A/HRC/45/CRP.11
107. In May 2019, President Maduro passed a Presidential Decree expelling 55 members
of the Venezuela armed forces, including Manuel Cristopher Figuera, then director of the
Bolivarian National Intelligence Service (SEBIN), who had joined the overthrow attempt.
The National Constituent Assembly194 lifted the parliamentary immunity of seven members
of the National Assembly and the Supreme Court195 announcing that it would prosecute them
for crimes of treason, conspiracy, instigation to commit insurrection among others, in relation
to the “Operation Freedom”.
108. Between May and August 2019, the international community brokered talks between
the two sides, but without success. The Government eventually broke off negotiations
following a new round of sanctions issued by the United States. 196
109. In January 2020, Juan Guaidó was expected to be re-elected as president of the
National Assembly, given the majority of opposition deputies. 197 However, on 5 January
public security forces, in particular members of the Bolivian National Guard, the National
Bolivarian Police and Caracas police, with the alleged support of armed citizen groups called
“colectivos” (collectives), blocked his entrance and the entrance of other opposition deputies
to the legislature.198
110. Inside the parliamentary building, Maduro supporting members of Congress took a
vote to elect deputy Luis Parra, the candidate backed by the Maduro Government, to lead the
National Assembly.199 A simple majority of deputies were not present, as required under the
Constitution to elect the president.200 Lawmakers loyal to Mr. Guaidó later held a parallel
vote. They re-elected Mr. Guaidó.201 However, on 26 May 2020, the Supreme Court issued a
judgment ratifying the selection process of Luis Parra, declaring him president of the National
Assembly.202
111. On 13 June 2020, the Supreme Court appointed new members of the National
Electoral Council,203 despite that under the 1999 Constitution, this is a power reserved to the
194
195
196
197
198
199
200
201
202
203
26
See Resolution of the National Constituent Assembly, published in the Official Gazette No. 41.627,
available at: https://www.finanzasdigital.com/2019/05/gaceta-oficial-n-41-627-sumario/.
See YouTube Video, TeleSurtv, Venezuela: TSJ ordena juicio contra 7 diputados opositores, 7 May
2019, available at: https://www.youtube.com/watch?v=orMh9VgJJPo.
Executive Order 13884 of 5 August 2019, blocking (freezing) the property and interests of the
Maduro Government in the United States and within the control of U.S. persons. See: VenezuelaRelated Sanctions at https://www.state.gov/e/eb/tfs/spi/venezuela/. See also Congressional Research
Service, Venezuela: Overview of U.S. sanctions, available at: https://fas.org/sgp/crs/row/IF10715.pdf
(the US Treasury department currently has sanctions on an additional 91 Venezuelan officials,
including President Maduro; his wife, Cecilia Flores, and son, Nicolás Maduro Guerra; Executive
Vice President Delcy Rodríguez; Diosdado Cabello (Socialist party president); eight supreme court
judges; the leaders of Venezuela’s army, national guard, and national police; four state governors; the
director of the central bank; and the Foreign Minister).
1999 Constitution, art. 194 requires the National Assembly to elect a president at the start of each
year.
Mission interview PCHH01 in May 2020. See e.g., InfoBae, Juan Guaidó y un grupo de diputados
lograron quebrar el cerco policial y sesionaron en la Asamblea Nacional: “Fue una hazaña”, 7 January
2020, available at: https://www.infobae.com/america/venezuela/2020/01/07/en-vivo-tension-envenezuela-juan-guaido-intentara-ingresar-a-la-asamblea-nacional-y-el-chavismo-anuncio-que-no-lepermitira-presidir-la-sesion/.
See YouTube Video, Cadena SER, Juan Guaidó intenta entrar en la Asamblea Nacional mientras la
policía se lo impide, 5 January 2020, available at: https://www.youtube.com/watch?v=voim7SfjudI.
1999 Constitution, art. 221.
See NTN24 Venezuela, Pese al asalto de Parra, Guaidó recupera sede del Poder Legislativo en
Venezuela, 7 January 2020, available at: https://www.youtube.com/watch?v=zLZUnCBOqS4.
Supreme Court of Justice, Judgment No. 0065, 26 May 2020, available at:
http://historico.tsj.gob.ve/decisiones/scon/mayo/309867-0065-26520-2020-20-0001.HTML
Supreme Court of Justice, Judgement No. 0070, 12 June 2020, available at:
http://historico.tsj.gob.ve/decisiones/scon/junio/309872-0070-12620-2020-20-0215.HTML
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