<a href=www.vheadline.com>Venezuela's Electronic News Posted: Sunday, April 13, 2003 By: Patrick J. O'Donoghue

Amnesty International (AI) has urged the Venezuelan government to investigate human rights violations during April 2002, in which more than 50 persons died. In a precise communique, AI hits out at Venezuela's political class for failing to assume its role in the tragedy and for not bringing those responsible to justice.  "The government and opposition should stop trying to use the events of April 11 to favor their own agendas." 

The document says the recent rejection of charges against some people accused of the deaths and the impunity of the police shows the weakness of the official investigation and raise serious concern about the State's capacity.

Stressing the recurring theme of impunity in Venezuela, AI contends that the investigation and legal process should ensure justice for the victims and their families to avoid a repetition of the impunity that has reigned in other cases of serious human rights abuses. 

According to AI, the only way forward to secure an impartial investigation is to recur to international observers and warns that the excessive use of force by police needs to be reformed immediately.

<a href=www.vheadline.com>Human Rights issues in Venezuela Discussion on human rights as they affect Venezuela and Venezuelans

<a href=www.regiaodeleiria.pt>regiaodeleiria.pt 11/04/2003 07:41

A Amnistia Internacional (AI) instou hoje as autoridades venezuelanas a investigarem os confrontos registados há um ano nas proximidades do palácio presidencial de Miraflores que causaram 19 mortos e mais de cem feridos.

O pedido da AI ocorre um ano após o líder da "revolução pacífica bolivariana", Hugo Chávez, ter sido afastado durante 48 horas do poder após confrontos violentos em Caracas entre apoiantes e opositores do presidente venezuelano.

Num comunicado divulgado ontem, a AI, afirma que "a classe política venezuelana ainda não assumiu o seu papel na tragédia nem garantiu que os responsáveis sejam levados perante a justiça".

A organização de defesa dos direitos humanos questiona uma possível falta de vontade política para a realização de uma investigação imparcial sobre os acontecimentos.

Para o sucesso da investigação será necessária a "cooperação transparente", do Executivo, da oposição, do poder judicial e dos corpos policiais, assim como da Procuradoria-Geral da República.

Lusa

<a href=www.southamericadaily.com>South America daily AI Index: AMR 53/006/2003 (Public) News Service No: 087 10 April 2003

A year on from the failed Coup d'Etat of 11 - 14 April 2002, when more than 50 people lost their lives and scores of others were wounded, Venezuela's government and opposition have failed to face up to their part in the tragedy and ensure that those responsible are brought to justice, Amnesty International said today.

"It is time that both the government and opposition stop attempting to use the events of April 11 to serve their political agendas and instead create the climate in which the facts can be established, justice can be secured and the victims can receive reparations."

"The recent dismissal of murder charges against those accused of shooting from the Puente Llaguno, and the failure to charge Metropolitan Police implicated in the deaths and injuries suffered on 11 April, demonstrate the weakness of the official investigation. It also raises serious concerns about the capacity of the state to effectively prosecute all those responsible," the organization continued.

Alixis Gustavo Bornones Soteldo and César Mattías Ochoa were two of the victims who were shot and killed in Avenida Beralt on 11 April. Their families, and many others, are still waiting for justice. Important investigations in order to identify those responsible have already been carried out, but Amnesty International remains concerned that establishing individual criminal responsibility for the crimes remains a long way off. Furthermore, while there has been a degree of progress in the investigations regarding events of April 11, the organization fears that the violations committed on 12, 13, and 14 April have received less attention and risk being ignored by investigators and public alike.

"The investigation and judicial process must lead to justice for the victims and their relatives, in order to avoid the pattern of impunity of other notorious cases of serious human rights violations which haunt Venezuela's recent history," said Amnesty International.

"Impunity for human rights violations leaves the victims and their families without redress and encourages further violations. This can only fuel the climate of violence undermining the rule of law and human rights in Venezuela."

To ensure the success of the investigations, Amnesty International urges the authorities to guarantee that all agencies, including all police forces and the National Guard, cooperate fully with the investigation and ensure there is transparent and effective coordination between the Attorney General's Office (Fiscalía General de la República) and the Scientific and Criminal Investigation Force Cuerpo de Investigaciones Científicas, Penales y Criminalisticas (CICPC).

"It is vital that both these agencies receive the support and resources necessary to make their work timely and effective. The judiciary must also play a fundamental role by ensuring its timely, impartial and effective handling of these highly politicised cases; the executive and the legislature must ensure support for the investigation while avoiding any implication of undue influence on the results, " said Amnesty International.

"If the responsibility, both criminal and moral, for violence of April 2002 is to be established it is vital that the opposition, including the media, contribute to the clarification of the facts, even if these do not coincide with their immediate political interests."

