HRC57 - Human Rights in Venezuela - 20 September 2024
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Statements | HRC

HRC57 - Human Rights in Venezuela - 20 September 2024

Interactive dialogue with the Independent International Fact-Finding Mission (IFFM) on Venezuela, on its latest report, at the 57th session of the Human Rights Council.

Statements from:
- Marta Valiñas, Chair, IFFM Venezuela
- Alexander Gabriel Yánez Deleuze, Permanent Representative of Venezuela to the UN Office at Geneva

Teleprompter
Excellencies distinguished colleagues.
As announced before
agenda item four entitled Human Rights
Situations that require the Council attention,
he's open.
We shall begin the interactive dialogue on the report of the
Independent International Fact Finding Mission on
the Bolivarian Republic of Venezuela.
The list of speakers
will close in 15 minutes.
And it is this afternoon my pleasure to
welcome the distinguished members of the commission.
Missus Martha Vallin. Yes,
Mister Francisco Cox
Field
and missus Patricia
Valdez.
I now give the floor to the chair of the fact finding mission to present the report.
Sir, you have the floor,
Madam, You will report.
Please
go ahead.
Gracias,
Senior
President.
Thank you, President.
Distinguished delegates,
ladies and gentlemen,
The Independent International Fact Finding Mission on the
Bolian. Republic of Venezuela
submits its fifth report to the Council in accordance with its resolution 5129.
This report,
together with the company conference room paper
to be published in the coming weeks,
covers the period
from the first of September 2023 and the F 31st of August 2024.
For the past year in particular since
the presidential elections of 28
July, there has been a worsening of the human rights situation.
The mission is aware that
this report has special significance
because of the current political and human rights circumstances. In Venezuela,
the repressive machinery of the Venezuelan state
continues to commit serious violations of human rights
and violations.
The victims and the population in generals are helpless
in the face of the arbitrary exercise of power.
In the context
in which the slightest semblance of legality and
the actions of the authorities is disappearing.
The risk of a breakdown of the rule of law in Venezuela is very high.
Since July 28 when the National Electoral Council announced President Maduro's
victory in the presidential election without showing evidence of it,
repression and political persecution have been increasing.
According to the mission's findings, 25 people were killed in the post
election
protests. A very high number of people were detained, including Children
and persons with disabilities
and several people victims of short term enforced disappearances.
We have received allegations and we have been able to
document cases of people subjected to true and cruel,
inhuman and degrading
treatment, as well as
acts of sexual and gender based violence
following the presidential election the mission had to adjust its
plan to carry out fact finding in order to
bring to the attention of the council the pre
results of its investigations into the events committed
after 28 July.
The set of violations that have been documented and
investigated and this report only represent a sample of
a much broader universe and cannot be understood only
as a product of the post electoral crisis.
These violations are a result of a plan designed in advance and executed
through different forms of repression,
a plan to discourage silence and nullify the political opposition and
voices critical of the government of President Maduro or those who demand
transparency in the electoral results.
In this context,
the mission concluded that some of the serious
violations of human rights investigated during this period
represent a continuation of the same line of conduct
that was characterised by the mission in
its previous reports as crimes against humanity.
The mission understand that some of the violations
documented during the time frame of its mandate,
including arbitrary detentions,
torture and sexual violence, as well as other
related violence of fundamental rights,
including freedom of association, assembly and freedom of expression
taken together
constitute the crime against humanity of persecution based on political motives.
Mr. President,
In March, during our oral update to this council,
the mission recalled that the repressive structure of the state
had not been dismantled and that it continued
to present a latent threat that could be activated
when the government deemed it
it necessary.
The numerous events that took place during
the period leading up to the presidential elections
confirmed that
we were facing a phase of reactivation of this repressive machinery
during the reporting period.
Targeted political repression of opponents or perceived opponents continued
between December 2023 and March 2024. At least 48 persons
39 men and nine women,
including civilians and military personnel, were arrested
in connection with what the authorities considered
to be conspiracies to stabilise the country,
overthrow the government or attempt on the life
of the president or other senior authorities.
This equates to at least three arrests every week, every week for four months.
The mission investigate cases diplomatic cases of arbitrary
detentions of well known personalities such as the lawyer
and human rights defender
ROSIO, Sam
Miguel
and her relatives.
Uh,
we also investigate the political persecution against the opposition,
especially against militants
and national regional leaders of Vente
Venezuela.
Five members of this political organisations,
with the rest warrant since March 2024
along with another person close to this opposition group,
took refuge in the residence of the Argentine ambassador in Caracas
and were granted asylum.
After the expulsion of the diplomatic representation of that country, Brazil took
over the custody of the residents with
the isolee in it.
