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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