Amnesty International Report 2003 - Venezuela

Covering events from January - December 2002

BOLIVARIAN REPUBLIC OF VENEZUELA
Head of state and government: Hugo Chávez Frías
Death penalty: abolitionist for all crimes
International Criminal Court: ratified

At least 50 people were killed and many more wounded in the context of a failed coup to remove President Chávez in April. Political polarization, violence and repeated rumours of coups increased instability and threatened to lead to further serious human rights abuses. There were widespread reports of police killings in several states. There were a number of threats and attacks on journalists and opposition supporters. At least three peasant farmer leaders were killed. The criminal justice system failed to respond adequately to these crimes, undermining the rule of law. There were repeated mass demonstrations both in support of and against the government. On a number of occasions excessive force was used by the security forces to disperse protesters. There were several reports of torture and ill-treatment of criminal suspects. There was concern about the plight of refugees fleeing the escalating conflict in Colombia.

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Background

Economic, social and political tensions led to an indefinite national strike on 9 April by supporters of the opposition movement demanding the immediate resignation of President Chávez. On 11 April a mass opposition demonstration converging on the presidential palace met pro-Chávez demonstrators in downtown Caracas. Demonstrators, the Metropolitan Police and the National Guard clashed and there were heavy exchanges of gunfire. Twenty people died from gunshot wounds and over 60 were injured. The ensuing crisis led to President Chávez' removal from office and detention by the military. A de facto joint civilian-military administration was established under the opposition leader Pedro Carmona, head of Fedecamaras, the employers' association. The de facto government issued draconian decrees, including the closure of the National Assembly and the summary dismissal of the Supreme Court, the Attorney General and the Human Rights Ombudsman. Police carried out raids on a number of homes of supporters of President Chávez. Among 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. On 14 April the new government resigned and President Chávez was reinstated. The civil disturbance during these four days left at least 50 people dead and many more wounded. The government and opposition accused each other of instigating the violence for political advantage.

Following the coup, national and internationally sponsored efforts were made to negotiate a peaceful solution to the political crisis, including mediation by the Secretary General of the Organization of American States. In December the opposition called a second indefinite general strike which continued into 2003. Social tension and political violence escalated in the context of the strike, which had a dramatic impact on the economy.

Climate of violence and impunity

The opposition alliance, built around Fedecamaras, the Confederación de Trabajadores de Venezuela, the largest trade union, and large privately owned media interests, continued to press for President Chávez' resignation. The government accused the media of unethical and biased coverage of events, while President Chávez was accused of continuing to encourage attacks on journalists with inflammatory public statements. There were a series of attacks and threats against journalists and media interests during the year. The lack of effective investigations into the violence helped generate a climate of impunity.

There were reports that some members of the Círculos Bolivarianos, grass-roots community groups established to support President Chávez' political project, were armed and had intimidated and attacked people identified with the opposition, including journalists. The authorities denied arming these groups or sponsoring illegal actions against the opposition. Official investigations failed to clarify many of the alleged incidents. A law to disarm the civilian population was passed in September, but remained largely unimplemented.

The armed forces

The involvement of the armed forces in the political crisis continued to cause instability and concern. While the authorities sought to prosecute officials allegedly involved in the coup, sectors of the opposition pressed the military to refuse to acknowledge the authority of the President. In August, under intense pressure from both government and opposition, the Supreme Court ruled that there were insufficient grounds to prosecute high-ranking military officials for "military rebellion" in connection with the April coup. This controversial decision led to protests by President Chávez' supporters. In September the government created militarized security zones in the capital for the protection of strategic installations from opposition demonstrations. In October a number of military officials occupied the Plaza Altamira demanding the resignation of President Chávez and refusing to acknowledge his authority. In November the government ordered the army to take over control of the Metropolitan Police, a measure ruled unconstitutional by the Supreme Court in December.

Investigations into April events

Investigations into the April events were severely hampered by the failure to protect crime scenes and to properly register and examine the dead and wounded; a lack of resources and coordination between different agencies; the failure of the Metropolitan Police and the National Guard to cooperate fully with investigators; and the perceived lack of impartiality of the investigating bodies. Despite this, the mass of photographic evidence, testimony and reconstruction of events enabled investigators to identify several of those responsible. At the end of the year, at least five supporters of President Chávez were detained awaiting trial and arrests warrants had been issued for another four. Eight Metropolitan Police officers were also facing charges, but remained at liberty. Questions remained about the possible role of unidentified sharpshooters firing from the upper floors of a downtown building; the violations committed between 12 and 14 April; and chain-of-command responsibility.

