police courts exercise jurisdiction over state military police except those charged with “willful crimes against life,” primarily homicide. Impunity for security forces was a problem. Police personnel often were responsible for investigating charges of torture and excessive force carried out by fellow officers. Delays in the special military police courts allowed many cases to expire due to statutes of limitations.

According to the National Council of the Public Ministry, in 2019 there were 2,676 cases of guards and other personnel inflicting bodily harm on prisoners, compared with 3,261 cases in 2018.

In May residents of the Favela do Acari in the city of Rio de Janeiro reported that Iago Cesar dos Reis Gonzaga was tortured and killed during an operation in the community led by CHOQUE and BOPE. The victim’s family corroborated the residents’ report, saying that unidentified police officers tortured, abducted, and killed Iago. The 39th Police Precinct in Pavuna was investigating the case.

On July 12, a television channel broadcasted mobile phone video recordings of a police officer from the 50th Sao Paulo Metropolitan Military Police Battalion holding a black woman on the ground by stepping on her neck. The video was filmed in May in Sao Paulo during a public disturbance call. The woman sustained a fractured leg injury during the incident, and the two officers involved were suspended from duty and were under investigation for misconduct. The police officer who held the woman on the ground was indicted for abuse of authority.

There were reports of sexual assault committed by police. According to Globo news outlet, in August security cameras showed a Rio de Janeiro State military police officer inside the building of the victim who accused him of rape. The victim reported that the officer had been in the building a week before the incident responding to a domestic disturbance call. The officer returned to her building, identifying himself to the doorman as the one who had responded to the earlier call and saying that he needed to talk with the victim. The doormen allowed him to enter the building, and according to the victim, the officer entered her apartment and raped her. The state military police were investigating the case. The officer was suspended from field duties.

In January a military court provisionally released the two military police officers from the 37th and 40th Sao Paulo Metropolitan Military Police Battalions suspected of raping a woman in Praia Grande, Sao Paulo, in June 2019. As of August 10, no verdict had been issued. The two officers were not allowed to resume duties in the field.

In March the Military Prosecutor’s Office opened an investigation into the torture accusations against federal military officers from Vila Military’s First Army Division, but as of August no officer had been charged. In 2018 the press reported claims that the officers tortured 10 male residents of Rio de Janeiro. As of March all 10 men had been released after one year and four months in detention.

In July, four military police officers from the Itajai Military Police Battalion were convicted of torture and received sentences ranging from three to 10 years, in an operation that took place in 2011 in Itajai, Santa Catarina. The agents entered a house to investigate a drug trafficking complaint and attacked three suspects–two men and a woman–with punches, kicks, and electrical stun gun shots. The final report indicated officers fired 33 shots at the three suspects and three other persons, including two children.

Impunity for security forces was a problem. Police personnel often were responsible for investigating charges of torture and excessive force carried out by fellow officers, although independent investigations increased. Delays in the special military police courts allowed many cases to expire due to statutes of limitation. Local NGOs, however, argued that corruption within the judiciary, especially at the local and state levels, was a concern and alleged that impunity for crimes committed by security forces was common. According to a survey of cases involving military personnel between 2015 and 2017 at the Superior Military Court, 70 percent were either dismissed or resulted in no punishment. There was a 26-percent increase, however, in arrests of military police officers in the state of Sao Paulo between January and May, compared with the same period in 2019. Most of the 86 arrests during the year were for homicide, corruption, drug trafficking, and assault.

Prison and Detention Center Conditions

Conditions in many prisons were poor and sometimes life threatening, mainly due to overcrowding. Abuse by prison guards continued, and poor working conditions and low pay for prison guards encouraged corruption.

Physical Conditions: According to the National Penitentiary Department, as of December 2019, the average overall occupation rate in prisons was 170 percent of the designed capacity. The northern region of the country experienced the worst overcrowding, with three times more prisoners than the intended capacity. The southern state of Parana reported a shortage of 12,500 spaces for inmates in correctional facilities and provisional centers within the metropolitan area of Curitiba as a result of a 334-percent increase in the number of arrests in the first four months of the year. Much of the overcrowding was due to the imprisonment of pretrial detainees. A February survey by the news portal G1 showed that 31 percent of detainees were being held without a conviction, a drop from 36 percent in 2019.

A June report by the NGO Mechanism to Prevent Torture highlighted that prisons in all 26 states and the Federal District faced overcrowding and shortages in water (some facilities had water available for only two hours per day), personal hygiene products, and proper medical care. Prison populations endured frequent outbreaks of diseases such as tuberculosis and suffered from high rates of sexually transmitted diseases such as syphilis and HIV. Letters from detainees to the Pastoral Carceraria, a prison-monitoring NGO connected to the Catholic Church, reported a lack of guarantee of rights such as education, recreation, and contact with family and lawyers due to COVID-19 restrictions imposed by prison authorities.

Reports of abuse by prison guards continued. In March 2019 the national daily newspaper Folha de S. Paulo reported that the Sao Paulo Penitentiary Administration Secretary’s Ombudsman’s Office received 73 reports of torture in correctional facilities in the state of Sao Paulo in the first two months of 2019, of which 66 were related to the Provisional Detention Center of Osasco, in the metropolitan area of Sao Paulo. Reports mentioned long punishment in isolated cells, lack of access to health care, and psychological torture. The center was operating at 50 percent beyond designed capacity.

Police arrested one person in Fortaleza, Ceara State, who was allegedly responsible for the January 2019 prison riots that resulted in the Ministry of Justice authorizing a federal intervention taskforce to enter the state’s prisons. The National Mechanism for the Prevention and Combat of Torture investigated reports of abuse and reported in October 2019 that prison guards systematically broke prisoners’ fingers as a way to immobilize them. The National Penitentiary Department denied the findings of torture, stating prisoners were injured in the violent riots and received medical treatment.

General prison conditions were poor. There was a lack of potable water, inadequate nutrition, food contamination, rat and cockroach infestations, damp and dark cells, a lack of clothing and hygiene items, and poor sanitation. According to a March report from the Ministry of Health, prisoners were 35 times more likely to contract tuberculosis, compared with the general public. One NGO, the Rio de Janeiro Mechanism for Torture Prevention, asserted that injured inmates were denied medication and proper medical treatment.

Prisoners convicted of petty crimes frequently were held with murderers and other violent criminals. Authorities attempted to hold pretrial detainees separately from convicted prisoners, but lack of space often required placing convicted criminals in pretrial detention facilities. In many prisons, including those in the Federal District, officials attempted to separate violent offenders from other inmates and keep convicted drug traffickers in a wing apart from the rest of the prison population. Multiple sources reported adolescents were held with adults in poor and crowded conditions.

Prisons suffered from insufficient staffing and lack of control over inmates. Violence was rampant in prison facilities. According to the National Penitentiary Department, 188 prisoners were killed while in custody in 2019. In addition to poor administration of the prison system, overcrowding, the presence of gangs, and corruption contributed to violence. Media reports indicated incarcerated leaders of major criminal gangs continued to control their expanding transnational criminal enterprises from inside prisons.

Prison riots were common occurrences. In April approximately 100 minors rioted in the juvenile detention center Dom Bosco in Ilha do Governador, Rio de Janeiro City, after authorities suspended family visits due to the COVID-19 pandemic. Inmates set fire to mattresses, broke doors, and injured two guards.

Administration: State-level ombudsman offices; the National Council of Justice; the National Mechanism for the Prevention and Combat of Torture in the Ministry of Women, Family, and Human Rights; and the National Penitentiary Department in the Ministry of Justice monitored prison and detention center conditions and conducted investigations of credible allegations of mistreatment.

Due to COVID-19, Sao Paulo State penitentiaries implemented restrictive visitation policies. Beginning in March visits to inmates in the states of Santa Catarina and Rio Grande do Sul were suspended. In April, Santa Catarina implemented virtual visits. In Rio Grande do Sul, almost 3,000 inmates belonging to high-risk groups for COVID-19 were released from prison to house arrest and electronic monitoring.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers. Prisoners and detainees had access to visitors; however, human rights observers reported some visitors complained of screening procedures that at times included invasive and unsanitary physical exams.

Improvements: Ceara State prison officials took steps to reduce overcrowding by building new prisons, including a maximum-security prison inaugurated in February, reforming existing prisons to accommodate 5,000 more prisoners, and maximizing the use of parole programs. The state banned cell phones and televisions in prisons, increased the use of videoconferences so that prisoners had access to lawyers, and provided expanded access to educational courses.

In October a new law established Santa Catarina State’s policy for the rehabilitation of formerly incarcerated persons. The law guarantees support and promotes social inclusion for formerly incarcerated persons, assists them in entering the labor market, develops educational and professional qualification programs, and provides incentives to companies that provide jobs to this vulnerable population.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and limits arrests to those caught in the act of committing a crime or called for by order of a judicial authority; however, police at times did not respect this prohibition. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed this provision.

Arrest Procedures and Treatment of Detainees

Officials must advise persons of their rights at the time of arrest or before taking them into custody for interrogation. The law prohibits use of force during an arrest unless the suspect attempts to escape or resists arrest. According to human rights observers, some detainees complained of physical abuse while being taken into police custody.

Authorities generally respected the constitutional right to a prompt judicial determination of the legality of detention. The law permits provisional detention for up to five days under specified conditions during an investigation, but a judge may extend this period. A judge may also order temporary detention for an additional five days for processing. Preventive detention for an initial period of 15 days is permitted if police suspect a detainee may flee the area. Defendants arrested in the act of committing a crime must be charged within 30 days of arrest. Other defendants must be charged within 45 days, although this period may be extended. In cases involving heinous crimes, torture, drug trafficking, and terrorism, pretrial detention could last 30 days with the option to extend for an additional 30 days. Often the period for charging defendants had to be extended because of court backlogs. The law does not provide for a maximum period of pretrial detention, which is decided on a case-by-case basis. Bail was available for most crimes, and defendants facing charges for all but the most serious crimes have the right to a bail hearing. Prison authorities generally allowed detainees prompt access to a lawyer. Indigent detainees have the right to a lawyer provided by the state. Detainees had prompt access to family members. If detainees are convicted, time in detention before trial is subtracted from their sentences.

Arbitrary Arrest: On September 2, civil police officers from the Rio de Janeiro 76th Police Station arrested Luiz Carlos da Costa Justino for a 2017 car theft. According to police, the robbery victim identified Justino from a photograph lineup in the police station. According to media outlets, Justino, who was an adolescent at the time of the robbery, did not have a criminal record and therefore police should not have had access to any photographs of him. Video evidence showed that at the time of the crime, Justino, an Afro-Brazilian musician with the Grota String Orchestra in Niteroi, was performing in an event at a bakery located four miles from the crime scene. Justino was released after five days. As of October the public prosecutor’s office of Rio de Janeiro was reviewing Justino’s petition for revocation of the arrest.

Pretrial Detention: According to the Ministry of Justice’s National Penitentiary Department, 30 percent of prisoners nationwide were in pretrial detention. A study conducted by the National Penitentiary Department in 2018 found more than half of pretrial detainees in 17 states had been held in pretrial detention for more than 90 days. The study found that 100 percent of pretrial detainees in Sergipe State, 91 percent in Alagoas State, 84 percent in Parana State, and 74 percent in Amazonas State had been held for more than 90 days.

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality. Local NGOs, however, argued that corruption within the judiciary, especially at the local and state levels, was a concern and alleged that impunity for crimes committed by security forces was common.

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right, although NGOs reported that in some rural regions–especially in cases involving land-rights activists–police, prosecutors, and the judiciary were perceived to be more susceptible to external influences, including fear of reprisals. Investigations, prosecutions, and trials in these cases often were delayed.

After an arrest a judge reviews the case, determines whether it should proceed, and assigns the case to a state prosecutor, who decides whether to issue an indictment. Juries hear cases involving capital crimes; judges try those accused of lesser crimes. Defendants enjoy a presumption of innocence and have the right to be present at their trial, to be promptly informed of charges, not to be compelled to testify or confess guilt, to confront and question adverse witnesses, to present their own witnesses and evidence, and to appeal verdicts. Defendants generally had adequate time and facilities to prepare a defense but do not have the right to free assistance of an interpreter.

Although the law requires trials be held within a set time, there were millions of backlogged cases at state, federal, and appellate courts, and cases often took many years to be concluded. To reduce the backlog, state and federal courts frequently dismissed old cases without a hearing. While the law provides for the right to counsel, the Ministry of Public Security stated many prisoners could not afford an attorney. The court must furnish a public defender or private attorney at public expense in such cases, but staffing deficits persisted in all states.

There were no reports of political prisoners or detainees.

Citizens may submit lawsuits before the courts for human rights violations. While the justice system provides for an independent civil judiciary, courts were burdened with backlogs and sometimes subject to corruption, political influence, and indirect intimidation. Cases involving violations of an individual’s human rights may be submitted through petitions by individuals or organizations to the Inter-American Commission on Human Rights, which in turn may submit the case to the Inter-American Court of Human Rights.

The government has no laws or mechanisms in place for, and NGOs and advocacy groups reported that the government had not made progress on, resolution of Holocaust-era claims, including for foreign citizens. Brazil endorsed the Terezin Declaration in 2009 and the Guidelines and Best Practices in 2010. Persons in the federal government, the Israeli diplomatic mission to Brazil, civil society organizations, and synagogues were unaware of any laws codifying the return of Holocaust-era property to victims. Representatives of the Uniao Brasileiro-Israelita do Bem Estar Social (UNIBES), a nonprofit organization operating in Sao Paulo for more than 95 years, worked with survivors based in the country pursuing claims, but usually those claims were done privately without advocacy or assistance from the government. UNIBES representatives said governmental assistance was primarily of a consular nature, provided to survivors pursuing claims while in Europe.

For additional information, the Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, can be found at https://www.state.gov/reports/just-act-report-to-congress/.

Although the law and constitution prohibit warrantless searches, NGOs reported police occasionally conducted searches without warrants. Human rights groups, other NGOs, and media reported incidents of excessive police searches in poor neighborhoods. During these operations police stopped and questioned persons and searched cars and residences without warrants.

The Ministry of Justice’s Secretariat of Integrated Operations (SEOPI) provided information on individuals identified as antifascists to other law enforcement agencies. The press leaked a SEOPI dossier with the names, photographs, and social media activity of at least 579 individuals nationwide, including police officers, university professors, and former secretaries of public security and human rights. On August 3, the Minister of Justice fired the head of SEOPI and initiated an internal investigation into the matter. On August 20, the Supreme Court determined the monitoring had been illegal.

In October the president signed a decree compelling all federal bodies to share most of the data they hold on citizens, from health records to biometric information, and consolidate it into a single database. Officials argued this would consolidate information and facilitate citizen’s access to government services. There was no debate or public consultations before the decree was signed, and critics warned that the concentration of data could be used to violate personal privacy and other civil liberties. The database was to include biographic information, health information, and biometric data, such as facial profiles, voice, iris and retina scans, and prints of digits and palms.

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

On June 24, police killed Hansel Hernandez Galiano, an unarmed Afro-Cuban man, in Havana. State media initially refused to acknowledge the case, but news circulated quickly across social media. On June 25, the supposedly independent but in fact state-controlled blog Guerrero Cubano issued a detailed story about how Hansel was killed. Other official media outlets followed suit the morning of June 27 when the Ministry of Interior issued a press release with the same account of events related by Guerrero Cubano that was reprinted across official state media.

The official version of Hernandez Galiano’s death was that in the course of a regular patrol, two members of the National Revolutionary Police discovered and chased a suspected thief. Official media stated the suspect ran from police but then confronted them and threw large rocks, some of which hit the officers. The government stated that as the suspect was throwing rocks, one officer fired two warning shots and then a final killing shot. The press release concluded by lamenting Hansel’s death but denigrated his character, claiming Hansel had been found guilty of threatening persons, “lascivious abuse,” and robbery with violence, for which he served a prison term and was on probation.

Outside observers identified a number of reasons to doubt the accuracy of the government’s account. Photographs of the body circulated on social media by Hernandez Galiano’s family members showed a single bullet wound, entering via Hansel’s back and emerging from his chest, indicating he was running from the officers, not actively confronting them. The photographs also showed bruising to his face and sutures closing a cut to the head (possibly post mortem). Members of his family said his body was reportedly quickly cremated, after pressure from the government. Activists criticized the press release’s emphasis on Hansel’s alleged criminal record, with one lawyer saying it “demonstrates their desire to treat him as a defendant and not as a victim.” Authorities stated they would investigate the death but as of December had not publicly released results of an investigation.

At least eight prisoners died in custody in a variety of suspicious circumstances. Roberto Jimenez del Sol, a manager in an army-owned shoe store, died in military custody after spending one month in solitary confinement as part of an investigation into missing funds. Although authorities told his family he died of natural causes, his body displayed signs of abuse. The nongovernmental organization (NGO) Cuba Archive documented at least six other prisoners who died in suspicious circumstances. None of these deaths was reported by official media.

b. Disappearance

There were confirmed reports of long-term disappearances by or on behalf of government authorities. There were multiple reports of detained activists whose whereabouts were unknown for days or weeks because the government did not register these detentions, many of which occurred at unregistered sites.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

There were recurring reports that members of the security forces and their agents harassed, intimidated, and physically assaulted human rights and prodemocracy advocates, political dissidents, and peaceful demonstrators, and that they did so with impunity. Some detainees and prisoners endured physical abuse by prison officials or other inmates at the instigation of guards. Although the law prohibits coercion during investigative interrogations, police and security forces at times used aggressive and physically abusive tactics, threats, and harassment during questioning. Detainees reported officers intimidated them with threats of long-term detention, loss of child-custody rights, denial of permission to depart the country, and other punishments.

State security officials frequently deployed to countries such as Venezuela and Nicaragua, where they trained and supported other organizations in their use of repressive tactics and human rights abuses and sometimes participated in the abuses directly. For instance, Cuban security force members were embedded in the Maduro regime’s security and intelligence services in Venezuela and were instrumental in transforming Venezuela’s Directorate General of Military Counterintelligence (DGCIM) from a small organization focused on external threats to a much larger organization focused on surveilling Venezuelans and suppressing dissent. UN reports accused the DGCIM of torture, and many former Venezuelan prisoners said that Cubans, identified by their distinctive accents, supervised while DGCIM personnel tortured prisoners.

A December 2019 report from the Casla Institute, a Czech Republic-based NGO focused on governance in Latin America, stated the Cuban ambassador in Venezuela was personally involved in organizing this training. The Casla Institute report also stated, “Cubans constantly instruct members of the FANB [Venezuelan armed forces] and intelligence in techniques of repression, intimidation, and monitoring, so that they carry out investigation work and spy on their own colleagues and their families and political and social leaders, and directly intervene in social unrest.”

