A/HRC/44/54
III. Access to justice, including for violations of economic and
social rights
17.
Victims of human rights violations continue to face legal, political and
socioeconomic barriers in accessing effective justice, with women experiencing genderspecific challenges.
A.
Violations of the rights to life and security of person
18.
In cases of violations of the right to life allegedly committed by security forces,
OHCHR identified obstacles faced by the Office of the Attorney General to conduct
effective investigations. One main structural obstacle is that criminal investigations
concerning crimes allegedly committed by members of security forces depend on the
forensic work of the Bureau for Scientific, Criminal and Forensic Investigations, which
reports directly to the Ministry of Interior, Peace and Justice. The Ministry supervises other
security agencies, such as the Bolivarian National Police and its Special Action Forces,
creating a potential conflict of interest and compromising the independence of the
investigation. The Bureau for Scientific, Criminal and Forensic Investigations also conducts
security operations, and some of its members have themselves allegedly been involved in
killings.25 Furthermore, OHCHR was informed that the operational capacity of the criminal
unit against the violation of fundamental rights, created by the Office of the Attorney
General to conduct its own forensic investigations into cases of human rights violations
committed by security forces, has been significantly diminished since 2017.
19.
The latest information provided to OHCHR by the Office of the Attorney General
indicates that from 1 August 2017 to 30 November 2019, investigations were opened
relating to alleged human rights violations by 766 members of security forces. This led to
505 officials being charged, 390 detained and 127 convicted. Of the convictions, 77
pertained to violations of the right to life, 18 to torture and ill-treatment, 6 to violations of
the right to integrity, 3 to violations of the right to liberty, 6 to sexual violence, and 2 to
enforced disappearances.
20.
In cases of deaths in the context of protests, relatives of victims informed OHCHR
that despite numerous requests for information from the Office of the Attorney General, the
Bolivarian National Guard had refused to provide the names of officers who had
participated in related operations. OHCHR also identified a high turnover rate of
prosecutors and judges in such cases, causing continuous delays in the proceedings and
therefore exacerbating the trauma of families. In the few cases where members of security
forces had been charged, there were numerous adjournments of the trial. Interviewees
informed OHCHR that when security officials are detained, they are not held in the
detention centres as ordered by the judiciary, but in police compounds where they
reportedly receive preferential treatment.
21.
The Office of the Attorney General reported it had registered 958 cases of human
rights violations related to protests that took place in 2014, 2017 and 2019. Of these cases,
474 were under investigation and 406 cases had been dismissed. A total of 44 individuals
had been charged in relation to the cases while 10 others were in detention awaiting the
outcome of their trials. 26 The information the Government provided did not specify if
members of security forces had been convicted for human rights violations committed in
the context of protests.
22.
When deaths occur in the context of security operations, the modus operandi of such
operations presents additional challenges for relatives of the victims who are seeking to
access justice. OHCHR documented that after such killings, security forces were usually
unwilling to give families information on the whereabouts of the victims. After days of
searching, family members generally find the victim’s body in a morgue. Families regularly
observed evidence of crime scenes having been manipulated to suggest a confrontation
25
26
A/HRC/44/20, para. 35.
Information provided by the Government of the Bolivarian Republic of Venezuela to OHCHR on 2
June 2020.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents