A/HRC/44/20
their sentences. Detention beyond the length of a sentence and in defiance of a judicial
order is manifestly arbitrary and unlawful under international law. 30
51.
OHCHR found that during the period covered by the report, some people had been
conditionally released with precautionary measures ordered at the pretrial stage, such as
weekly appearances before authorities. They were also prohibited from leaving the country,
commenting publicly on their cases or participating in political activities. These measures
have been imposed for months or years owing to delays in judicial proceedings. In the case
of journalists, these restrictions can considerably affect their ability to work, as illustrated
by the case of Luis Carlos Díaz, who was detained on 11 March 2019 for public incitement
and released with precautionary measures the day after. At the time of writing of the
present report, his preliminary hearing had still not taken place and he was unable to leave
the country or to comment on his case publicly, seriously affecting his professional and
personal life.
C.
Right to physical and moral integrity
1.
Torture and ill-treatment
52.
During the reporting period, OHCHR received allegations of torture and illtreatment. OHCHR observed that individuals deprived of their liberty were interrogated by
intelligence services following their arrest, either at the premises of the Directorate General
of Military Counter-intelligence or at non-official and unknown locations. It was mainly
during this period of time that victims had reportedly been subjected to ill-treatment and, in
some cases, torture. According to accounts gathered by OHCHR, such acts were aimed at
intimidating and punishing detainees, extracting confessions or incriminating others
through videos or written statements. Reports of physical and psychological torture of
military or ex-military personnel were common, while high-profile individuals, such as
members of parliament, did not report physical abuse.
53.
According to the Government, by May 2020, the Attorney General had carried out
361 investigations for torture and 9,951 investigations for ill-treatment. The investigations
resulted in 517 State agents being charged, 401 indicted, 167 deprived of their liberty and
26 convicted of torture and ill-treatment.31
2.
Conditions of detention
54.
OHCHR conducted 13 visits to 11 penitentiary centres, of which 10 were
administered by the Ministry for Penitentiary Services and 1 by the Ministry of Defence.
OHCHR interviewed 134 detainees during the visits. OHCHR acknowledges positive
cooperation with authorities who granted access to the centres.
55.
The Ministry for Penitentiary Services reported that it had reduced the level of
violence in the penitentiary system by investing in infrastructure and security, and by taking
control of all centres for women and adolescents and of 98 per cent of the centres for men,
through a new penitentiary regime. The Ministry had also implemented programmes to
provide primary and secondary education (Misiones Robinson and Ribas), to support the
family and social environment of inmates through social contributions to families (Plan
Chamba), and to address judicial delays when granting benefits to inmates, by offering
alternative measures to serving sentences (Plan Cayapa).
56.
The Ministry reported that it had been distributing food to 41 penitentiary centres,
reaching 39,723 inmates (37,482 men and 2,241 women), on a monthly basis. While the
Ministry reported ensuring three meals per day to inmates, OHCHR observed that access to
food was limited in the centres it visited. The Ministry reported 1,328 cases of malnutrition
of inmates in 2019.32 OHCHR also observed that access to water in the centres was limited
30
31
32
10
Human Rights Committee, general comment No. 35 (2014) on liberty and security of person, para. 11.
Response from the Government of the Bolivarian Republic of Venezuela to the OHCHR
questionnaire.
Ibid.
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