Impunity was pervasive. There were no known cases of prosecution of government officials for any human rights abuses, including torture and other cruel, inhuman, or degrading treatment or punishment.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening. There were reports that prison officials assaulted prisoners. Prisons were overcrowded, and facilities, sanitation, and medical care were deficient.

The government did not publish official statistics on its prisons. In January, citing information from two senior Ministry of Interior officials, the Spain-based NGO Cuban Prisoners Defenders claimed more than 90,000 persons were in prison, with another 37,000 in other forms of custody such as labor camps, house arrest, or conditional parole.

Physical Conditions: The government provided no information regarding the number, location, or capacity of detention centers, including prisons, work camps, and other kinds of detention facilities. Cuban Prisoners Defenders claimed the government had more than 200 such facilities.

Prison and detention cells reportedly lacked adequate water, sanitation, light, ventilation, and temperature control. Although the government provided some food and medical care, many prisoners relied on their families to provide food and other basic supplies. Potable water was often unavailable. Prison cells were overcrowded. Women reported lack of access to feminine hygiene products and inadequate prenatal care.

In June political prisoner Walfrido Rodriguez Piloto told independent outlet CubaNet he was denied medical care in El Arco del Chico prison camp in Havana’s La Lisa municipality, where he said prisoners were fed less than two ounces of food per day. He said, “This is a concentration camp; I have been here for six days with nephritic colic and without any medical attention. Between the mosquitoes [which carry dengue], the bed bugs, and hunger, I’m going to die here.” He also complained that he was mistreated by fellow prisoners who did “the dirty work” of authorities in exchange for benefits.

Prisoners, family members, and NGOs reported inadequate health care in prisons, which led to or aggravated multiple maladies. Prisoners reported outbreaks of COVID-19, dengue fever, tuberculosis, hepatitis, and cholera. There were reports of prisoner deaths following official indifference to treatable medical conditions such as asthma, HIV, AIDS, and other chronic medical conditions as well as from suicide. Authorities rarely if ever supplied medicine. In May a member of the opposition group Eastern Democratic Alliance posted on Facebook that one of their members, Sandi Fernandez Ortiz, died in Mar Verde Prison in Santiago de Cuba of sepsis due to poor medical care.

Political prisoners were held jointly with the general prison population. Political prisoners who refused to wear standard prison uniforms were denied certain privileges, such as access to prison libraries, reductions in the severity of their sentence, or transfer from a maximum-security to a medium-security prison.

There were credible reports that prison officials assaulted inmates. Political prisoners also reported that fellow inmates, acting on orders from or with the permission of prison authorities, threatened, beat, intimidated, and harassed them.

In July the Inter-American Commission on Human Rights (IACHR) issued a resolution granting precautionary protection measures to Silverio Portal Contreras, who was arrested and beaten in March 2018 following a protest against unsafe housing in Havana. The IACHR resolution detailed complaints made on behalf of Contreras, including reports that following his July 2018 sentencing, prison authorities severely beat Portal on multiple occasions and placed him in an isolation cell, that he was losing his eyesight because of the beatings, that he was denied medical attention for his multiple chronic medical conditions, and that he was prohibited from contacting his family. In determining the gravity of risk to Portal, the IACHR cited the context faced by human rights defenders in Cuba, which it described as “generally characterized by a climate of hostility, abuse, and harassment, particularly with respect to those who have manifested opposition to the government.” On December 1, Portal was released in poor health.

Prisoners reported solitary confinement was a common punishment for failure to comply with prison regulations, and some prisoners were isolated for months at a time. Some prisoners were held incommunicado, without being able to contact friends or family until they were released.

The government subjected prisoners who criticized the government or engaged in hunger strikes and other forms of protest to extended solitary confinement, assaults, restrictions on family visits, and denial of medical care.

Administration: There were reports that prison officials assaulted prisoners, but authorities did not investigate credible allegations of mistreatment. Prisoners reported government officials refused to accept or respond to complaints.

Prisoners and pretrial detainees had access to visitors, although several political prisoners’ relatives reported prison officials arbitrarily canceled scheduled visits or denied visits altogether.

Authorities allowed prisoners to practice their religion, but there were isolated reports authorities did not inform inmates of their right to religious services, delayed months before responding to such requests, and limited visits by clergy to a maximum of two or three times per year.

Independent Monitoring: The government did not permit independent international or domestic human rights groups to monitor prison conditions, and it denied access to detainees by international humanitarian organizations. Although the government pledged in previous years to allow a visit by the UN special rapporteur on torture and other cruel, inhuman, and degrading treatment or punishment, no visit occurred during the year.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Although the 2019 constitution adds explicit protections of freedom and human rights, including habeas corpus, authorities did not observe them, nor did the courts enforce them. The government denied a habeas corpus motion on behalf of political prisoner Jose Daniel Ferrer (see section 1.e., Political Prisoners and Detainees), the only time it was known to have been filed.

Arbitrary arrests and short-term detentions increased and became a routine government method for controlling independent public expression and political activity. The government frequently detained activists arbitrarily without informing them of any charges against them and often denied them the ability to communicate with their relatives.

The government broadened arbitrary arrest powers under the pretext of controlling the COVID-19 pandemic. In December the NGO Human Rights Watch released a report documenting 34 cases in which authorities invoked rules concerning the COVID-19 pandemic to target government critics and others. Documented cases included Keilylli de la Mora Valle, a member of the Patriotic Union of Cuba (UNPACU) political group, who was arrested on April 12 for lowering her mask to smoke a cigarette on the street. She was sentenced to 18 months in prison after protesting her treatment by police. In another incident, on November 26, authorities claiming to be medical personnel entered San Isidro Movement headquarters on the pretext of requiring a COVID-19 test of journalist Carlos Manuel Alvarez who had arrived earlier in the year. They were followed by police wearing medical gowns, who proceeded to arrest the protesters, several of whom later stated they were beaten during the arrests. Officers told the dissidents that a criminal complaint had been filed against them for “spreading an epidemic.”

The law requires that police furnish suspects a signed “report of detention,” noting the basis, date, and location of any detention in a police facility and a registry of personal items seized during a police search. Authorities routinely ignored this requirement. Police routinely stopped and questioned citizens, requested identification, and carried out search-and-seizure operations directed at known activists. Police used legal provisions against public disorder, contempt, lack of respect, aggression, and failure to pay minimal or arbitrary fines as ways to detain, threaten, and arrest civil society activists. Police routinely conducted short-term detentions in order to interfere with individuals’ rights to freedom of assembly and freedom of expression, and at times assaulted detainees.

Police and security officials used short-term and sometimes violent detentions to prevent independent political activity and free assembly. Such detentions generally lasted from several hours to several days.

The law allows for “preventive detention” for up to four years of individuals not charged with an actual crime, based on a subjective determination of “precriminal dangerousness,” which is defined as the “special proclivity of a person to commit crimes, demonstrated by conduct in manifest contradiction of socialist norms.” Mostly used as a tool to control “antisocial” behaviors such as substance abuse or prostitution, authorities also used such detentions to silence peaceful political opponents. Several of the more than 100 individuals considered to be political prisoners by domestic and international human rights organizations were imprisoned under the “precriminal dangerousness” provision of the law.

Arrest Procedures and Treatment of Detainees

Under criminal procedures, police have 24 hours after an arrest to present a criminal complaint to an investigative police official. Investigative police have 72 hours to investigate and prepare a report for the prosecutor, who in turn has 72 hours to recommend to the appropriate court whether to open a criminal investigation.

Within the initial 168-hour detention period, by law detainees must be informed of the basis for the arrest and criminal investigation and have access to legal representation. Those charged may be released on bail, placed in home detention, or held in continued investigative detention. Once the accused has an attorney, the defense has five days to respond to the prosecution’s charges, after which a court date usually is set. Prosecutors may demand summary trials “in extraordinary circumstances” and in cases involving crimes against state security. After the COVID-19 pandemic started to spread in February, the Ministry of Justice regularly invoked “extraordinary circumstances” in order to conduct summary trials.

There were reports that defendants met with their attorneys for the first time only minutes before their trials and were not informed of the basis for their arrest within the required 168-hour period. In the case of summary trials for persons accused of “propagating an epidemic” for allegedly violating COVID-19 restrictions, accused persons were tried and sentenced without representation from legal counsel or the opportunity to present any defense.

Reports suggested bail was available, although bail was typically not granted to persons arrested for political activities. Time in detention before trial counted toward time served if convicted.

Detainees may be interrogated at any time during detention and have no right to request the presence of counsel during interrogation. Detainees have the right to remain silent, but officials do not have a legal obligation to inform them of that right.

By law investigators must complete criminal investigations within 60 days. Prosecutors may grant investigators two 60-day extensions upon request, for a total of 180 days of investigative time. The supervising court may waive this deadline in “extraordinary circumstances” and upon special request by the prosecutor. In the case of the “extraordinary circumstances” waiver, no additional legal requirement exists to complete an investigation and file criminal charges, and therefore authorities may detain a person without charge indefinitely.