A proposed commission of enquiry, to establish the truth surrounding the human rights violations committed in April 2002, has not been set up due to the failure of the opposition and government to guarantee its independence, impartiality and effectiveness. Amnesty International believes that another possible means of ensuring an impartial and credible enquiry could involve the participation of independent international experts, under the auspices of the international community, to visit Venezuela to evaluate the investigation and make binding recommendations. These mechanisms would be a step toward creating space and credibility for the facts of April to emerge from the political polarization affecting the country. "One of the challenges to any such investigation is to clarify what led to the violence and the responsibility for it. Since April 2002, the political crisis destabilising Venezuela has repeatedly led to violence, with the police and National Guard employing excessive force against pro and anti-government demonstrators."

" An outcome of these investigations must be the urgent reform to policing practices and structures to ensure impartial law enforcement and prevent excessive or indiscriminate use of force in police operations with strict adherence to international human rights standards."

"Impartial and effective investigations into human rights violations committed in April 2002 and subsequent incidents are the only means of rebuilding confidence in the police and criminal justice system and ending the climate of impunity," Amnesty International concluded.

Background Economic, social and political tensions led to an indefinite strike on 9 April by supporters of the opposition, an alliance built around the business sector, the principal trade union and private media interests, who demanded the immediate resignation of President Chávez. On 11 April, a mass opposition demonstration met pro-government protesters in the vicinity of the presidential palace. As demonstrators, Metropolitan Police, National Guard clashed, 20 people died as a result of gunshot wounds, and over 60 others were injured. In the ensuing crisis, senior military officials forced President Chávez from power and placed him in detention. Following the Coup d'Etat, a de facto joint civilian-military administration was established under the opposition leader Pedro Carmona, head of the Employers Association, FEDECAMARAS. The de facto government issued draconian decrees, inclusing the closure of the National Assembly, and the summary dismissal of the Supreme Court, the Attorney General and the Human Rights Ombudsman (Defensor del Pueblo). Police carried out raids on a number of homes of supporters of President Chávez. Amongst those arbitrarily detained were a Minister and a National Assembly deputy. There was widespread condemnation of the unconstitutional and summary removal of President Chávez, the illegal detention of his supporters, and the arbitrary powers assumed by the de facto government. This, coupled with the increasingly determined efforts of President Chávez's followers to secure his release and return to power, led to the resignation of the new government and reinstatement of President Chávez on 14 April. The civil disturbance during these four days left at least 50 people dead and many more wounded. The government and opposition have continually accused each other of masterminding the violence for political advantage over the last year.

Political violence has also continued throughout the last year, resulting in the deaths of a number of pro and anti-government demonstrators and has repeatedly threatened further disintegration in the rule of law and human rights protection. In December 2002 the opposition called a second indefinite national stoppage which continued to February 2003. Social tension and political violence escalated in the context of the strike, which had a dramatic impact on the economy. Negotiations between government and opposition have continued throughout the year under the stewardship of the Secretary General of the Organization of American States, César Gaviria. A group of "friendly counties" was also established to facilitate this process and help find a negotiated solution to the political crisis.

To refer to other materials produced by Amnesty International on Venezuela, including a "Human Rights Agenda for the Current Crisis" published in January 2003, visit our website at

Public Document

For more information please call Amnesty International's press office in London, UK, on +44 20 7413 5566 Amnesty International, 1 Easton St., London WC1X 0DW. web:

For latest human rights news view

AI INDEX: AMR 53/006/2003     10 April 2003

<a href=web.amnesty.org>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.

(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).

Back to Top ^^ AI INDEX: AMR 53/001/2003     21 January 2003

Amnesty International AI Index: AMR 53/006/2003 Publish date: 10 April 2003

A year on from the failed Coup d'Etat of 11 - 14 April 2002, when more than 50 people lost their lives and scores of others were wounded, Venezuela's government and opposition have failed to face up to their part in the tragedy and ensure that those responsible are brought to justice, Amnesty International said today.

An Amnesty International report "It is time that both the government and opposition stop attempting to use the events of April 11 to serve their political agendas and instead create the climate in which the facts can be established, justice can be secured and the victims can receive reparations."

"The recent dismissal of murder charges against those accused of shooting from the Puente Llaguno, and the failure to charge Metropolitan Police implicated in the deaths and injuries suffered on 11 April, demonstrate the weakness of the official investigation. It also raises serious concerns about the capacity of the state to effectively prosecute all those responsible," the organization continued.

