A/HRC/45/CRP.11
CHAPTER I. INTRODUCTION AND FRAMEWORK
I.
Introduction
1.
In its resolution 42/25 of 27 September 2019, the Human Rights Council established
an independent fact-finding mission on the Bolivarian Republic of Venezuela (hereinafter
“Venezuela”) “to investigate extrajudicial executions, enforced disappearances, arbitrary
detentions and torture and other cruel, inhumane or degrading treatment since 2014 with a
view to ensuring full accountability for perpetrators and justice for victims”. The Human
Rights Council requested the Fact-Finding Mission to present a report on its findings during
an interactive dialogue at its forty-fifth session in September 2020.
2.
On 2 December 2019, the President of the Human Rights Council appointed Marta
Valiñas of Portugal, Paul Seils of the United Kingdom of Great Britain and Northern Ireland
and Francisco Cox of Chile to serve as the members of the fact-finding mission. Ms. Valiñas
was selected as chairperson. The Fact-Finding Mission (hereinafter “the Mission”) was
supported by a secretariat of 13 professional staff based in Panama City, consisting of a
coordinator, human rights investigators, legal and gender advisers, digital forensic and
military experts, and security, administrative and reporting officers.
3.
The Mission produced two reports, the report presented to the Human Rights Council
(A/HRC/45/33) and the present extended conference room paper, which provides a more
detailed description of the incidents, analysis and conclusions contained in the report
presented to the Human Rights Council.
4.
The report focuses on patterns of conduct within which the four mandated human
rights violations occurred. Within each pattern of conduct, the report analyzes specific
incidents in more detail as illustrative examples of the patterns within which they took place.
Given the focus of the mandate on accountability, the Mission sought to not only establish
and verify incidents and investigate the mandated human rights violations and crimes but
also to identify those responsible for such violations and crimes. In investigating the linkage
evidence between the crimes and those responsible, the Mission has sought to identify
command structures, patterns in conduct and indicators of control and discipline.
5.
In its resolution establishing the Mission, the Human Rights Council urges the
Venezuelan authorities to cooperate fully with the Fact-Finding Mission, to grant it
immediate, full and unfettered access to and throughout the country, including to victims and
places of detention, and to provide all the information necessary to fulfil its mandate (para.
25). The Human Rights Council specified that it would consider establishing a Commission
of Inquiry if the situation continues to deteriorate or if the Venezuelan authorities do not
meaningfully cooperate with the Office of the High Commissioner (para. 27).
6.
The mission deeply regrets that it was not able to visit Venezuela and undertake incountry fact-finding. The Members formally requested on 14 January 2020 to have a meeting
with the Permanent Representation of the Bolivarian Republic of Venezuela to the United
Nations in Geneva. This followed a similar request made by the Coordinator of the Mission
on 7 January 2020. On 3 March 2020, the Members formally requested access to conduct
investigations in Venezuela. The Mission also sent letters to the Government on 14 May
2020, 2 June 2020 and 7 August 2020 requesting information on issues of concern to the
mandate. On 21 July and 4 September 2020, the Mission wrote to the Government expressing
its intention to deliver the report to the Government ahead of publication for their
consideration and comments, and requesting details of how delivery should be made. All
correspondence was delivered to the Permanent Representative in Geneva and the letters of
3 March 2020 and 21 July 2020 were delivered in hard copy to the Chancellery in Caracas
as well. At the time of publication, the Mission had not received any response to these letters.
The Mission regrets not being able to meet with Venezuelan authorities, either within or
outside of the country, to discuss issues of relevance to the Mission’s mandate.
7.
The Mission had several constraints to the investigation, including lack of access to
Venezuela and witness protection concerns. These constraints increased in March 2020 when
the Covid-19 outbreak prevented the possibility of travel. The in-country movement
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