Arbitrary Arrest: Officials often disregarded legal procedures governing arrest. They detained suspects longer than the legally mandated period without informing them of the nature of the arrest, without allowing them to contact family members, and without making legal counsel available to them. Police and security officials continued to use short-term and sometimes violent detentions to prevent independent political activity and free assembly. Such detentions generally lasted from several hours to several days. After being taken into custody, these suspects were typically fined and released. The record of the fines frequently lacked information about the law that was broken or the name of the official responsible for the fine, making the fines difficult to contest in court. Sometimes fines formed the basis for preventing persons from leaving the country.

In connection with a planned yearly march on September 8, several activists from UNPACU were arbitrarily detained on September 7. On September 8, immediately after leaving his house with several supporters, UNPACU leader Jose Daniel Ferrer and other supporters were arrested (see also section 2.b., Freedom of Peaceful Assembly). Human rights NGOs reported at least 70 arrests and arbitrary detentions linked to the September 8 “Sunflower Revolution,” a call for nonviolent protests against the regime.

Pretrial Detention: The government held some detainees for months or years in investigative detention, in both political and nonpolitical cases. In nonpolitical cases, delays were often due to bureaucratic inefficiencies and a lack of checks on police. The percentage of prisoners and detainees in pretrial detention was unknown.

While the constitution recognizes the independence of the judiciary, the judiciary is directly subordinate to the National Assembly and the Cuban Communist Party (PCC), which may remove or appoint judges at any time. Political considerations thoroughly dominated the judiciary, and there was no separation of powers between the judicial system, the PCC, and the Council of State.

Civilian courts exist at the municipal, provincial, and national levels. Special tribunals convene behind closed doors for political (“counterrevolutionary”) cases and other cases deemed “sensitive to state security.” Military tribunals may have jurisdiction over civilians if any of the defendants are active or former members of the military, police, or another law enforcement agency. The government denied admission to trials for observers on an arbitrary basis.

The law provides for the right to a public trial, but politically motivated trials were at times held in secret, with authorities citing exceptions for crimes involving “state security” or “extraordinary circumstances.” Many trials concluded quickly and were closed to the press. In April, on the basis of the COVID-19 pandemic public health emergency, most trials were converted to summary trials, with many defendants accused of poorly defined claims of “propagating an epidemic” or a range of crimes referred to as “illicit economic activity,” such as hoarding scarce goods. According to state media, in summary trials neither prosecutors nor defense counsel need to be present, only a judge. This protocol, however, imposes a limit on the length of the sentence. If the potential sentence exceeds one year, defendants are to be assigned a lawyer. If persons hire a lawyer, they may bring one; however, few persons received legal representation.

Due process rights apply equally to citizens and foreigners, but courts regularly failed to protect or observe these rights. The law provides criminal defendants the right not to be compelled to testify or confess guilt. The law presumes defendants to be innocent until proven guilty, but authorities often ignored this, placing the burden on defendants to prove innocence.

The law requires that defendants be represented by an attorney, at public expense if necessary. Defendants’ attorneys may cross-examine government witnesses and present witnesses and evidence. Private attorneys are not licensed to practice in criminal courts, forcing defendants to rely on lawyers who work for the very government that is prosecuting them. These attorneys reportedly were often reluctant to defend individuals charged with political crimes or associated with human rights cases and in many cases did not appear to provide adequate counsel.

Criteria for admitting evidence were arbitrary and discriminatory. According to reports, prosecutors routinely introduced irrelevant or unreliable evidence to prove intent or they offered testimony about the defendant’s “revolutionary credentials,” which are demonstrations of loyalty to the PCC or lack thereof.

Defense attorneys have the right to review the investigation files of a defendant unless the charges involve “crimes against the security of the state.” In “state security” cases, defense attorneys were not allowed access to investigation files until charges were filed. Many detainees, especially political detainees, reported their attorneys had difficulties accessing case files due to administrative obstacles. Interpretation was sometimes provided during trials for non-Spanish speakers, but the government claimed limited resources prevented interpreters from always being available.

In trials where defendants are charged with “precriminal dangerousness,” the state must show only that the defendant has a “proclivity” for crime, so an actual criminal act need not have occurred. Penalties may be up to four years in prison. Authorities normally applied this provision to prostitutes, alcoholics, young persons who refused to report to work centers, repeat offenders of laws restricting change of domicile, and political activists who participated in public protests.

The law recognizes the right of appeal in municipal courts but limits the right of appeal in provincial courts to cases involving lengthy prison terms or the death penalty.

The government held political prisoners and detainees but denied it did so. It refused access to its prisons and detention centers by international humanitarian organizations and the United Nations.

The NGO Cuban Prisoners Defenders estimated there were 134 convicted political prisoners serving sentences as of December 1. Other groups reported different numbers, although figures consistently ranged near 100 or higher. The lack of governmental transparency, along with systemic abuse of due process rights, obscured the true nature of criminal charges, investigations, and prosecutions. This allowed government authorities to prosecute and sentence peaceful human rights activists for criminal violations or “precriminal dangerousness.” The government used the designation of “counterrevolutionary” for inmates deemed to be political opposition, but it did not publicize the number of these inmates. The government closely monitored organizations tracking political prisoner populations, and the organizations often faced harassment from state authorities.

Political prisoners reported the government held them in isolation for extended periods. They did not receive the same protections as other prisoners or detainees. The government frequently denied political prisoners access to home visits, prison classes, telephone calls, and, on occasion, family visits.

The justice system systematically subjected Jose Daniel Ferrer, head of UNPACU, to a wide range of abuses after he was arrested in October 2019 with several colleagues. While he was incarcerated, Ferrer was subjected to routine abuse from fellow prisoners who told him they were being rewarded with special privileges by prison authorities for beating him. During Ferrer’s detention, prison officials at times withheld food and medicine and gave Ferrer only unclean water to drink. Ferrer and his compatriots were convicted of spurious charges of lesiones (inflicting grievous bodily harm) and false imprisonment after a 13-hour trial on February 26 with numerous irregularities.

On the day of Ferrer’s trial, the Ministry of Justice tweeted that Ferrer would get a fair trial but in the same tweet called him “a common criminal” in violation of his right to the presumption of innocence. State media conducted a propaganda campaign against him before his trial that alleged Ferrer was a habitual domestic abuser (which was contradicted by past partners of his). Authorities tightly cordoned off the courthouse and did not allow international observers; most members of the audience were in fact members of the security services. Authorities allegedly attempted to intimidate several defense witnesses. The court ignored evidence (a recorded telephone conversation) from the alleged victim’s wife that suggested the injuries to the alleged victim were the result of a motorcycle accident rather than a beating. The court also ignored evidence that the victim was coerced to testify on behalf of the prosecution.

It is possible to seek judicial remedies through civil courts for violations of administrative decisions, but independent legal experts noted general procedural and bureaucratic inefficiencies often delayed or undermined the enforcement of administrative decisions and civil court orders. Civil courts, like all other courts in the country, lacked independence, impartiality, and effective procedural guarantees. No courts allowed claimants to bring lawsuits seeking remedies for human rights violations. On December 20, the National Assembly postponed approval of the Law for the Claim of Constitutional Rights before the Courts, which would have allowed for lawsuits related to rights protected in the constitution.

The constitution provides for the protection of citizens’ privacy rights in their homes and correspondence, and the law requires police to have a warrant signed by a prosecutor or magistrate before entering or conducting a search. Officials, however, did not respect these protections. Reportedly, government officials routinely and systematically monitored correspondence and communications between citizens, tracked their movements, and entered homes without legal authority and with impunity.

Security forces conducted arbitrary stops and searches, especially in urban areas and at government-controlled checkpoints at the entrances to provinces and municipalities. Authorities used dubious pretenses to enter residences where they knew activists were meeting, such as “random” inspections of utilities or spurious reports of a disturbance. Authorities also used seemingly legitimate reasons–often health-related–such as fumigating homes as part of an antimosquito campaign or door-to-door COVID-19 checks as a pretext for illegal home searches.

On November 9, musician and activist Denis Solis was arrested for “contempt” after he posted a video of himself verbally sparring with a lone police officer who entered Solis’ home without permission and refused to produce a warrant. Criminal procedure requires that officers may enter persons’ residences only with another officer present, and also requires a warrant or exigent circumstances, neither of which appeared to exist in this case. Solis, who had previously been arrested twice for protesting restrictions on freedom of expression, was sentenced to eight months in prison.

The Ministry of Interior employed a system of informants and neighborhood committees, known as Committees for the Defense of the Revolution, to monitor government opponents and report on their activities. Agents from the ministry’s General Directorate for State Security frequently subjected foreign journalists, visiting foreign officials, diplomats, academics, and businesspersons to surveillance, including electronic surveillance.

Family members of government employees who left international work missions or similar activities (such as medical missions, athletic competitions, and research presentations) without official permission at times faced government harassment or loss of employment, access to education, and other public benefits. Family members of human rights defenders, including their minor children, reportedly suffered reprisals related to the activities of their relatives. These reprisals included reduction of salary, termination of employment, denial of acceptance into university, expulsion from university, and other forms of harassment.

Arbitrary government surveillance of internet activity was pervasive and frequently resulted in criminal cases and reprisals for persons exercising their human rights. Internet users had to identify themselves and agree they would not use the internet for anything “that could be considered…damaging or harmful to public security.” User software developed by state universities gave the government access to users’ personal data and communications.

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

There were reports that the government or its agents committed arbitrary or unlawful killings.

