A/HRC/44/54
between the victim and security forces. Relatives also reported that the burden of proof was
frequently placed on them to demonstrate that the victim was not a criminal. Most were
unable to afford the costs of the required court documentation.
23.
Relatives of victims also reported various forms of intimidation, threats and reprisals
by members of security forces to stop them from seeking justice. In the most serious cases,
this led to forced and prolonged displacement of family members or even, in some
instances, their killing.
24.
OHCHR identified challenges in guaranteeing adequate diligence in response to
claims of victims. Interviewees reported that staff working in the justice system are either
unable to process their claims and to follow up on cases – owing to a lack of training or
infrastructure – or they are reluctant to do so. Authorities sometimes discouraged them
from denouncing human rights violations, admitting powerlessness in investigating such
cases, or acknowledging they had received orders from superiors to not investigate,
especially in relation to alleged violations committed by security forces. Interviewees
reported that the main reasons for not approaching authorities include fear of
revictimization and lack of trust in the justice system.
25.
OHCHR documented that, in serious cases of alleged enforced disappearances,
courts often failed to act with due diligence. For example, it received information
concerning the alleged enforced disappearances of Lieutenant Colonel Juan Antonio
Hurtado Campos, in September 2018, and of Hugo Enrique Marino Salas – a civilian who
had worked as a contractor with the military – in April 2019. Their relatives have not
received responses to the habeas corpus requests filed in July 2019 and May 2019
respectively, and their whereabouts remain unknown.
26.
Sources informed OHCHR that when torture or ill-treatment were reported to judges
during hearings, they usually responded that it was not within their competence to address
such allegations, despite the obligation to investigate any torture allegations as required by
both the national law of the Bolivarian Republic of Venezuela and its international
obligations. In the few cases where the request to investigate was granted, no medical
examination was carried out and no inquiries were initiated.
27.
OHCHR documented 16 cases of alleged torture and ill-treatment committed from 1
June 2019 to 31 May 2020. The actual number of cases could be significantly higher, in
view of patterns of brief enforced disappearances and incommunicado and arbitrary
detention, which usually heighten the risk of torture and ill-treatment.27 OHCHR received
credible accounts that persons deprived of their liberty by the Directorate General of
Military Counter-intelligence had been subjected to sessions of one or more forms of cruel,
inhuman or degrading treatment that could amount to torture. Documented cases included
severe beatings with boards, suffocation with plastic bags and chemicals, submerging the
head of the victim under water, electric shocks to the eyelids and sexual violence in the
form of electric shocks to genitalia. Detainees were also exposed to cold temperatures
and/or constant electric light, handcuffed and/or blindfolded for long periods of time, and
subjected to death threats against themselves and their relatives. Victims of torture suffered
from psychological effects such as depression, insomnia, anxiety, post-traumatic stress
disorder and suicidal ideation. Common physical consequences were chronic pain, loss of
sensation in extremities, renal conditions, hypertension, injury to eyes and loss of vision.
OHCHR received reports that in some cases, doctors issued false or inaccurate medical
certificates not disclosing the signs of torture.
28.
A documented instance of torture is the case of retired Captain Rafael Acosta
Arévalo, who died in custody on 29 June 2019. Reports of his autopsy revealed that he had
suffered multiple blows. He had bruises, wounds and burns on various parts of his body, 15
broken ribs, and fractures to his nose and right foot. Two agents of the Directorate General
of Military Counter-intelligence were detained and accused of second-degree murder in that
case, but not of committing acts of torture. In September 2019, they were sentenced to six
years’ imprisonment after acknowledging responsibility, benefiting from a one-third
reduction in punishment.
27
6
A/HRC/44/20, paras. 46 and 49.
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