A/HRC/45/CRP.11 October 2014.484 The Ministry of Defence is in charge of “formulating, adopting, monitoring and evaluating the policies, strategies, plans and projects” in the defence sector.485 The President may transmit orders of an operational nature through the Minister of Defence”. 486 The Ministry has under its responsibilities the control and maintenance of the intelligence and counter-intelligence system of the FANB.487 Military Involvement in Public Order 194. The military has taken on an increasingly expansive role in maintaining public order, including in the context of protests. The Constitution grants the GNB a “basic responsibility for conducting operations as required to maintain internal order within the country”.488 The November 2014 Organic Law of the FANB authorized the GNB to intervene in matters of public order and to “Cooperate with the criminal investigation police, special administrative police and general administrative police functions in accordance with the law”.489 The 2020 Constitutional Law490 replacing the 2014 presidential decree makes several references to the FANB’s responsibility to maintain public order, including through the GNB, 491 CEOFANB492 and the commanders of the REDIs and ZODIs. 493 195. In September 2014, the Minister of Defence enacted resolution No. 6574 “creating and activating” a “shock force” (fuerza de choque) within the FANB, although its precise function was not detailed. In Resolution No. 8610 of January 2015, the Minister of Defence authorized the FANB to intervene in public meetings and demonstrations and to use lethal force “if necessary” in accordance with principles of progressive use of force. 494 The resolution outlines the FANB response to each stage of violence in protests. This includes dissuasive dialogue when there is verbal violence, painless physical control when there is passive violence, the use of non-lethal intermediate weapons when there is active violence, and the use of partially lethal force with firearms or other potentially lethal weapons, when there is a situation of “mortal risk”.495 196. On 1 April 2015, General Nestor Reverol Torres, at the time General Commander of the National Guard,496 issued a general order circulating a manual with operational rules and procedures for special administrative police and criminal investigators in matters of public order. The manual describes GNB actions in responding to situations threatening public order. According to the manual, “those individuals, who can be national or foreigners, who are on national territory and maintain positions opposed to those of the Government” are 484 485 486 487 488 489 490 491 492 493 494 495 496 Venezuelan Officials Allegedly Partnered With the FARC to Use Cocaine as a Weapon to “Flood” the United States, 26 March 2020, available at: https://www.justice.gov/opa/pr/nicol-s-maduromoros-and-14-current-and-former-venezuelan-officials-charged-narco-terrorism. See http://www.mindefensa.gob.ve/mindefensa/ministrodefensa/. 2020 Constitutional Law of the FANB, art. 30. 2020 Constitutional Law of the FANB, art. 48. 2020 Constitutional Law of the FANB, art. 31.9. 1999 Constitution, art. 329. Organic Law of the National Bolivarian Armed Forces (hereinafter 2014 Organic Law of the FANB), Presidential Decree No. 1439, 17 November 2014, published in Official Gazette No. 6156, art. 65, available at: https://pandectasdigital.blogspot.com/2016/07/ley-organica-de-la-fuerza-armada.html. National Constituent Assembly, Constitutional Law on the National Bolivarian Armed Forces, published in the Official Gazette No. 6508, 30 January 2020, available at: https://pandectasdigital.blogspot.com/2020/02/ley-constitucional-de-la-fuerza-armada.html. Ibid., art. 73. Ibid., art. 49. Ibid., art. 56. Resolution of the Minister of Popular Power and Defence No. 8610, 26 December 2014, published in Official Gazette No. 40.589, 27 January 2015, available at: https://docs.google.com/file/d/0B8fhBobOcJfUQm9udmV6WlNuMHM/view Ibid., art. 22. Minister of the Interior at the time of writing. 53