Separation of Powers Abolished
-Executive branch fully controls the National Assembly, having imposed simple majority rule.
-Executive branch fully controls the Supreme Court, the Organic Law regulating it having been illegally amended by the National Assembly.
-Executive branch fully controls the National Electoral Council, having imposed via the Supreme Court the illegal designation of its members.
-Executive branch has violated the law by unilaterally designating the Public Prosecutor, Comptrolles General and Ombudsman.
-Executive branch is dominated by retired and active military officials who head ministries, governor's offices, PDVSA and other state institutions, as well as civic associations.
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A Deeply Biased Judicial System
-The Supreme Court is fragrantly biased in favor of the Government, reflected in the designation of 17 new “revolutionary” magistrates.
-Pro-government judges and prosecutors are named on a temporary basis, in violation of the law.
-Universal and fundamental legal principles (e.g., due process, double jeopardy, retroactive application of law, overriding of jurisdictional competence) are chronically violated.
-Sentencing guidelines relating to both national and international law are routinely ignored.
-Judges and magistrates are summarily fired when the decisions they make in the normal discharge of their duties run counter to the whimsof the Executive.
-Government officials and pro-government civilians systematically break the law, and do so with impunity.
Lack of Transparency in the Electoral System
-Electoral Council members openly biased toward the government are designated in flagrant violation of the law.
-The constitutional right of the citizenry to monitor the electoral process has been eliminated.
-Established regulations are routinely bypassed or applied in a discretionary manner.
-Electronic voting system is a black box: it lacks transparency, and allows election officials to match voters to votes.
-Voter registry and voter identity procedures are deeply flawed.
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Freedom of Expresion Drastically Curtailed
-New law severely restricts freedom of expression in radio and television media.
-Amendments to the Penal Code make dissident activities illegal.
-Journalists are physically attacked when perfoming their professional duties.
-Newspapers, radio and television stations are subject to attack by pro-government mobs, while police and National Guard turn a blind eye.
-Cameras and communications equipment routinely vandalized or confiscated, and media offices raided.
-Journalists are increasingly being taken to court by civilian and military government officials.
Human Rigths and Basic Freedoms Routinely Violated
-Laws are applied in a discriminatory fashion against political dissidents.
-Disidents are systematically discriminated against, and denied jobs, educational opportunities and other fundamental rights as citizens, relegating them to the status of second-class citizens
-Other basics freedoms (acces to education, freedom of worship and the right to privacy) are being rolled back.
-Political party system and the principle of proportional representation are being undermined.
-Government-sponsored labor, trade, professional and civic associations seek to undermine and replace established organizations, thereby stifling citizen participation in all walks of life.
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VENEZUELA: A DEMOCRACY UNDER SIEGE
The road to Authoritharianism
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Separation of Powers Abolished