Human rights organizations reported excessive force by security forces who were likely responsible for several of the 11 deaths reported by the comptroller during the October 2019 violent protests against the government’s economic reforms. Ministry of Government officials indicated that only eight deaths were linked to demonstrations, and they argued that the causes of death were either due to force majeure actions of police attempting to control violent crowds or accidents that did not result from direct police action. The nongovernmental organization (NGO) Regional Human Rights Advisory Foundation and other NGOs reported that as of August 17, the Attorney General’s Office had not significantly advanced investigations concerning deaths during the protests. Criminal investigations concerning the entire range of crimes committed during the several weeks of organized violence–including lootings, arson, attacks on public employees and institutions–that accompanied the political protests did not significantly advance before year’s end.

In December 2019 the Provincial Court of Imbabura overturned police officer David Velastegui’s June 2019 sentence for “overreaching in the execution of an act of service.” In 2018 Velastegui shot and killed Andres Padilla, an Afro-Ecuadorian man, during a scuffle. The court, in reversing its ruling, determined Velastegui’s life was in imminent danger, justifying use of his service weapon in self-defense. The court further found “no advance planning or intentionality in Padilla’s death,” and no “criminal responsibility in the accused, since the death did not occur as a consequence of an act of excess of duties.” Padilla’s family appealed the ruling, and a decision on the appeal was pending as of October 19.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

On August 14, after the National Court of Justice sentenced former intelligence officers Raul Chicaiza and Jessica Falcon to one year in prison for the 2012 kidnapping in Bogota, Colombia, of opposition legislator Fernando Balda, the court ruled that government officials used public funds to orchestrate Balda’s kidnapping. The court found former intelligence director Pablo Romero guilty of planning the abduction under the orders of former president Rafael Correa, who was also indicted but remained in Belgium despite extradition requests. The extradition request remained in process as of October 27.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the constitution and the law prohibit torture and similar forms of intimidation and punishment, there were reports that police officers and prison guards tortured and abused suspects and prisoners.

In two cases stemming from arrests relating to the violent October 2019 protests, victims reported to NGOs and international organizations alleged police kidnappings and torture or other forms of degrading treatment during police interrogations. Human rights activists asserted that as of August 17, officials had not investigated these claims. On January 14, the Inter-American Commission on Human Rights (IACHR) released a preliminary report from its state-sponsored October 2019 visit on reported abuses relating to the 2019 protests. Numerous detainees claimed authorities abused them through verbal threats, beatings with fists and metal truncheons, and forced physical exercises. The IACHR noted that judicial authorities in some cases did not record evidence presented by victims. Local human rights organizations reported that torture continued to occur in prisons, especially at Turi Prison in Azuay Province. On February 27, Azuay Public Prosecutor Leonardo Amoroso stated that contrary to official accounts claiming six prisoners died on February 20 in the prison by suicide, a forensic report (indicating one prisoner whose liver had burst) suggested the prisoners might have died as the result of torture, but he did not speculate who may have been responsible for the deaths. As of October 27, an inquiry request from human rights organizations to the Ombudsman’s Office on the case was pending.

On October 13, media reported a female police officer in Duran, Guayas Province, assaulted a female street vendor with a disability, who was tied to a pole, by placing her hands on the vendor’s buttocks while observers ridiculed the vendor and poured water over her head. The offending officer was dismissed from her duties the same day. On October 14, the public prosecutor launched an investigation and arrested two additional suspects involved in the incident.

The Internal Affairs Unit of the National Police investigates whether police killings are justifiable and can refer cases to the Attorney General’s Office to pursue prosecutions. An intelligence branch within the military has a role similar to the police internal affairs unit. The law states that the Attorney General’s Office must be involved in all human rights abuse investigations, including unlawful killings and forced disappearance. Although the National Police’s Internal Affairs division is designed to investigate complaints of police abuses, human rights defenders reported these units often failed to conduct investigations adequately. Activists stated follow-up on abuse claims was difficult due to high staff turnover in the Internal Affairs Unit.

Although impunity was not a significant problem in the security forces, human rights NGOs and civil society groups reported the lack of prosecutions against police officers who allegedly used excessive force against demonstrators during October 2019 protests could be interpreted as impunity. The government did not announce further actions taken to address general public concern about alleged human rights abuses during the October 2019 protests.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening due to gang violence, official corruption, food shortages, gross overcrowding, harassment by security guards against prisoners and visitors, physical and sexual abuse, and inadequate sanitary conditions and medical care.

Physical Conditions: Prisons continued to be overcrowded despite efforts to alleviate the problem. Officials reported a reduction in total prison overpopulation from 36 percent at the end of 2019 to 28 percent through June 1 by releasing 1,525 inmates between April 1 and June 1 in response to COVID-19 contagion concerns. A human rights NGO reported prison conditions were often better for female inmates due to their lower population density.

By law juveniles cannot be tried as adults, and individuals convicted as juveniles serve their full sentence in juvenile prisons. In May 2019 the daily newspaper El Comercio reported 40 percent of the population in the 11 centers for juvenile offenders were juveniles due to reach adulthood during their sentence. Human rights organizations reported no juveniles resided in adult prisons.

Media reports documented 22 violent deaths in prisons nationwide through August 20. Prison officials and human rights organizations agreed most violent deaths in prisons were linked to tension among criminal gangs with links to drug cartels. An August 3 confrontation between armed prison gangs left 11 inmates dead (including two who died from incineration) and 20 injured at Litoral Prison in Guayaquil. An August 11 gang confrontation in the Latacunga Rehabilitation Center in Cotopaxi Province maximum-security block left two inmates dead and five injured. An NGO reported criminal organizations operating within and outside of prisons intimidated prison staff while on and off duty.

On August 8, Israeli citizen Shy Dahan (incarcerated for alleged ties to corruption in acquiring medical equipment and fraudulent COVID-19 testing kits in a scheme allegedly involving former president Abdala Bucaram) was found dead in his cell in Litoral Prison. On October 1, media reported Litoral Prison director Hector Vivar was arrested for alleged involvement in a bribery scheme in which he demanded $30,000 in exchange for Dahan’s protection and safety.

On September 2, seven prisoners were sentenced to 46 total additional years in prison for the June 11 kidnapping and murder–by decapitation and incineration–of a fellow prisoner in the Eighth Rehabilitation Regional Prison in Guayas Province.

On August 11, President Moreno declared a state of emergency for the nationwide penitentiary system to address the escalation of prison violence, similar to a May 2019 declaration. The government also ordered the presence of police inside prison centers and military personnel at security perimeters and entry checkpoints of prisons. The state of emergency remained in effect as of October 27. During the state of emergency, the government reclassified and segregated inmates at facilities according to assessed threat levels.

Access to and quality of food, potable and hot water, heating, sanitation, and medical care were inadequate. Officials verified that inmates did not have safe and permanent access to healthful food. In 2018 government officials detected a deterioration of the water systems at prison facilities with noticeable difficulties in access to drinking water, especially at the Latacunga Rehabilitation Center, and these problems persisted. In some facilities health measures were sufficient only for emergency care. On June 20, national prison officials reported 699 inmate infections and 10 deaths due to COVID-19 in the national detention centers. Prisoners noted inconsistent and generally insufficient protection and isolation measures from COVID-19 infection in prisons.

An NGO reported that prison officials, including medical staff, often failed to screen adequately and segregate prisoners with mental and physical disabilities from the rest of the prison population. On June 26, President Moreno signed a decree pardoning persons with disabilities and commuting their prison sentences. Pardoned inmates were required to comply with alternative measures, including community service and appearing personally before a judge twice a month.

Administration: Authorities sometimes conducted investigations of credible allegations of mistreatment in prisons.

On March 15, President Moreno ordered the suspension of visits to inmates and curtailed recreational activities at all prison centers as a measure to prevent COVID-19 contagion. Human rights organizations continued to report that the few visitors allowed before the pandemic faced degrading treatment during check-in at prison facilities, including the removal of clothing and illumination of genitalia by flashlights while forced to jump naked. Such treatment dissuaded relatives and religious officials from visiting prisons. An NGO reported that access to inmates had been limited during the May-August 2019 emergency declaration, as inmates continued living in almost complete isolation from their relatives.

Independent Monitoring: Civil society representatives continued to report restrictions to monitoring by independent NGO observers. According to the NGO Permanent Committee (CDH) for the Defense of Human Rights, authorities failed to respond to many independent observers’ requests to visit prisons. Prison officials explained that monitoring groups’ safety could not be guaranteed, especially during the state of emergency in the penitentiary system.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but there were reports that provincial and local authorities did not always observe these provisions. According to NGOs, illegal detentions continued to occur.

Arrest Procedures and Treatment of Detainees

The law requires authorities to issue specific written arrest orders prior to detention, and a judge must charge a suspect with a specific criminal offense within 24 hours of arrest. Authorities generally observed this time limit, although in some provinces initial detention was often considerably longer. Detainees have the right to be informed of the charges against them. By law, if the initial investigation report is incriminating, the judge, upon the prosecutor’s request, may order pretrial detention. Judges at times ordered a detainee’s release pending trial with the use of ankle-monitoring bracelets.

Detainees have a constitutional right to an attorney. Those without financial means to pay for an attorney have the right to request a court-appointed attorney from the Public Defenders’ Office. Although there were many available court-appointed defenders, the number of cases and limited time to prepare for the defense continued to present a disadvantage during trials.

The law entitles detainees to prompt access to lawyers and family members, but NGOs continued to report delays depending on the circumstances and the willingness of local courts and prison guards to enforce the law.