However, on September 7th, the Venezuelan government decided to revoke the
approval grant to Brazil to guard
Argentina's diplomatic facilities.
In addition, during the election campaign between the fourth and 25th of July,
the mission delegated or documented up to 121
arrests of people who were arrested simply for
having provided some service in opposition campaign events.
Many of the detentions investigated by the mission
during the run up to the elections were arbitrary and were sometimes followed by
torture and short term enforced disappearances.
These
violations
considered the most violent expression
of the rural administrative and judicial obstacles
to legitimate political action of the opposition.
Mr President, the critical human rights
situation reached an unprecedented level in recent years following the
announcement of the election results in the early hours of
29 July. Even before the elections, President
Malu
and other high ranking officials had warned
of the possibility of an outbreak of violence
if they did not achieve electoral victory.
The wave of citizen protests that followed the announcement was repressed with
UH unusual harshness and violence.
According to sources from civil society organisations. Between
29 July and sixth
of August, 915 protests were registered.
The mission investigated in a preliminary matter
and confirmed the violent death of 25 persons
in the context of citizens rallies or protests.
24 of them died from gunshots, most of them young
uh men from
different neighbourhoods under 30 years of age.
The mission does not yet have sufficient evidence that
should be responsibility in these cases of death.
But in several of these cases,
the mission managed to document the presence of
members of the Bolivarian National Guard or the
National Police using their fire firearms to repress the protests.
The security forces
were sometimes accompanied by
groups of armed civilians who also fired firearms against
demonstrators.
Arrests in this period reached figures not recorded since 2019.
The same authorities recognised the detention of more than
2200 people
between July 29 and 6 August alone.
Although the detention of members of the
political opposition members of civil society,
including journalists,
continues most of the victims of Earth
after the elections came from popular neighbourhoods
and were identified by security forces after obtaining videos or photos published
and on social networks, or
by informing on people related to the ruling poppy
in response to calls from the president itself,
These arrests were massive and indiscriminate and were carried out
based on
preconceived plans such as the threatening Tun Tun
operation
in the last month and a half. The mission
and has documented 143 arrests,
including 66 militants or leaders of seven different opposition parties,
initiated the investigation
of 12 of those arrests.
Security forces entered private homes without
the necessary court orders and detained people
to the desperation of relatives.
In the cases investigated by mission,
staff members did not even know the name of persons to be arrested.
The homes of people who had participated in process or who were suspected of Duns
said
were marked with an X.
The president Maduro said the detainees should be
sent to labour camps for re education.
In this context, the mission documented
the detention with at least 100 58 Children, 130 boys and 28 girls,
a phenomenon never before recorded on such a scale.
These Children were arrested after the protests,
charged with serious crimes such as terrorism or incitement of hatred
pending for their
ation.
The mission has already been able
to document serious violations of international standards
for the protection of Children.
Mr. President.
The mission noted that the practise of
short term enforced disappearances has not ceased
based on a strict interpretation of international standards.
The mission found reasonable grounds to believe that
in 13 cases, state agents carried out
deprivations of liberty and refused to recognise
the fate or whereabouts of the detainees,
removing them for the protection of the law.
This number rises to more than 20
according to more expansive interpretation of the pro
prohibition of enforced disappearance
in at least 27 post election cases,
the mission documented situations that could constitute enforced disappearance
in
these cases of detainees were unable to
communicate with their family members and lawyers.
The authorities did not acknowledge their detention
and they did not appear at a judicial control hearing within the 48 period,
8 48 hour period established by the law.
Acts of torture, cruel
and human or degrading treatment also continued.
The mission identified a range of torture methods
used by security forces or intelligence services,
including punching
beatings with wooden planks or bats
wrapped in foam electric shocks,
fixation with plastic bags,
Imation
called water and forced sleep deprivation.
The mission continued to record sexual and gender based
violence,
especially in detention centres which increased after the post electoral crisis.
The mission documented and groping of breasts, buttocks and genitals,
forced nudity, invasive searches, sexist threats and insults,
and denial of sexual and reproductive rights against some
of the more than 200 women and girls detained,
as well as women
visiting
loved loved ones in detention centres.
The mission recorded numerous
allegations about critical convictions of detention in the main centres
where authorities detained persons
in the aftermath of the protests, such as the
Toon and
Toco
Ito prisons for men and La
Risala
for women
both before and after the elections. The mission identified
serious and systematic violations of due process of detainees.
The,
for example,
the detentions that where
there was no judicial order, that
there were
unjustified delays in the presentation
of detained persons before supervisory justice
for the legally established 48 hours.
