Amnesty International Report 2004 - Venezuela

Covering events from January - December 2003

Political polarization continued to destabilize Venezuela. Those responsible for killings and injuries during the failed coup of 11 April 2002 were not brought to justice. There were continued reports of widespread unlawful killings and torture of criminal suspects by the police. Poor and overcrowded prison conditions resulted in repeated protests by inmates. A human rights defender was killed and a number of others received threats. There were reports of harassment of journalists. Political killings were reported in the border region with Colombia and many of those fleeing the Colombian conflict continued to be at risk.

Background

The national stoppage called by the opposition at the end of 2002 to try to force President Chávez from office continued until February 2003, but failed in its objective. The stoppage had a crippling impact on the economy, lowering the standard of living for many. Internationally sponsored negotiations led to an agreement in May committing both sides to seek a "constitutional, peaceful, democratic and electoral solution" to the crisis. The National Electoral Council's decision on a referendum on Hugo Chávez' presidency remained pending at the end of the year.

Over the year, the number of reports of political violence fell against a background of continuing negotiations between the government and opposition. However, a number of bombs exploded in various locations, including outside some embassies, raising concerns of further destabilization. There were a number of arrests in November in connection with these attacks; investigations were continuing at the end of the year.

Police brutality

The National Guard and police were accused on a number of occasions of using excessive force in the context of the political crisis.

• In January, during the national stoppage, strikers and protesters at a bottling plant in Valencia, Carabobo State, were reportedly beaten and intimidated by the National Guard.

• In September the National Guard reportedly used excessive force and threats during the eviction of sacked national oil industry employees and their families from a company-owned housing development.

Media

The mutual hostility between private media organizations and the government continued. A number of journalists were reportedly threatened and attacked, but the authorities apparently failed to conduct effective investigations. The media accused the authorities of seeking to use administrative powers to curtail press freedoms.

In July the Supreme Court ruled against the implementation of a general recommendation by the Inter-American Commission on Human Rights to abolish antiquated laws on disrespect for authority. The laws violated international standards on freedom of expression by potentially criminalizing the publication of allegations against public officials.

Access to justice

Elements of draft legislation to regulate the composition and functions of the Supreme Court threatened to give unprecedented powers to the National Assembly and potentially undermined the Court's independence.

Insufficient numbers of prosecutors, investigative police and judges contributed to serious deficiencies, including long delays, in the justice system. Almost half of all prisoners were held on remand. Prison overcrowding led to repeated protests against judicial delays and conditions of detention. There were also continuing concerns about the independence and impartiality of the judiciary, the Public Prosecutor's Office and the Human Rights Ombudsman.

Impunity

Those responsible for the deaths of at least 50 people and the wounding of many others during the failed coup between 11 and 14 April 2002 were not brought to justice. Despite considerable evidence, only a small number of those implicated were identified and prosecuted. The quality of the prosecutions and the role of the judiciary raised serious doubt about the willingness or ability of the state to ensure justice. Four suspects accused of firing on police and protesters from the Puente Llaguno in central Caracas were acquitted on the grounds that they had acted in self-defence. Eight Metropolitan Police officers remained in custody pending trial at the end of the year in connection with the deaths of the protesters.

Killings and torture by police

There were continuing reports of unlawful killings of criminal suspects by police. The victims were routinely accused of resisting arrest, although in many cases witnesses challenged the police version of events. Victims, witnesses or family members who reported such abuses were frequently threatened or attacked. No effective witness protection program was made available.

The use of torture also remained common in many police forces. Investigations into allegations of human rights violations by police were often ineffectual and helped create a climate of impunity for the officers responsible.

• In May, Enmary Cava was shot and killed by a gunman in the streets of Cagua, Aragua State. She and her family had been repeatedly threatened after they called for an investigation into the killing of two of their brothers and their father by Aragua State police in January. Threats against the family continued throughout the year despite the detention of a number of police officers in connection with the killings.

Human rights defenders

At least one human rights activist was killed in the border region with Colombia. Other human rights defenders were threatened and harassed. The response of the authorities to threats against defenders was inadequate.

• In August, José Luis Castillo was shot and killed by two gunmen in Machiques, Zulia State. He was a member of the church-based organization, Vicariato Apostólico de Machiques, Apostolic Vicariate of Machiques, working with local communities and Colombian refugees. His wife and child were also injured. A few days later the Vicariato Apostólico de Machiques received an anonymous call threatening other staff for their human rights work.

The border and refugees

The conflict in Colombia continued to spill over into Venezuela's border states where the reported presence of paramilitary and guerrilla forces gave rise to scores of political murders. Civilians continued to flee the conflict in Colombia, but conditions in the border states were frequently precarious. In July the government established a National Refugee Commission to assess asylum applications, but the Commission was still not operational at the end of the year.

• In April Jorge Nieves, leader of the political party Patria para Todos, was shot and killed in Guasdualito, Apure State. Throughout the 1990s Jorge Nieves had been a leading human rights activist working in the border area.

Inter-American Commission on Human Rights

President Chávez' administration appeared increasingly averse to scrutiny by international human rights bodies, such as the Inter-American Commission on Human Rights. There was concern at the authorities' failure to comply fully with the recommendations issued by the Commission and by the Inter-American Court of Human Rights. However, in November the government committed itself to comply with the Court ruling to pay compensation to relatives of the victims of the widespread civil disturbances of 1989, known as the Caracazo.