A/HRC/45/CRP.11
misappropriation of trillions of dollars of public resources. 213 Many of the accusations relate
to crimes involving the State oil company Petróleos de Venezuela, SA. – PDVSA. Different
foreign States have sanctioned 195 high-level Venezuelan authorities for human rights
violations, drug trafficking and corruption-related activities.214 Former high-ranking officials
have denounced widespread corruption in the Maduro Government. 215
1.
Interference with the National Assembly
118. When the opposition won two-thirds of seats in December 2015,216 the National
Assembly became the only state institution not aligned with President Maduro. Since then,
its actions have been thwarted. The Supreme Court of Justice, following requests by the
President for constitutional review, consistently struck down laws that the opposition-led
National Assembly attempted to pass.217 Laws annulled include a law on reforms to the Law
on the Central Bank of Venezuela;218 a law on food and medicine bonuses for pensioners and
retirees;219 a law on amnesty and national reconciliation;220 and a law to address the national
health crisis.221
119. Several of these have been on the basis of the continued “contempt” with the Supreme
Court’s January 2016 judgment regarding the election of deputies from Amazonas state. It
was on this base that the Supreme Court also lifted the parliamentary immunity of 32 deputies
of the National Assembly. Also as a result of this continued incompliance, since early 2017,
the National Assembly has operated without financial support, meaning that members of
parliament receive no wages nor have budgets to travel to their constituencies, following a
decision of the Supreme Court prohibiting the executive to disburse salaries. 222
120. Through a series of judgments, the Supreme Court has limited the constitutional
powers of the National Assembly, leaving few subjects upon which the National Assembly
could legislate.223 This comprises all matters covered in the various states of exception issued,
213
214
215
216
217
218
219
220
221
222
223
28
Brazil, Bulgaria, Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Italy,
Liechtenstein, Mexico, Panama, Portugal, Puerto Rico, Spain, Switzerland, Uruguay and the United
States). This information was collected and provided to the Mission by Transparency International.
Ibid.
List of Venezuelan officials sanctioned by Canada, European Union, Panama, Switzerland, the United
States and member countries of the Inter-American Treaty of Reciprocal Assistance (TIAR) and drug
trafficking, 7 July 2020, document on file with the Mission.
See New York Times, El exjefe de inteligencia militar de Venezuela abandona a Maduro y denuncia
corrupción y narcotráfico en el gobierno, 21 February 2019, available at:
https://www.nytimes.com/es/2019/02/21/espanol/america-latina/venezuela-maduro-hugocarvajal.html. Mr. Carvajal himself is under investigation for drug trafficking. See indictments:
https://drive.google.com/file/d/1AF5dAo21Kx380IUxLcwbl7YlYXDTGwVs/view and
https://www.justice.gov/usao-sdny/press-release/file/1154246/download. Ex Attorney General Luisa
Ortega Díaz posted shared a video on her twitter account of the president of Odebrecht-Venezuela
stating that he had agreed to make payments to President Maduro. See tweet:
https://twitter.com/lortegadiaz/status/918535944432766977; See also United States District Court,
Eastern District Of New York, U.S. Plea Agreement v. Odebrecht S.A., Defendant, available at:
https://www.justice.gov/opa/press-release/file/919916/download. See also
https://armando.info/Series/Details/25.
The MUD received 65.27 per cent, the United Socialist Party of Venezuela (Partido Socialista Unido
de Venezuela – PSUV) received 32.93 per cent and the Indigenous Representation party
(Representación Indígena) received 1.80 per cent of the vote. See National Electoral Council, results
of the 2015 election of the National Assembly, available at:
http://www.cne.gob.ve/resultado_asamblea2015/r/0/reg_000000.html?.
See compilation by Acceso a la Justicia, available at: https://www.accesoalajusticia.org/wpcontent/uploads/2020/05/Cuadro-TSJ-vs-AN-127-sentencias-1-1.pdf.
Judgment No. 259 of 31 March 2016.
Judgment No. 327 of 28 April 2016.
Judgment No. 411 of 19 May 2016.
Judgment No. 460 of 9 June 2016.
Judgment No. 5 of 19 January 2017, available at: https://www.accesoalajusticia.org/wpcontent/uploads/2017/01/SC-N%C2%BA-05-19-01-2017.pdf.
The competencies of the National Assembly are listed in article 187 of the 1999 Constitution.
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