A/HRC/41/18
1 January and 12 May 2019.29 However, according to the non-governmental organization
Observatorio Venezolano de la Conflictividad Social, 9,787 protests took place in 2017;
12,715 in 2018; and 9,715 between 1 January and 31 May 2019. 30 In 2019, security forces
did not resort to excessive force during all demonstrations. Nonetheless, during certain
political protests, the Bolivarian National Guard, the Bolivarian National Police and its
Special Action Forces, and some State and municipal police forces allegedly used excessive
force deliberately, to instil fear and discourage further demonstrations. The armed
colectivos also resorted to violence against demonstrators, often in coordination with
security forces. In many cases, these actions resulted in deaths and serious injuries.
40.
According to the Government, there were no deaths during demonstrations in 2018.
It reported that 29 persons were killed between January and May 2019. 31 However, the
Observatorio Venezolano de la Conflictividad Social reported 14 deaths in the context of
demonstrations in 201832 and OHCHR documented 66 deaths between January and May
2019. Many demonstrators were arbitrarily detained and ill-treated or tortured. Security
forces also conducted illegal house-raids targeting demonstrators.
4.
Arbitrary detentions, torture and ill-treatment
41.
According to the non-governmental organization Foro Penal Venezolano, at least
15,045 persons were detained for political reasons between January 2014 and May 2019.
Among them, 527 were detained in 2018 and 2,091 between January and May 2019. The
majority of them were detained in the context of demonstrations against the Government.
By 31 May 2019, 793 persons remained arbitrarily deprived of their liberty, 1,437 persons
had been released unconditionally and 8,598 had been conditionally released and were still
facing lengthy criminal proceedings.33 The rest were released without having been brought
before a judge. Some of them have left the Bolivarian Republic of Venezuela for fear of
being arrested again. OHCHR considers that the Government has used arbitrary detentions
as one of the principal means to intimidate and repress the political opposition and any real
or perceived expression of dissent since at least 2014.
42.
OHCHR was able to collect detailed information on 135 people (23 women and 112
men) arbitrarily deprived of their liberty between 2014 and 2019. Among them, 23 were
arrested in 2018 and 8 in 2019. Some of these cases constituted enforced disappearances
until the authorities revealed the whereabouts of the individuals’ days or weeks after their
arrests. In most cases, people were detained for exercising their fundamental rights,
particularly freedom of opinion, expression, association and peaceful assembly. The
detentions often had no legal basis. OHCHR also identified serious and repeated violations
of the right to a fair trial in each of these cases. None of the victims interviewed who had
been released have received remedies for the violations suffered as a result of their arbitrary
detention.
43.
In most cases, detainees, both women and men, were subjected to one or more forms
of torture or cruel, inhuman or degrading treatment or punishment, including electric
shocks, suffocation with plastic bags, waterboarding, beatings, sexual violence, water and
food deprivation, stress positions and exposure to extreme temperatures. Security forces
and intelligence services, particularly the Bolivarian National Intelligence Service and the
Directorate General of Military Counterintelligence, routinely resort to such practices to
extract information and confessions, to intimidate and to punish the detainees. The
authorities have failed to conduct prompt, effective, thorough, independent, impartial and
transparent investigations into credible allegations of torture and ill-treatment, including
sexual and gender-based violence, in order to bring the alleged perpetrators to justice and to
provide reparation to the victims. In particular, judicial authorities have often reversed the
burden of proof by refusing to open investigations if the victims did not identify
29
30
31
32
33
Information provided by the Government.
Observatorio Venezolano de la Conflictividad Social, see www.observatoriodeconflictos.org.ve.
OHCHR received conflicting information from the Government regarding the number of deaths.
Observatorio Venezolano de la Conflictividad Social.
Information provided by the non-governmental organization Foro Penal Venezolano.
9
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