A/HRC/45/CRP.11
National Assembly.204 Following this decision, the European Union imposed sanctions
against 11 high-level Government officials.205
112. On 15 August 2020, President Maduro announced that the mandate of the National
Constituent Assembly would come to an end, coinciding with the programmed elections of
the National Assembly on 6 December 2020.206
113. On 31 August 2020, President Maduro pardoned 110 people, mainly members of the
political opposition, who had been accused of criminal acts, both individuals who have
already received a judgment and those awaiting trial, including 23 deputies of the National
Assembly and 4 alternates.207
114. In 2020 and with its medical system already severely debilitated, Venezuela braced
for the effects of Covid-19. The collapse in petroleum prices, meanwhile, has had a crippling
economic effect. Petrol lines last for several hours or days, despite Venezuela having the
largest oil reserves in the world.208 The country continues to suffer hyperinflation, severe
shortages of food and medicine, and a dire humanitarian crisis. This situation has forced
around at least one sixth of the population to leave the country, with over five million
Venezuelans having left by April 2020, according to estimates by UNHCR. 209
II.
Institutional Framework
A.
The National Public Power
115. The 1999 Constitution formally ensured checks and balances of power in Venezuela.
Public power is distributed among the municipal power, the power of the states and national
public power. For its part, national public power is divided into the legislative, executive,
judicial, citizen and electoral branches.210 Each of the branches has specific and
complementary functions. However, as described in this section, this division of powers has
been progressively eroded since the Constitution has been in place.
116. An element of the crisis in Venezuela, meriting deeper investigation, is the nexus
between corruption and serious human rights violations. A number of sources with whom the
Mission spoke, all current or former Government or military personnel, have indicated that a
motivating factor behind the human rights violations identified in the present report are the
personal financial benefits derived from the capture of State institutions, providing a strong
incentive for Government actors to maintain power and ensure impunity.211
117. As at August 2020, there are over 85 criminal investigations or proceedings, in 21
different foreign jurisdictions, accusing Venezuelan individuals, including high-ranking
political and military actors, of corruption-related crimes.212 These cases allege the
204
205
206
207
208
209
210
211
212
1999 Constitution, arts. 187 and 296.
Council Implementing Regulation (EU) 2020/897 of 29 June 2020, Implementing Regulation (EU)
2017/2063 concerning restrictive measures in view of the situation in Venezuela, available at:
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L:2020:205I:FULL&from=EN.
See YouTube Video, El Tiempo, Asamblea Constituyente de Venezuela cesará funciones en
diciembre, anuncia Maduro, 18 August 2020, available at:
https://www.youtube.com/watch?v=wYnqSSYXTyU
YouTube Video, TeleSurTV, Gobierno de Venezuela emite decreto de indulto a políticos opositores,
31 August 2020, available at: https://www.youtube.com/watch?v=FUzrg5DeJ3U
See e.g., https://www.nytimes.com/2020/05/15/world/americas/venezuela-gasoline-shortage.html.
See UNHCR, Plataforma de Coordinación para Refugiados y Migrantes de Venezuela, available at:
https://data2.unhcr.org/es/situations/platform.
The 1999 Constitution creates two additional branches of the federal Government – the citizen and
electoral branches. The Office of the Prosecutor General, the Office of the Defender of the People and
the Office of the Comptroller General are the three entities comprising the citizen power. In addition
to fulfilling their specific functions, these bodies act collectively as the “Republican Moral Council”
and submit reports about their activities to the National Assembly. 1999 Constitution, art. 136.
C1HH03, C1HH01, SCHH10, SCHH07, BSHH01.
List on file with the Mission of corruption-related criminal proceedings against Venezuelan
individuals and State businesses from various jurisdictions (Andorra, Argentina, Aruba, Bolivia,
27
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