Arbitrary Arrest: Several NGOs and international organizations reported that security forces arbitrarily detained protesters during the October 2019 violent antigovernment demonstrations. In its January 14 report, the IACHR highlighted information received indicating that “a large number of arrests were allegedly carried out arbitrarily or illegally,” underlining the comptroller’s October 2019 claim that up to 76 percent of the government’s reported 1,192 detentions during the demonstrations were arbitrary or illegal.

Pretrial Detention: Corruption and general judicial inefficiency caused trial delays. Police, prosecutors, public defenders, and judges did not receive adequate training. The length of pretrial detention did not usually exceed the maximum sentence for the alleged crime.

While the constitution provides for an independent judiciary, outside pressure and corruption impaired the judicial process. Legal experts, bar associations, and NGOs reported on the susceptibility of the judiciary to bribes for favorable decisions and faster resolution of legal cases. No updates were available through September 18 on the selection of permanent replacement of Judicial Council members after 23 of 36 evaluated judges were deemed not to have met the minimum qualification threshold in November 2019 and were replaced by temporary judges from lower courts appointed by the council.

On January 29, six former police officials convicted for “paralyzing a public service” during a 2010 police protest known as 30-S were released from prison on appeal. All of the officers declared they would seek to reintegrate into the police force. On June 29, four other former police officials sentenced to 12 years in prison in the same incident presented a revision appeal to the National Court of Justice. The appellants, after serving nearly six years in prison, were released as they awaited the court’s ruling, which was pending as of October 27.

The law provides for the right to a fair and public trial, although delays occurred frequently. The law presumes a defendant innocent until proven guilty. Defendants have the right to be informed promptly of the charges in detail. The accused have the right to consult with an attorney or to have one provided and to appeal. Defendants have the right to free assistance from an interpreter, but some defendants complained about the lack of an interpreter at court hearings. Defendants have the right to adequate time and resources to prepare their defense, although in practice this was not always the case, and delays in providing translation services made this difficult for some foreign defendants. Foreigners also often faced a language barrier with their public defenders, which impaired their ability to present a defense. Defendants have the right to be present at their trial. The accused may also present evidence and call witnesses, invoke the right against self-incrimination, and confront and cross-examine witnesses.

Judges reportedly rendered decisions more quickly or more slowly due to political pressure or fear in some cases. There were reported delays of up to one year in scheduling some trials.

Criminal justice reforms aimed at reducing congested dockets in criminal cases produced “simplified” proceedings in pretrial stages, resulting in faster resolution of cases. Prisoners reported that after cases reached a higher court, however, lengthy delays ensued in setting dates for preliminary hearings.

The regular court system tried most defendants, although some indigenous groups judged members independently under their own community rules for violations that occurred in indigenous territory, as provided under the constitution.

The court system slowed considerably due to the COVID-19 pandemic, with all courts initially moving to remote working conditions. Defendants’ counsels complained this format inhibited their ability to represent their clients adequately, and several noted that new procedural rules were inconsistently and sometimes arbitrarily applied. By June some courts had returned to in-person appearances, but judges in at-risk health or demographic categories continued to telework.

There were no reports of political prisoners or detainees.

On July 30, the National Assembly approved a resolution granting amnesty to 20 indigenous leaders charged and convicted in 2015 for kidnapping and extortion after participating in mobilizations against the former Correa administration. Aside from ordering the immediate release of four leaders still in detention, the resolution expunged all criminal records related to the charges, revoked any outstanding arrest warrants against any individuals, and removed any precautionary measures or prison alternatives that had been previously issued. Human rights organizations reported that 150 abused and detained demonstrators continued to face legal processes for the same alleged 2015 acts.

Civil courts and the Administrative Conflicts Tribunal, generally considered independent and impartial, handle lawsuits seeking damages for, or immediate ending of, human rights violations. Individuals and organizations may appeal adverse decisions domestically and to regional human rights bodies.

The law prohibits such actions, and there were no reports the government failed to respect these prohibitions.

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

There were numerous reports that the illegitimate 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 thousands of such killings during the year.

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 also 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.”

On August 20, FAES officers shot and killed journalists Andres Nieves Zacarias and Victor Torres during a raid at the headquarters of Guacamaya TV in Zulia State. Torres’ father, the director of the television station, stated FAES officers then seized all of the station’s audiovisual equipment and planted weapons on the victims’ bodies to simulate an alleged confrontation. Illegitimate regime attorney general Tarek William Saab called the homicides extrajudicial killings, and four FAES officers were arrested in connection with the killings.

The illegitimate regime attorney general reported that from 2017 to July, one officer was convicted of homicide for killings in the context of security operations. The regime did not release details on the officer’s conviction 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 its 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.

A UN Independent International Fact-Finding Mission (FFM) on Venezuela report released in September stated that extrajudicial killings were committed by officers belonging to the military, police, and intelligence services, including in more recent years by FAES and the National Scientific Criminal and Investigative Corps (CICPC) officers. The FFM asserted that some high-level authorities had knowledge of and contributed to the crimes, while others who knew or should have known of the crimes did not take measures to prevent or stop them. Victims were typically young men, targeted due to alleged criminal activity, revenge, or mistaken identity, who were shot and killed in their homes or neighborhoods. Media and NGOs reported security forces attempted to cover up extrajudicial killings by planting evidence or altering crime scenes to suggest an altercation or attempted escape by the victim. The FFM concluded there were reasonable grounds to believe that authorities and security forces planned and executed serious human rights violations, including killings, some of which amounted to crimes against humanity, since 2014. The FFM report also stated there were reasonable grounds to believe that Maduro and other regime officials either ordered, contributed to, or were involved in the commission of the crimes and human rights abuses documented in the FFM report.

b. Disappearance

The NGOs Foro Penal and Robert F. Kennedy Human Rights documented 753 enforced disappearances of political detainees between 2018 and June 2020. An OHCHR investigation found that almost all individuals detained by the Directorate General of Military Counterintelligence (DGCIM) were subjected to enforced disappearances for periods of seven to 40 days after their arrest, raising their risk of also becoming victims of torture and abuse. The illegitimate Maduro regime continued to deny requests by the UN Working Group on Enforced or Involuntary Disappearances to visit the country to conduct an investigation.

On March 10, FAES officers detained National Assembly (AN) deputy Renzo Prieto and two assistants, without a warrant for their arrest, after the three participated in a protest in support of interim president Guaido. The illegitimate Maduro regime authorities did not disclose Prieto’s location, nor did they allow any form of communication between Prieto and his family or lawyers during his detention. Prieto’s family expressed significant concern for his state of health, due to an injury that required urgent surgical care and risk of contracting COVID-19. While in regime custody, Prieto stated he was forced to sleep on the floor in a frigid, windowless, four-by-eight-foot cell with five other detainees. On August 31, Prieto was released. Prieto previously had been in regime detention from 2014 to 2018, also after participating in a protest, in what the UN Working Group on Arbitrary Detention concluded was an arbitrary arrest.

The illegitimate Maduro regime arrested AN deputy Gilber Caro in December 2019, his third detention since 2017, and did not reveal his location or permit contact with his lawyer until January 21. On August 31, he was released.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution and law prohibit such practices, there were credible reports that Maduro-aligned security forces tortured and abused detainees. According to the illegitimate Maduro regime, as of May, 26 individuals had been convicted of torturing or abusing detainees.

The regime-aligned Office of the Human Rights Ombudsman did not publish statistics regarding allegations of torture by police during the year. Several NGOs detailed cases of widespread torture and “cruel, inhuman, and degrading treatment.” Human rights groups reported the regime continued to influence the attorney general and public defenders to conduct investigations selectively and subjectively. No official data were available on investigations, prosecutions, or convictions in cases of alleged torture. The NGO Foro Penal maintained that hundreds of cases were not reported to government institutions because victims feared reprisal. The OHCHR found that in some cases doctors issued false or inaccurate medical reports not disclosing signs of torture.

Press and NGOs reported that beatings and humiliating treatment of suspects during arrests were common and involved various law enforcement agencies and the military controlled by the illegitimate Maduro regime. Torture and other cruel, inhuman, or degrading treatment or punishment of prisoners were also reported during the year. Regime-aligned authorities reportedly subjected detainees to asphyxiation, electric shock, broken bones, being hung by their limbs, and being forced to spend hours on their knees. Detainees were also subjected to cold temperatures, sensory deprivation, and sleep deprivation; remained handcuffed for extended periods of time; and received death threats to themselves and their relatives. Detainees reported regime-aligned security forces moved them from detention centers to houses and other clandestine locations where abuse took place. Cruel treatment frequently involved illegitimate regime authorities denying prisoners medical care and holding them for long periods in solitary confinement. The latter practice was most prevalent with political prisoners. NGOs detailed reports from detainees who were victims of sexual and gender-based violence by regime-aligned authorities. The FFM found that regime-aligned security forces, specifically the Bolivarian National Intelligence Service (SEBIN) and DGCIM, subjected detainees to torture and cruel, inhuman, and degrading treatment, and that high-level regime officials committed, ordered, or contributed to the abuses or were aware of their activities and failed to prevent or stop them.

Foro Penal reported multiple instances of political prisoners denied adequate medical treatment while in regime custody. Foro Penal noted instances in which regime authorities transferred detainees to a medical facility, where instead of receiving treatment, they were interrogated by security officials. PROVEA identified 574 cases of torture by regime-aligned security forces in 2019, resulting in the deaths of at least 23 individuals. NGOs reported that members of the military represented a growing number of victims of torture, such as retired naval captain Rafael Acosta Arevalo, who died of injuries sustained from torture while in regime custody in June 2019.