The possibility of having a defence of one's own choice,
the conduct of hearings at night
in the same detention centres or disproportionate accusations
without
factual basis
that employs sentences up to 30 years in prison.
Mr President, the violations described above
took place within the framework of
increasingly shrinking civic and democratic space.
On August 15,
National Assembly
United still approved the known
law on NGO S.
Despite the recommendations of the country from the missions as well
as from the Office of the High Commissioner and the Inter American
Commission on Human Rights.
The approved text is incompatible with international norms
and standards on the right to freedom of association and further restricts
the ability of civil society organisations,
including
human rights organisations, to act freely.
The National Assembly also advanced in the process of approving
the draught law against fascism, neofascist and similar expressions.
Under a broad and ambiguous definition
definition of fascism and
neo fascism that will criminalise as legitimate ideological expressions.
Mr. President, the situation in the Bear
Republic of Venezuela, especially since 28 July, has become one of the most
acute human rights crises in the country's recent history.
Serious human rights violations
and crimes continue to be committed. As we present our our report to this council.
Hundreds of people, including Children,
continue to be detained in unacceptable conditions,
increasing the risk of being subjected
to torture
and ill treatment, including
sexual or gender based violence.
Politically motivated persecution
continues.
The international community faces a
great responsibility to stop this persecution
to ensure that violations and crimes that have been committed and
continue to be committed do not go unpunished.
And to encourage the victims
by ensuring that they can obtain justice. Thank you very much for your attention.
I thank you, madam, for presenting the report of the FFM on Venezuela.
And, uh,
according to our practise,
we shall start by hearing the delegation of the country consent.
Mister Ambassador of Venezuela. I gave you the floor for five minutes.
Thank you, President. We have just heard the reading out of a ridiculous pamphlet
by the illegitimate
body created by the
Lima Group, basically
going along with Washington's orders years after the irregular imposition,
this council is still listening to this politicised.
I think it's just testimony to the erratic working of this body of the UN.
Western countries are turning council into a body that is simply
blackmailing
Southern countries, wanting to impose on the UN
the narrative of fascism.
And this is really a shameless mission, I have to say.
And I'm careful with what I say
as of which it simply invents things.
People who are faceless, they're not identified the people.
The report itself is a farce. It is really done deliberately as well.
And I think that is something that strikes council. We have to reject it.
We have to reject it. If not,
we are simply,
hampering forever. This body,
this council, look at what's happening in Palestine.
What's happening with the with the blessing of the US and the EU,
the sovereign state of Venezuela has been systematically attacked.
Every single time we've said that
and looking at the UN red tape, we see that there is an absolute
dead set on attacking our president.
We've seen that there is a real attempt to invade our territory. This all promoted by
the US
And we've seen that with people that our state security have captured
and imprisoned.
All this is swept under the carpet because of the hypocrisy of this system.
And all you seem to be concerned about is who the people are,
that they carry out the mandate that's been imposed on them.
This means that victims
are actually everything is wrong. The victims become those who perpetrate
the crimes. It's upside down.
President,
A new pandemic
affects humanity. That new pandemic is called fascism.
This is something that we are seeing flourishing
and under the aegis of the US and the EU.
It seems like they want to clamp down on the
emerging of a new multi polar reality. We have to condemn this dangerous reality.
We have to fight back against it.
We cannot permit this complicit.
This fascism that is starting to prevail in violates
the rights of people are upholding democratic institutions.
We have to rectify things,
get back on course so that we actually uphold
the principles behind the creation of this council.
We had a successful electoral process,
President Maduro was elected with over 50 per cent.
But the fascist right in Venezuela has sparked
a wave of violence,
simply pushing to one side the
outcome of those elections, including criminals.
And you've got to look at what we've done in
these weren't
peaceful proposals and peaceful demonstrations that we say, on the contrary.
And in fact this was something OHC HR in a flagrant fashion
has shown it is
also acting in his accomplice here and we want to denounce that as well.
27
Venezuelans have been
murdered in Venezuela, paid by the extreme right in Venezuela,
victims
are community leaders, they're poor people. And of course, you just ignore them
in the human rights system
because you want to ignore that because they're poor.
This double standards needs to be rejected.
There has to be balanced approach
from this council.
There cannot be aggression and attacks on the sovereignty of people.
We have to stop this irrational politicisation
that we are seeing which is riding Russia over human rights.
We have got the most robust protective system in Venezuela. We're proud of it,
and the sanctions are aiming to destroy that again.
Riding Russia over the rights, the US, the EU, what they're doing are
actually involved in crimes against humanity. President
Maduro, As long
prior to him,
President Maduro is doing all they can and we are moving along this path to victory.
As they both said,
Oh!