Alixis Gustavo Bornones Soteldo and César Mattías Ochoa were two of the victims who were shot and killed in Avenida Beralt on 11 April. Their families, and many others, are still waiting for justice. Important investigations in order to identify those responsible have already been carried out, but Amnesty International remains concerned that establishing individual criminal responsibility for the crimes remains a long way off. Furthermore, while there has been a degree of progress in the investigations regarding events of April 11, the organization fears that the violations committed on 12, 13, and 14 April have received less attention and risk being ignored by investigators and public alike.

"The investigation and judicial process must lead to justice for the victims and their relatives, in order to avoid the pattern of impunity of other notorious cases of serious human rights violations which haunt Venezuela's recent history," said Amnesty International.

"Impunity for human rights violations leaves the victims and their families without redress and encourages further violations. This can only fuel the climate of violence undermining the rule of law and human rights in Venezuela."

To ensure the success of the investigations, Amnesty International urges the authorities to guarantee that all agencies, including all police forces and the National Guard, cooperate fully with the investigation and ensure there is transparent and effective coordination between the Attorney General's Office (Fiscalía General de la República) and the Scientific and Criminal Investigation Force Cuerpo de Investigaciones Científicas, Penales y Criminalisticas (CICPC).

"It is vital that both these agencies receive the support and resources necessary to make their work timely and effective. The judiciary must also play a fundamental role by ensuring its timely, impartial and effective handling of these highly politicised cases; the executive and the legislature must ensure support for the investigation while avoiding any implication of undue influence on the results, " said Amnesty International.

"If the responsibility, both criminal and moral, for violence of April 2002 is to be established it is vital that the opposition, including the media, contribute to the clarification of the facts, even if these do not coincide with their immediate political interests."

A proposed commission of enquiry, to establish the truth surrounding the human rights violations committed in April 2002, has not been set up due to the failure of the opposition and government to guarantee its independence, impartiality and effectiveness. Amnesty International believes that another possible means of ensuring an impartial and credible enquiry could involve the participation of independent international experts, under the auspices of the international community, to visit Venezuela to evaluate the investigation and make binding recommendations. These mechanisms would be a step toward creating space and credibility for the facts of April to emerge from the political polarization affecting the country. "One of the challenges to any such investigation is to clarify what led to the violence and the responsibility for it. Since April 2002, the political crisis destabilising Venezuela has repeatedly led to violence, with the police and National Guard employing excessive force against pro and anti-government demonstrators."

" An outcome of these investigations must be the urgent reform to policing practices and structures to ensure impartial law enforcement and prevent excessive or indiscriminate use of force in police operations with strict adherence to international human rights standards."

"Impartial and effective investigations into human rights violations committed in April 2002 and subsequent incidents are the only means of rebuilding confidence in the police and criminal justice system and ending the climate of impunity," Amnesty International concluded.

Background Economic, social and political tensions led to an indefinite strike on 9 April by supporters of the opposition, an alliance built around the business sector, the principal trade union and private media interests, who demanded the immediate resignation of President Chávez. On 11 April, a mass opposition demonstration met pro-government protesters in the vicinity of the presidential palace. As demonstrators, Metropolitan Police, National Guard clashed, 20 people died as a result of gunshot wounds, and over 60 others were injured. In the ensuing crisis, senior military officials forced President Chávez from power and placed him in detention. Following the Coup d'Etat, a de facto joint civilian-military administration was established under the opposition leader Pedro Carmona, head of the Employers Association, FEDECAMARAS. The de facto government issued draconian decrees, inclusing the closure of the National Assembly, and the summary dismissal of the Supreme Court, the Attorney General and the Human Rights Ombudsman (Defensor del Pueblo). Police carried out raids on a number of homes of supporters of President Chávez. Amongst those arbitrarily detained were a Minister and a National Assembly deputy. There was widespread condemnation of the unconstitutional and summary removal of President Chávez, the illegal detention of his supporters, and the arbitrary powers assumed by the de facto government. This, coupled with the increasingly determined efforts of President Chávez's followers to secure his release and return to power, led to the resignation of the new government and reinstatement of President Chávez on 14 April. The civil disturbance during these four days left at least 50 people dead and many more wounded. The government and opposition have continually accused each other of masterminding the violence for political advantage over the last year.

Political violence has also continued throughout the last year, resulting in the deaths of a number of pro and anti-government demonstrators and has repeatedly threatened further disintegration in the rule of law and human rights protection. In December 2002 the opposition called a second indefinite national stoppage which continued to February 2003. Social tension and political violence escalated in the context of the strike, which had a dramatic impact on the economy. Negotiations between government and opposition have continued throughout the year under the stewardship of the Secretary General of the Organization of American States, César Gaviria. A group of "friendly counties" was also established to facilitate this process and help find a negotiated solution to the political crisis.

Read more: <a href=web.amnesty.org>Venezuela, A Human Rights Agenda for the Current Crisis