A/HRC/45/CRP.11
resorted to only when strictly necessary in order to protect life or prevent serious injury from
an imminent threat.1849
1042. The OLPs/OLHPs present a clear pattern of Government authorities claiming that
deaths took place during a “confrontation” or the victims were “resisting authority”. In most
of the cases, family members of the fatal victims, including women, older persons and
children, were removed from the houses by the security forces, so there were few
eyewitnesses of the death. However, the information suggests that security forces used lethal
force against the victim when it was not strictly unavoidable to protect lives:
• In all five cases investigated by the Mission, family members and other eyewitnesses
last saw the victim alive under the control of various armed security officials, meaning
that it would have been difficult for him to have accessed a gun and/or escaped from
the officers.1850 This was the case, for example, of a teenager in the Jardines del Valle
hbourhood, who was last seen alive by his family on his bed in his underwear,
surrounded by police officers.
• Victims received fatal shots to vital areas, sometimes at point blank range. The
Mission reviewed 18 autopsy reports, related to 35 victims, in which shots were fired
to the head, neck and the thorax.1851 The fatal shots would suggest that security forces
did not attempt to employ non-lethal methods of control, de-escalation or restraint
prior to use of lethal force.
• Very few security forces died or were injured in the OLPs, which could suggest the
absence of an armed confrontation. In the 140 cases reviewed by the Mission, only 12
security officers were injured (in five operations). No deaths were reported.
1043. Victims and witnesses to OLP/OLHPs repeatedly alleged that security forces had
planted information or simulated confrontations.1852 Allegations of cover-ups documented in
the cases investigated and reviewed by the Mission, include planting weapons or contraband,
shooting walls of the house to make it look like a gunfight took place, and firing shots in the
air while shouting statements to simulate the victim’s attempted escape.
1044. In light of the above, the Mission has reasonable grounds to believe that the
individuals killed in the cases investigated in OLP/OLHP operations were arbitrarily
deprived of their life in violation of article 6 of the ICCPR and applicable national legislation.
Arrests and Detentions
1045. The prohibition of arbitrary deprivation of liberty is provided by the ICCPR 1853 and
the Venezuelan Constitution.1854 The Venezuelan Criminal Code punishes arbitrary detention
with a maximum penalty of three and a half years,1855 which can be increased to five years
with aggravating circumstances, including threats, violence or any other forms of
coercion.1856
1849
1850
1851
1852
1853
1854
1855
1856
206
See Code of Conduct for Law Enforcement Officials, commentary to art. 3 and Basic Principles on
the Use of Force and Firearms by Law Enforcement Officials, para. 9. These instruments, and in
particular their provisions on the use of force as they relate to the right to life and physical integrity—
article 3 of the Code of Conduct and principle 9 of the Basic Principles—are relied upon as
authoritative by regional courts. See, for example, Inter-American Court of Human Rights, MonteroAranguren et al. (Detention Center of Catia) v. Venezuela, 5 July 2005, IACtHR Ser. C No. 150,
paras. 68-69; Zambrano Vélez et al. v. Ecuador, 4 July 2007, IACtHR Ser. C. No. 166, para. 84. See
also the Principles on the effective prevention and investigation of extra-legal, arbitrary and summary
executions (Minnesota Protocol).
Case 20, 21, 22, 23, 24 detailed below.
Based on the review by the Mission of 18 autopsy reports and 12 casefiles the Public Prosecutor’s
Office in the Barlovento case.
La Cota, 13 July 2015 and 10 May 2016, OLP Santa Rosa de Agua, Maracaibo, Zulia (September
2015), OLHP in Jardines del Valle, Caracas (2017).
ICCPR, art. 9.
1999 Constitution, art. 44.
Criminal Code, art. 176.
Criminal Code, art. 175.
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