Political activist Vasco Da Costa, who had been detained in the Ramo Verde military prison despite being a civilian, was released in August 2019 after more than two years in regime custody. Da Costa described extended periods of torture at the hands of the DGCIM, including use of electric shocks, simulated drownings, and beatings to the feet and stomach to the point that he lost control of his bowels. According to Da Costa, prison guards systematically beat and mutilated detainees according to the detainees’ occupations, targeting the legs of soldiers, the hands of a surgeon who was arrested because he was the spouse of a soldier wanted by the regime, and in the case of Da Costa, his eyes due to his role as an academic.

Impunity was a significant problem in the security forces. Despite continued reports of police abuse and involvement in crime, particularly in the activities of illegally armed groups, including illegal and arbitrary detentions, extrajudicial killings, kidnappings, and the excessive use of force, the illegitimate Maduro regime took no effective action to investigate officials who committed human rights abuses. Corruption, inadequate police training and equipment, and insufficient central government funding, particularly for police forces in states and municipalities governed by opposition officials, reduced the effectiveness of the security forces. NGOs noted that many victims did not report violent crimes to police or other regime authorities due to fear of retribution or lack of confidence in police. The regime, backed by Cuban security force members embedded in Maduro’s security and intelligence services, refused to cede power, preventing the interim government from taking action.

Prison and Detention Center Conditions

Most prison conditions were harsh and life threatening due to gross overcrowding, food shortages, inadequate sanitary conditions and medical care, systemic violence, and poor infrastructure.

Physical Conditions: According to the NGO A Window to Liberty (UVL), prison capacity was approximately 19,000 inmates for penitentiaries and 5,000 for police station jails. Conditions were most acute in pretrial detention facilities such as police station jails. Overcrowding was 172 percent for penitentiaries and 415 percent for police station jails on average, although the NGO Venezuelan Observatory for Prisons (OVP) noted that in some jails the overcrowding ranged from 800 to 1,200 percent. Overcrowding and generally unsanitary conditions placed prisoners at increased risk of contracting respiratory diseases such as tuberculosis and COVID-19.

There were two women’s prisons, one each in the states of Miranda and Zulia. The law stipulates women in mixed prisons must be held in annexes or separate women’s blocks. A local NGO reported that male and female prisoners intermingled. Illegitimate Maduro regime security forces and law enforcement authorities often held minors together with adults, although separate facilities existed. Because institutions were filled beyond capacity, hundreds of children accused of infractions were confined in juvenile detention centers, where they were reportedly crowded into small, unsanitary cells.

The CICPC detention facility, police station jails, and detention centers also were overcrowded, causing many police station offices to be converted into makeshift prison cells. Long delays in court proceedings and prison transfers created a parallel system that held prisoners in police station jails, in some cases for years, although these facilities were designed to hold individuals only for 48 hours. Prisoners reportedly took turns sleeping on floors and in office chairs, and sanitation facilities were inadequate or nonexistent. A UVL study of 248 facilities holding pretrial detainees revealed 315 percent overcrowding. The UVL also found that 5 percent of facilities provided medical services, more than 90 percent did not have potable water, 50 percent did not have regular trash collection or proper restrooms, and 35 percent lacked electricity.

The National Guard (GNB) and the Ministry of Interior, Justice, and Peace have responsibility for prisons’ exterior and interior security, respectively. The illegitimate Maduro regime failed to provide adequate prison security. The OVP estimated a staffing gap of 90 percent for prison security personnel, with one guard for every 100 inmates, instead of one for every 10 as recommended by international standards. Armed gangs, known as pranes, exercised de facto control within some prisons.

According to the UVL and OVP, between March and August, 287 prisoners died in prisons and jails, more than double the number compared with the same period in 2018. Some deaths resulted from prison and detention center riots. For example, on May 1, GNB officers opened fire on prisoners during a riot at the Los Llanos penitentiary in Portuguesa State, leaving 47 prisoners killed and 67 injured. Illegitimate regime Minister of Prisons Iris Varela claimed the riot began as an attempted prison escape, an account disputed by inmates and their family members, who stated the prisoners were protesting malnutrition. Media reported the prison, which was designed for 750 prisoners, held at least 2,500 inmates. AN members called the violence a massacre, and human rights NGOs and the OHCHR called for an investigation. The illegitimate Maduro regime charged 10 persons for their involvement in the violence.

The OVP reported inmate deaths due to generally unsanitary and unsafe conditions prevalent in prisons, with 73 percent the result of tuberculosis and malnutrition. The OVP reported that due to inadequate nutrition and lack of potable water, stomach illnesses were common among inmates. The UVL reported that in more than 90 percent of detention facilities, prisoners depended upon family visits to supply them with food, water, and medicine. Media reported prison guards regularly stole food families purchased for inmates. Prisoners were unable to meet their basic needs when illegitimate Maduro regime authorities suspended family visits to prisons and detention centers on April 2 due to the COVID-19 pandemic. A study by the NGO Solidarity Action found prison rules resulted in the isolation of those with HIV/AIDS in “inadequate spaces without food and medical attention.” The OVP reported a generalized lack of medical care, drugs, equipment, and physicians for prisoners. Inmates often received the same pills regardless of their symptoms, and pregnant women lacked adequate facilities for medical attention.

Administration: The illegitimate regime’s Ministry of Penitentiary Services did not respond to requests from the OVP, UVL, other human rights organizations, inmates, or families regarding inmates or investigations of the harsh conditions that led to hunger strikes, violent uprisings, and massacres.

Prisoners and detainees generally had access to visitors, including some with overnight privileges, until authorities suspended family visits in April due to the COVID-19 pandemic. In some cases prison officials harassed or abused visitors. For political prisoners, prison officials imposed significant restrictions on visits by family and legal representation. When allowed access, visitors were at times subjected to strip searches.

Independent Monitoring: Human rights observers experienced lengthy delays and restrictions in gaining access to prisons and detention centers. More than 300 lay members from the Venezuelan Episcopal Conference of the Roman Catholic Church volunteered in 40 prisons. Although prohibited from formally entering prisons, Catholic laity visited prisoners on family visitation days. As of September the OHCHR had conducted 15 visits of 13 detention centers.

d. Arbitrary Arrest or Detention

The constitution prohibits the arrest or detention of an individual without a judicial order and provides for the accused to remain free while being tried, but judges and prosecutors often disregarded these provisions. The law provides for the right of persons to challenge the lawfulness of their arrest or detention in court, but the illegitimate Maduro regime generally did not observe this requirement. While NGOs such as Foro Penal, the Committee for the Families of Victims of February-March 1989, the Institute for Press and Society, Espacio Publico, and PROVEA noted at least 2,000 open cases of arbitrary detentions, illegitimate Maduro regime authorities rarely granted them formal means to present their petitions. Regime authorities arbitrarily detained individuals, including foreign citizens, for extended periods without criminal charges.

Arrest Procedures and Treatment of Detainees

While a warrant is required for an arrest, detention is permitted without an arrest warrant when an individual is apprehended in the act of committing a crime or to secure a suspect or witness during an investigation. Police often detained individuals and raided their homes without a warrant. The OHCHR found that in several cases the illegitimate Maduro regime issued warrants retroactively or forged the warrant’s date of issuance. The law mandates that detainees be brought before a prosecutor within 12 hours and before a judge within 48 hours to determine the legality of the detention; the law also requires that detainees be informed promptly of the charges against them. The regime routinely ignored these requirements.

Although the law provides for bail, release on bail is not afforded to persons charged with certain crimes. Bail also may be denied if a person is apprehended in the act of committing a crime or if a judge determines the accused may flee or impede the investigation. The law allows detainees access to counsel and family members, but that requirement was often not met, particularly for political prisoners. The constitution also provides any detained individual the right to immediate communication with family members and lawyers who, in turn, have the right to know a detainee’s whereabouts. A person accused of a crime may not be detained for longer than the possible minimum sentence for that crime or for longer than two years, whichever is shorter, except in certain circumstances, such as when the defendant is responsible for the delay in the proceedings. The regime routinely ignored these requirements.

Arbitrary Arrest: Foro Penal reported 281 cases of arbitrary detention between January 1 and July 31.

On May 9, illegitimate regime security forces arrested Junior Pantoja, a former city councilman and soup-kitchen manager, during a violent police confrontation with armed gangs in a Caracas neighborhood. Pantoja’s relatives and neighbors, as well as AN, called the arrest arbitrary and politically motivated due to his role as a community leader. Pantoja’s lawyer claimed security forces planted five bullets on Pantoja in order to arrest him for gang-related activity and arms trafficking. On June 24, he was released and on August 23, he died of a respiratory infection after his health deteriorated while in regime custody.

On October 4, the illegitimate Maduro regime, without providing explanation, prevented interim president Juan Guaido’s chief of staff, Roberto Marrero, from boarding a flight to Spain. Marrero had been released from regime custody on August 31, following his March 2019 arrest and months of arbitrary judicial delays. Media reported contradictory and conflicting evidence submitted by prosecutors–including allegations that rifles and a grenade were planted at Marrero’s residence on the day of his arrest. Marrero was charged with conspiracy, treason, and weapons smuggling. Many international entities, including the Lima Group and the EU, condemned Marrero’s 2019 arrest as politically motivated.

