AI INDEX: AMR 53/001/2003 21 January 2003 |
The seriousness of the situation currently faced
by Venezuela requires a concerted response from
all sectors of society. They will have to decide
whether to continue along the path of
confrontation, perpetuating the cycle of violence,
harassment and polarization, or whether to commit
themselves to seeking peaceful negotiated
solutions within the constitutional framework and
in accordance with international human rights
standards.
Faced with the imminent danger of a breakdown in
the constitutional order and the violation of
fundamental human rights, it is essential that the
international community takes concrete measures to
avoid such a breakdown and help find a negotiated
solution, based on the full protection of human
rights.
Since the beginning of the current crisis, Amnesty
International has alerted the Venezuelan
government and the international community of the
need to take immediate measures to avoid a
breakdown in the rule of law. The most serious
symptoms of this situation include the events that
led to the break with constitutional order in
April, serious violations of the right to life,
the partiality of the judicial system and the
engagement of the security forces in the political
life of the country.
Amnesty International has urged the government to
speed up the investigation into the events of
April, avoid the excessive use of force by state
agents and ensure a halt to attacks against and
harassment of the press and human rights defenders.
It has also directed its appeals to opposition
sectors, urging them not to use protest measures
and "civil disobedience" that are not in keeping
with fundamental constitutional provisions. It has
also encouraged the media to be impartial and
assume co-responsibility for guaranteeing the
right to information.
Considering that disrespect for human rights is
one of the roots of the crisis, the national and
international standards that enshrine these rights
offer a framework to promote the resolution of the
crisis, as affirmed by non-governmental human
rights organizations in Venezuela. However, the
parties to the conflict have only referred to the
issue of human rights to attack and discredit each
other. The government, the opposition and the
media have appropriated, manipulated and distorted
the issue of human rights, converting it into one
more weapon for polarization and confrontation.
So far, the negotiations facilitated by the
General Secretary of the Organization of American
States (OAS), César Gaviria, have been undermined
by the intransigence of both parties, and the
agenda seems to have been limited to the electoral
issue. A sustainable and lasting solution to the
crisis requires all parties to pay attention to
human rights issues, which are key to solving the
problem.
At this crucial moment for the future of the
country, Amnesty International appeals to all
sectors of Venezuelan society to avoid using human
rights issues to polarize the situation and to use
them as a basis for building peace and restoring
the rule of law.
In a press release issued on 19 December (AMR
53/018/2002 ) Amnesty International proposed a
series of basic and immediate measures to avoid a
deterioration in the extremely polarized climate
and to prevent a breakdown in the constitutional
order.
Below, we propose a more long term human rights
agenda, aimed at restoring full respect for Human
Rights. Although the government has the main
responsibility in this, all political and social
actors must accept responsibility for contributing
to the achievement of these objectives.
At the same time, the international community, and
especially the regional and international human
rights organizations, must redouble their efforts
to facilitate a peaceful resolution of the crisis,
and to provide adequate mechanisms and resources
to monitor the human rights situation in the
country and stop the situation from deteriorating.
HUMAN RIGHTS AGENDA FOR THE CRISIS
Strengthen justice and eradicate impunity
The Venezuelan judicial system's failure to
prosecute and sentence those responsible for human
rights violations and compensate the victims has
been a feature of the country's history and
continues to be the fundamental factor that
weakens the Rule of Law and denies credibility to
the institution. The lack of independence and
capacity of key institutions such as the Judiciary,
the Public Prosecutor, the Police and Ombudsperson
poses an urgent need to build the credibility of
the judicial system.
- Society and its representatives must identify
and agree on a process that will end uncertainty
and strengthen the legitimacy, credibility,
independence, capacity and autonomy of the powers
and institutions that guarantee the Rule of Law,
in accordance with the rules set out in the
Constitution and international standards on the
independence of judges and prosecutors(1). The
credibility of these institutions also depends on
society's commitment to recognizing their
authority and respecting their decisions.
- Clarify, in an impartial, speedy and exhaustive
way, the human rights violations committed during
the events of April 2002 and since then, and
ensure that those responsible are brought to
justice. To this end, Amnesty International
recommends that an international delegation of
experts analyses and evaluates the steps already
taken by the authorities and makes recommendations
for the more effective conduct of the
investigations, in accordance with the appropriate
international standards(2). This commission should
make its conclusions public.
- Investigate and punish the police officers who
are responsible for the many executions that are
being committed in various states of the country
under the guise of "clashes with criminals
resisting the police". This is not a new kind of
human rights violations, but the total impunity
that police officers have enjoyed for years
weakens the rule of law and increases the cycle of
violence.
- Comply with the human rights measures and
recommendations issued by mechanisms of the United
Nations, the Inter-American Court of Human Rights
and the Inter-American Commission on Human Rights.
Depoliticise the armed and security forces
- To ensure that the armed forces and the security
forces do not play a political role, remain
subordinated to the civilian authorities and act
impartially; and it is essential to avoid the
armed forces being used to maintain public order,
so as to restore their credibility and guarantee
citizens' rights.
- The security forces should act with scrupulous
regard for the standards that regulate the use of
force against demonstrations and mobilizations.
Since the tragic events of April 2002, Amnesty
International has, on many occasions, denounced
the excessive use of force by the police and the
National Guard, which has resulted in many deaths
and injuries. Any action ignoring these standards
should be rigorously investigated and punished.
Guarantee freedom of expression and the right to
information
- Attacks on journalists and other press workers
should cease immediately. Likewise, the
indispensable work carried out by human rights
defenders should not be restricted and they should
be able to count on the impartial protection of
the law. The State must comply with the
precautionary and provisional measures issued by
the Inter-American Court of Human Rights and the
Inter-American Commission on Human Rights. Any
threat or attack against journalists or human
rights defenders must be rigorously investigated
and those responsible punished;
- When exercising their legitimate right to the
freedom of assembly, association and expression,
opposition sectors should take responsibility for
choosing protest methods and tactics that do not
undermine constitutional guarantees. Without these
guarantees, the rights of all are prejudiced.
Comply with international obligations regarding
economic, social and cultural rights
- Considering that social exclusion is one of the
basic structural problems that have contributed to
the extreme political polarization of the country,
we remind the government of its obligation to
comply with the recommendations of the United
Nations Economic, Social and Cultural Rights
Committee. In its 2001 report on the state of
these rights in Venezuela, the Committee
recommended the government to take advice from the
Office of the United Nations High Commissioner for
Human Rights and adopt concrete measures to
further economic, social and cultural rights as
part of the 1997 National Human Rights Action
Plan. A sustainable and lasting solution to the
crisis requires the implementation of concrete and
effective policies to combat the extreme poverty
and inequality prevailing in the country. It also
requires all political actors to be more sensitive
to the socio-economic roots of the crisis and the
consequences that a prolongation of the crisis
could have on these rights.
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(1) Basic Principles on the Independence of the Judiciary
(Adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Milan between 26 August and 6 September 1985, and confirmed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985).
Guidelines on the Role of Prosecutors
(Approved by the Eighth United Nations Congress on the Prevention of Crime and Treatment of Offenders, held in Havana (Cuba) between 27 August and 7 September 1990).
(2) Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions (Recommended by Economic and Social Council Resolution 1989/65 of 24 May 1989).
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