Spanish Version

Is the Legislative Branch Controlled by the Executive?

Is the Judicial branch controlled by the Executive?

Is the National Electoral Council controlled by the Executive?

Is the new Citizens' Power (the Public Prosecutor, the Office of the Comptroller and the Peoples' Advocate) controlled by the Executive?

Are the Supreme Court Justices biased in the discharge of their Duties?

Is the Independence of the Judicial Career respected?

Do Venezuelan Courts respect Constitutional Law principles?

Is the Supreme Court at the service of the Administration?

Is the National Electoral Council (CNE) an Impartial Body?

Does the CNE Address The Interests of Civil Society or those of the Government?

Does the National Electoral Council Act In Conformity to the law?

Is voting by way of electronic machines reliable?

Does the Electoral Register (RE) contain true and precise information?

Are the media really independent?

Does the Penal Code limit freedom of expression?

Are journalists persecuted, threatened or harassed because of the way they cover the news?

Are human rights violated in Venezuela ?

Does discrimination on political grounds exist in Venezuela?

Are there political prisoners in Venezuela ? Are people persecuted for political reasons?

Are those active in the defense of democracy in Venezuela persecuted and imprisoned?

Are private life and private property respected?

Is freedom in education respected?

Have the human rights of the April 2002 victims been respected and have those responsible been indicted?

Is the Executive ruling under a military style?

Is the political parties system declining in Venezuela?

Are traditional trade-union organizations being respected?

Is the civil society allowed to exercise the functions conferred by the Constitution?

 
Respect for human rights and fundamental freedoms
ARE THERE POLITICAL PRISONERS IN VENEZUELA ? ARE PEOPLE PERSECUTED FOR POLITICAL REASONS?
 
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Summary

  • “COFAVIC” reports accusations made by the Attorney General’s Office against such organization, for requiring before the Venezuelan State, the indemnification of 1989’s “Caracazo” victims.
  • A judicial process was brought against Carlos Ayala Corao for his purported participation in writing the “Carmona Decree”, being his position against such decree, broadly known.
  • Directors of  “Súmate” charged for having received funds from the “National Endowment for Democracy” to teach courses about citizens’ rights within the “Education for Democracy” program.

1. There are presently more than two hundred political prisoners and people who are persecuted for political reasons in Venezuela, many without any guarantee of access to due process, and many living in such precarious conditions that these, in and of themselves, represent a violation of their human rights. This situation has been brought to the attention of several international bodies, most recently the United Nations (UN).


2. One of the most emblematic cases is that of the political prisoners in the State of Táchira, in Venezuela 's Andean region. The following eight civilians were arrested in Táchira State for the April 12, 2002 , events: Elsy de Peña, Neira Celis, Jacobo Supelano, Wilfredo Tovar, William Forero, Omar Guillén, Dany Ramírez, Orlando Pantaléon and Saúl Lozano. With the exception of William Forero, all were indicted. The case of Saúl Lozano, former President of the Táchira Workers Federation, is particularly representative of abusive treatment. Although in need of surgery to alleviate his suffering for spinal-discus hernia, a condition that has impaired his ability to move, he has been denied treatment at an appropriate medical facility. His case will be brought to the attention of the Inter American Commission on Human Rights and the International Committee of the Red Cross, in order to request their good offices on humanitarian grounds. In August 2002, on the grounds of lack of evidence and time already spent in jail, a court's final sentence set free some of the eight political prisoners. Nevertheless, on October 14, 2004 , the Second Trial Court of Táchira State annulled such sentences and proceeded to announce that new procedures would be initiated against some of them. Moreover, after the Supreme Court's decision to revoke the sentence exonerating those military officers accused for the April 11, 2002 , events, the case was reopened and new charges will likely be brought forward.


3. The union leader and President of the Venezuelan Workers Confederation, Carlos Ortega, is under arrest in the National Center for Military Indicted, located in Ramo Verde, for the civic strike facts of December 2002 and January 2003, being charged for the crimes of civil rebellion and crime instigation. Carlos Ortega considers his case an eminently political matter and, therefore, he assures that he will be convicted without a fair trial, which the press has not been able to access in order to inform in an adequate way. In addition, the jury was empanelled on July 11th by one sole judge, therewith preventing him from the constitutional right to be judged by a jury. Finally, Carlos Ortega was convicted to more than 15 years of prison “for the crimes of civil rebellion, instigation to disobey the law and use of false identification documents, all of the above for having leaded the convocation for the general strike taken place between December 2002 and February 2003.” (El Universal, December 14th, 2005).


4. Besides de above mentioned cases, a number of individuals, all of them belonging to the opposition, are being arraigned in several courts and for different reasons . Among them are: Enrique Mendoza, former Governor of the State of Miranda; Cecilia Sosa, former President of the Supreme Court of Justice; Gisela Parra, former President of the Judiciary Council; Enrique Capriles Radonsky, Mayor of the Baruta Municipality; Leopoldo López, Mayor of the Chacao Municipality; Luis Lippa, former Governor of the State of Apure; Ramón Escobar Salom, former Public Prosecutor of the Republic; José Curiel, former Governor of the State of Falcón; David de Lima, former Governor of the State of Anzoátegui.