Pretrial Detention: Pretrial detention remained an egregious problem. According to the UVL, approximately 70 percent of the prison population was in pretrial detention. The NGO Citizen Observatory of the Penal Justice System attributed trial delays to the shortage of prosecutors and penal judges.

Despite constitutional protections that provide for timely trials, judges reportedly scheduled initial hearings months after the events that led to the detention. Proceedings were often deferred or suspended when an officer of the court, such as the prosecutor, public defender, or judge, failed to attend. Prisoners reported to NGOs that a lack of transportation and disorganization in the prison system reduced their access to the courts and contributed to trial delays.

The constitution provides for an independent judiciary, but the judiciary lacked independence and generally judged in favor of the illegitimate regime at all levels. There were credible allegations of corruption and political influence throughout the judiciary. According to reports from the Inter-American Commission on Human Rights (IACHR), more than 75 percent of all judges had provisional appointments and were subject to removal at will by the Supreme Court (TSJ) Judicial Committee. Provisional and temporary judges, who legally have the same rights and authorities as permanent judges, allegedly were subjected to political influence to make proregime determinations. The OHCHR reported that lower courts received instructions from the TSJ on cases, especially those of a political nature, and observed that TSJ decisions related to the AN were inconsistent and raised concerns regarding politicization. Low salaries for judges at all levels increased the risk of corruption.

There was a general lack of transparency and stability in the assignments of district attorneys to cases and a lack of technical criteria for assigning district attorneys to criminal investigations. These deficiencies hindered the possibility of bringing offenders to justice and resulted in a 90 percent rate of impunity for common crimes and a higher percentage of impunity for cases of alleged human rights abuses.

The law provides for the right to a fair and public trial with oral proceedings for all individuals. By law defendants are considered innocent until proven guilty. The law requires that detainees be informed promptly of the charges against them, but the requirement was often ignored and, even when respected, involved dubious allegations, according to human rights organizations. Defendants have the right to consult with an attorney. According to the Office of the Human Rights Ombudsman, there were approximately 1,300 public defenders, but indigent defendants’ right to free counsel was often not respected because of attorney shortages. Free interpretation was often not available to defendants. Some NGOs provided pro bono counsel to defendants.

Defendants may request no fewer than 30 days and no more than 45 days to prepare their defense. Defendants have the right to question adverse witnesses and present their own witnesses. By law defendants may not be compelled to testify or confess guilt. Defendants and plaintiffs have the right of appeal. The OHCHR documented cases in which the illegitimate Maduro regime prevented lawyers from meeting with defendants and denied them confidentiality or access to case files.

Trial delays were common. Trials in absentia are permitted in certain circumstances, although opponents of the procedure claimed the constitution prohibits such trials. The law also states that, in the absence of the defense attorney, a trial may proceed with a public defender whom the court designates. The law gives judges the discretion to hold trials behind closed doors if a public trial could “disturb the normal development of the trial.”

On November 8, the TSJ convicted judge Maria Lourdes Afiuni of “spiritual corruption,” an offense that does not exist under criminal law, and sentenced her to five years’ imprisonment. Human rights NGOs and lawyers called the charges fabricated and an attempt to coerce other judges to take action against opposition politicians. In 2009 authorities arrested Afiuni on charges of corruption and abuse of authority for her decision to release a businessman who had been held in pretrial detention beyond the maximum time prescribed by law. Following her release to house arrest in 2011, regime-aligned authorities limited her movements and ability to speak to the press before granting her an unconditional release in July 2019.

The law mandates that municipal courts handle “less serious” crimes, i.e., those carrying maximum penalties of imprisonment of fewer than eight years. Municipal courts may levy penalties that include three to eight months of community service. Besides diverting some “less serious” crimes to the municipal courts, this diversion also permits individuals accused of “lesser crimes” to ask the courts to suspend their trials conditionally in exchange for their admission of responsibility, commitment to provide restitution “in a material or symbolic form,” community service, or any other condition imposed by the court.

The law provides that trials for military personnel charged with human rights abuses after 1999 be held in civilian rather than military courts. In addition, under the Organic Code of Military Justice, an individual may be tried in the military justice system for “insulting, offending, or disparaging the national armed forces or any related entities.” NGOs and the IACHR expressed concern with the regime’s practice of trying civilians under the military justice system for protests and other actions not under military jurisdiction. According to Foro Penal, since 2014 military courts had processed 870 civilians.

The illegitimate Maduro regime used the judiciary to intimidate and prosecute individuals critical of regime policies or actions. Foro Penal reported 351 political prisoners in regime custody as of December 28, compared with 388 political prisoners at the end of 2019. The regime routinely held political prisoners in SEBIN installations or the Ramo Verde military prison without an explanation of why they were not being held in civilian detention facilities.

On August 31, the illegitimate Maduro regime announced the “pardon” of 110 political prisoners. These pardons were conditional, with regime officials threatening to rescind the benefit if any individuals “return to any act of terrorism, violence, or coup mongering,” as arbitrarily determined by the regime. According to Foro Penal, however, only 50 of those named were in regime custody at the time. Of the prisoners, 23 had already been released, and the remaining 37 were AN deputies either in exile, in foreign embassy asylum in Caracas, or facing prosecution. Media and NGOs noted that since most on the list were not duly convicted or even charged with any crime, the move was a dismissal rather than a pardon. The list did not include any members of the military, although they represented 20 percent of political prisoners, according to Foro Penal. On September 7, regime attorney general Tarek William Saab encouraged the released detainees to participate in the December 6 parliamentary elections, but he warned they would be rearrested if found to have committed additional “crimes.”

On March 15, SEBIN officers arrested AN deputy Tony Geara. Geara was charged with financing terrorism and weapons trafficking after he posted comments on social media noting that a local hospital did not have running water. Media reported in August that Geara tested positive for COVID-19 while in SEBIN custody in Bolivar State. On August 31, Geara was released.

On August 28, AN deputy Juan Requesens was released to house arrest after being detained for more than two years for his alleged involvement in an attempted assassination of Maduro. International observers criticized irregularities in Requesens’ trial, which was marred by lengthy judicial delays as well as a lack of transparency and legal due process.

On October 14, opposition party leader Leopoldo Lopez fled to Spain after more than one year inside the Spanish embassy in Caracas. He previously escaped house arrest during mass demonstrations in April 2019, and in May 2019 the illegitimate Maduro regime issued a warrant for his arrest. Lopez was notably not included in the August 31 “pardon” of political prisoners.

In 2017 the head of state-owned oil company PDVSA summoned six executives of U.S.-based subsidiary CITGO to Venezuela for an emergency budget meeting: U.S. citizens Tomeu Vadell, Gustavo Cardenas, Jorge Toledo, Alirio Jose Zambrano, and Jose Luis Zambrano and U.S. Legal Permanent Resident Jose Angel Pereira (collectively known as the CITGO-6). Upon their arrival in Caracas, they were detained by masked security agents; charged with embezzlement, money laundering, and criminal association for an alleged deal they signed to restructure CITGO bonds; and confined in one of the country’s most dangerous prisons. After their initial appearance before a judge was cancelled dozens of times during three years, the trial of the six began in August. On November 21, they were convicted and sentenced as soon as closing arguments concluded to terms of eight to 13 years in prison. Their cases were marred by a lack of legal due process and based on politically motivated charges. The illegitimate regime denied media and human rights groups access to the trial.

There were credible reports that the illegitimate Maduro regime attempted to misuse international law enforcement tools for politically motivated purposes as a reprisal against specific individuals located outside the country. On October 22, the TSJ issued an extradition request for Ivan Simonovis, former political prisoner and sitting interim government commissioner for security. The regime charged Simonovis with the attempted murder of Maduro, treason, terrorism, and weapons trafficking. Simonovis escaped from house arrest in May 2019 and fled the country.

While there are separate civil courts that permit citizens to file lawsuits seeking damages, there are no procedures for individuals or organizations to seek civil remedies for human rights abuses.

The constitution provides for the inviolability of the home and personal privacy, but the illegitimate regime generally failed to respect these prohibitions. In many cases, particularly regarding the political opposition, regime-aligned authorities searched homes without judicial or other appropriate authorization, seized property without due process, or interfered in personal communications. FAES and other security forces regularly conducted both politically motivated and indiscriminate household raids. Throughout the year media reports documented raids by security forces on the homes of opposition party politicians and their relatives.

State surveillance remained rampant, including through the assistance of telecom regulator the National Telecommunications Commission (CONATEL) and state-run telecommunications provider CANTV. In February 2019 the interim government created a website for volunteers to participate in the delivery of international humanitarian aid. CANTV manipulated the Domain Name System to redirect visitors to a fake website registered to CONATEL that was designed to phish visitors’ personal information. Further, telecommunications companies reportedly assisted the government in monitoring communications of political opponents. Technical attacks against media outlets appeared to be linked to the armed forces.

China, through its telecommunications corporation ZTE (Zhongxing Telecommunication Equipment Corporation), provided the government with the technology to monitor citizens’ social, political, and economic behavior through an identity card called carnet de la patria (homeland card). To force citizens to comply, the Maduro regime made it obligatory to present the card to obtain social services, including pensions, medicine, food baskets, and subsidized fuel. Citizens essentially had no choice but to obtain and use the card despite the known tracking methods. Chinese companies such as Huawei and the China National Electronics Import-Export Company were also supporting financially and technologically these surveillance methods.