The precedent of impunity for similar crimes in the past and serious questions about the credibility and impartiality of the judiciary, the Attorney General's Office, police forces and the Human Rights Ombudsman, led non-governmental human rights organizations to propose the creation of a Truth Commission to carry out an impartial non-judicial investigation into human rights violations. However, the Legislative Assembly failed to provide adequate support for the proposal to go ahead.

Extrajudicial killings

There were continued reports of scores of extrajudicial executions of perceived criminal suspects by police, or groups linked to the police, in a number of states including Portuguesa, Falcón, Aragua, Anzoategui and Bolivar. Witnesses or relatives who reported these crimes were often themselves threatened or attacked. Despite the existence of clear evidence in many cases, police forces routinely presented these killings as acts of self-defence or suspects resisting arrest. No officials were prosecuted.

• In May a journalist filmed the detention of Luis Gregorio Ojeda by police in the university in Barcelona, Anzoategui. Two hours later Luis Gregorio Ojeda's body was found at a hospital with two gunshot wounds. Despite evidence proving he was alive when taken into custody, the police claimed he had been fatally wounded while resisting arrest at the university. Since 2000, there have been over 150 similar cases reported in Anzoategui alone; no one has been brought to justice.

At least three indigenous peasant land activists were murdered in reprisal for their efforts to secure land rights for their communities.

• On 19 September Armando Douglas García and Carlos Ramón Parra were killed in the community of Encontrados, municipality of Catatumbo, Zulia state, by gunmen reportedly hired by a local landowner. The official investigation led to the detention of the alleged gunmen; they remained in prison awaiting trial at the end of the year. Those responsible for ordering the shootings and hiring the gunmen had not been arrested or charged by the end of the year.

Torture, ill-treatment and excessive use of force

There were persistent reports of torture in different parts of the country and of prison conditions amounting to cruel, inhuman or degrading treatment. National and local police forces frequently used excessive force to break up demonstrations or when detaining criminal suspects. There was no information on investigations into these abuses leading to disciplinary action or prosecution. Legislation to reform the structure of police forces was debated, but remained pending at the end of the year.

In November the UN Committee against Torture considered Venezuela's report. The Committee concluded that there were important improvements in the legal framework for preventing torture, but raised concern that many of these provisions remained inadequately implemented. In particular the Committee stressed the urgent need for legislation to specifically criminalize acts of torture.

• On 15 June Miguel Cerdá was stopped by the municipal police of Chacao, Caracas. He was reportedly beaten and, when he protested, the police officer sprayed tear gas in his face. Other officers subsequently beat him repeatedly in the stomach and ribs before taking him to the police station. No investigation was known to have been initiated into the incident.

Refugees

The escalating conflict in Colombia led to new influxes of civilians fleeing across the border into Venezuela. There were reports of Colombian paramilitary and armed opposition groups operating inside Venezuela's border, heightening tension in the area. Legislation passed in 2001 to increase protection for asylum-seekers and refugees in Venezuela was not implemented.

Human rights defenders

Non-governmental human rights organizations continued to play a vital role in highlighting human rights violations throughout the country. However, criticism of the authorities or the opposition sometimes led to verbal attacks on the integrity of human rights defenders, intimidation and threats.

The Inter-American system

Following a visit to Venezuela by its representatives, the Inter-American Commission on Human Rights stressed the urgent need to strengthen human rights protection measures and institutions. The Commission issued protection orders on behalf of a number of journalists and a human rights organization.

The Inter-American Court of Human Rights ordered the Venezuelan state to compensate 44 of the victims of human rights abuses committed during the widespread civil disturbances of 1989, known as Caracazo, in which hundreds died. The Court also reiterated its ruling that those responsible be brought to justice and that security force procedures be reviewed to ensure that they conformed to international standards.

AI country visits

AI delegates visited Venezuela in April and November, meeting with a number of officials, including President Chávez. A memorandum outlining AI's concerns was sent to the government following the April visit. No reply had been received by the end of the year.