A/HRC/45/33
suggests that other reported cases are of lesser importance or credibility. In addition, the
mission reviewed an additional 2,891 reported human rights violations across its four
mandated areas to corroborate patterns. Owing to time and resource limitations, the mission
was not able to investigate all contexts involving violations relevant to its mandate, including
those within the Arco Minero del Orinoco region, and violations against indigenous peoples.
9.
Consistent with other fact-finding missions established by the Human Rights Council,
the mission used reasonable grounds to believe as the standard of proof. This standard is met
when factual information has been collected that would satisfy an objective and ordinarily
prudent observer that the incident has occurred as described with a reasonable degree of
certainty. The standard of proof required does not give rise to a finding of criminal
responsibility. It is for the appropriate criminal authorities to investigate the acts and conduct
documented in the report and establish criminal responsibility.
10.
In line with best practices, the mission devoted specific attention to gendered issues
and the gender impact of violations throughout its investigation. It used gender-sensitive
methodologies and tools for collecting, organizing and analysing information.2
11.
The mission assessed facts in the light of international human rights law and
international criminal law, as applicable in the Bolivarian Republic of Venezuela. The
mission also considered the human rights guarantees under Venezuelan domestic law and
other relevant aspects of national legislation.
III. Structural factors contributing to violations
12.
The violations documented in the present report took place amid a gradual breakdown
of democratic institutions and the rule of law in the Bolivarian Republic of Venezuela since
2014. The weakening of democratic, judicial and institutional accountability mechanisms
resulted in increasing impunity, which exacerbated the violations.
13.
The Bolivarian Republic of Venezuela continues to suffer hyperinflation, severe
shortages of food and medicine and a dire humanitarian crisis, which is aggravated by the
COVID-19 pandemic. As of April 2020, the situation had forced over 5 million Venezuelan
citizens, about one sixth of the population, to leave the country.
14.
The National Assembly, the State’s legislative branch, has been continuously stymied
since the opposition coalition won two thirds of the seats in December 2015. Since then, the
Supreme Court of Justice has continuously struck down laws that the legislature attempted
to pass. In September 2016, the Supreme Court held that all National Assembly legislation
was null and void (Judgment No. 808).
15.
Since August 2017, the National Constituent Assembly, convened by President
Maduro in May 2017 and later established by a popular vote, 3 has acted as a de facto
legislative branch, supplanting the functions of the National Assembly, which are mandated
by the Constitution (art. 187). In August 2020, President Maduro announced that the National
Constituent Assembly’s mandate would end, coinciding with the programmed elections of
the National Assembly.
16.
As the National Assembly was rendered ineffective, the executive took on
increasingly expansive powers. Since 2016, over 25 states of emergency have been declared
across the country, authorizing the President to take broad economic, social and security
measures. The Supreme Court’s constitutional chamber has upheld each of these, despite lack
of National Assembly approval, as required under the Constitution (art. 339).
17.
In December 2015, a total of 13 judges were appointed to the Supreme Court, in
violation of procedures established by law. Since then, the Court’s decisions have been
aligned with the executive. In March 2017, the Supreme Court assumed legislative functions
2
3
The conference room paper, which functions as a supplement to the present report, includes a chapter
on gender analysis and sexual and gender-based violence.
Presidential Decree No. 2830 of 1 May 2017.
3
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