A/HRC/45/CRP.11
some political prisoners were released in accordance with the recommendations of the
Commission.275
132. In 2018, the National Constituent Assembly named Attorney General Tarek William
Saab Halabi as the president of the “Truth Commission”, replacing the former president of
the National Constituent Assembly, Delcy Eliona Rodríguez Gómez, who had been
appointed Vice President.276 In July 2018, the mandate of the commission was extended, in
light of the “new acts of violence [that have taken place] for political reasons, which should
be duly investigated”.277 It is unclear whether any cases have been passed to the Public
Prosecutor’s Office for follow up or how these bodies interact. The Commission ended its
functions on 31 December 2019.
3.
Executive Consolidation of Power
133. As the opposition has been debilitated, the executive has taken on increasingly
expansive powers. Under the 1999 Constitution, the executive power is exercised by the
President, the Executive Vice-President, the Cabinet Ministers and other officials determined
by law.278 As at 2020, there are 33 ministers of “Popular Power” within the Maduro cabinet,
the largest cabinet in Latin America. Since 2014, around 25 to 30 per cent of these have been
former or active military personnel.279
134. Article 236 lays out the President’s powers, which includes acting as commander in
chief of the military. However, for over four years, President Maduro has expanded
governing powers beyond those enumerated in article 236 of the Constitution thorough
decrees declaring states of exception and emergency.
135. The Constitution allows for the adoption of states of exception in social, political,
natural or ecological situations “which seriously affect the security of the Nation, institutions
and citizens”.280 In such cases, the guarantees enshrined in the Constitution may be
temporarily restricted, except those referring to the right to life, the prohibition of
incommunicado detention or torture, the right to due process, the right to information and
other intangible human rights.281
136. States of economic emergency may be declared when extraordinary economic
circumstances arise and these shall last 60 days, with the possibility of extension for the same
period.282 Under the Organic Law of States of Exceptions, during states of exception, the
executive has broad powers to enact “all the measures” considered pertinent to the
275
276
277
278
See e.g., BBC, Venezuela: liberado un primer grupo de presos “por motivos políticos”, entre los que
está el exalcalde Daniel Ceballos, 1 June 2018, available at: https://www.bbc.com/mundo/noticiasamerica-latina-44339017.
See Constitutional Decree of 19 June 2018, published in the Official Gazette No. 41.423, 20 June
2018, available at: https://pandectasdigital.blogspot.com/2018/06/decreto-constituyente-mediante-elcual_21.html.
See Decree Constituyente de modificación de la Ley Constitucional de la Comisión para la Verdad, la
Justicia, la Paz y la Tranquilidad Pública, published in the Official Gazette No. 41.667 of 3 July 2019,
art. 4, available at: https://pandectasdigital.blogspot.com/2019/07/decreto-constituyente-demodificacion.html#.
1999 Constitution, art. 225.
279
https://www.controlciudadano.org/noticias/control-ciudadano-militares-pierden-influenciaen-el-gabinete-de-maduro.
280
1999 Constitution, art. 337.
Ibid., Article 7 of the 2001 Organic Law on the States of Exceptions (Gaceta Oficial NO.37.261 de
fecha 15 de agosto de 2001) indicates what these intangibles rights are, in accordance with articles
339 of the Constitution, 4.2 of the ICCPR and 27(2) of the American Convention on Human Rights,
namely the right to: life; recognition of legal personality; protection of the family; equality before the
law; nationality; personal liberty and the prohibition of the practice of enforced disappearance of
persons; personal, physical, psychological and moral integrity; not to be subjected to slavery or
servitude; freedom of thought, conscience and religion; the legality and non-retroactivity of laws,
especially criminal laws; due process of law; constitutional protection; participation, suffrage and
access to public service; and information.
Ibid., art. 338.
281
282
33
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