A/HRC/44/20
identified as the alleged perpetrator. In addition, seven cases were attributed to the Bureau
for Scientific, Criminal and Forensic Investigations; three cases to armed colectivos; two
cases to the National Bolivarian Police; one case to the Directorate of Criminal
Investigation; one case to the National Anti-Extortion and Kidnapping Command of the
Bolivarian National Guard. Moreover, one death occurred in custody and was allegedly
committed by the Bolivarian National Guard. The pattern identified in these cases is similar
to that described in the report of the High Commissioner of July 2019 to the Human Rights
Council.27
37.
The victims of the killings documented by OHCHR were all young men, mostly
under the age of 30, belonging to low-income families in disadvantaged neighbourhoods
marked by high crime rates. Some victims had a criminal record, while others did not and
were allegedly targeted for personal revenge or due to mistaken identity.
38.
The Government reported that from 2017 to the first trimester of 2020, a total of 731
members of security forces were accused of homicide. Of those accused, 492 were charged,
436 were deprived of their liberty and 117 were convicted for homicide. 28 In the same
period, the Office of the Attorney General initiated 4,890 investigations for killings in the
context of security operations. As of March 2020, a total of 4,861 of the investigations were
in a preliminary phase, 15 in an intermediate phase and 13 in the trial phase. The
perpetrator was convicted for homicide in one case.29
39.
OHCHR presented to the Directorate for the Protection of Human Rights of the
Office of the Attorney General a list of 28 alleged killings perpetrated in the context of
security operations conducted between May 2016 and November 2019. According to the
Office of the Attorney General, all cases were still under investigation, pending the receipt
of information – e.g., result of the autopsy, ballistic comparison and criminal record of the
victim – from investigative bodies, in particular from the Bureau for Scientific, Criminal
and Forensic Investigations. Witnesses were reportedly interviewed in one case.
B.
Right to liberty
40.
During the reporting period, OHCHR documented restrictions to the right to liberty
of demonstrators, and media and health workers, including in the context of the COVID-19
pandemic. It also documented violations of due process in cases of persons charged for
crimes such as treason, rebellion, public incitement, conspiracy, attempted assassination,
terrorism or funding of terrorism.
41.
In the context of protests related to public services, OHCHR documented the
detention of 17 demonstrators throughout the country, including children and older persons.
It also documented three cases of torture and a sexual assault of demonstrators detained by
members of security forces in Lara State on 20 May.
42.
Four media workers were victims of arbitrary arrests by security forces, and seven
were granted precautionary measures by a judge while awaiting trial. Many reported facing
additional difficulties extending to loss of employment and having bank accounts closed.
Four journalists have gone into hiding for fear of detention. OHCHR documented eight
cases of security forces, local authorities and armed colectivos intimidating or impeding
journalists from covering the health crisis, as well as six journalists and media workers
arrested while reporting on COVID-19 cases. Three of them were charged under legislation
against hate speech.
43.
During the reporting period, OHCHR also documented the arbitrary arrest of three
health professionals for denouncing the lack of basic equipment, providing information
about COVID-19 or criticizing the Government’s response to the pandemic. OHCHR
documented the brief detention by the Bolivarian National Guard of a human rights
defender who was assisting individuals protesting in Lara State.
27
28
29
8
A/HRC/41/18, paras. 47–52.
Response from the Government to the OHCHR questionnaire.
Ibid. OHCHR did not receive disaggregated data related to the reporting period.
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