File no. | 02/18 |
---|---|
Referred by | Argentina, Canada, Colombia, Chile, Paraguay, Peru |
Date referred | 27 September 2018 |
Date opened | 3 November 2021 |
Crimes | Crimes against humanity: |
Status of suspect |
A preliminary examination by the International Criminal Court (ICC) to analyze possible crimes against humanity committed in Venezuela is currently open. A preliminary examination was previously opened in 2006, but closed after concluding that the requirements to start an investigation had not been met. In February 2018, the ICC announced that it would open preliminary probes into alleged crimes against humanity performed by Venezuelan authorities since at least April 2017. [1] In 2020, the Office of the Prosecutor of the ICC stated that it believed there was a "reasonable basis" to believe that "since at least April 2017, civilian authorities, members of the armed forces and pro-government individuals have committed the crimes against humanity", [2] and on 2021 ICC Prosecutor Karim Khan announced the opening of an investigation regarding the situation in the country. [3]
By 2006, the Office of the Prosecutor received twelve communications concerning the situation in Venezuela, most of them related to crimes allegedly committed by the Venezuelan government and associated forces and one to crimes alleged to have been committed by opposition groups, but the examination was closed on 9 February 2006 because it was concluded that the Rome Statute requirements to seek authorization to initiate an investigation in the country had not been satisfied. [4]
In February 2018, the International Criminal Court (ICC) announced that it would open preliminary probes into alleged crimes against humanity performed by Venezuelan authorities. [5]
In May 2018, a Panel of Independent International Experts appointed by the Secretary General of the Organization of American States (OAS) concluded that reasonable grounds existed to believe that crimes against humanity had been committed in Venezuela dating back to at least 12 February 2014 and recommended that; the Secretary General of the OAS, Luis Almagro, should submit the report and the evidence collected by the General Secretariat of the OAS to the Office of the Prosecutor of the ICC, that he should invite States Parties to the Rome Statute to refer the situation of Venezuela to the Office of the Prosecutor and to call for the opening of an investigation into the facts set forth in the report, in accordance with Article 14 of the Rome Statute. [6]
On 27 September 2018, six states parties to the Rome Statute: Argentina, Canada, Colombia, Chile, Paraguay and Peru, referred the situation in Venezuela since 12 February 2014 to the ICC, requesting the Prosecutor Fatou Bensouda to initiate an investigation on crimes against humanity allegedly committed in the territory. On 28 September, the Presidency assigned the situation to Pre-Trial Chamber I. [7] This was the first time that member States had sought an investigation of potential crimes that took place entirely on the territory of another country. [8]
Nicolás Maduro's Foreign Minister, Jorge Arreaza, filed a complaint in the ICC against the United States on 13 February 2020, arguing that policy of sanctions has resulted in crimes against humanity. [9] Prosecutor Bensouda stated that she informed the ICC Presidency of the referral pursuant to the regulations of the court to enable the assignment of the situation to a Pre-Trial Chamber, noting that the two referrals "appear to overlap geographically and temporally and may therefore warrant assignment to the same Pre-Trial Chamber", but "that this should not prejudice a later determination on whether the referred scope of the two situations is sufficiently linked to constitute a single situation". [10]
In September 2020, the United Nations Independent International Fact-Finding Mission on Venezuela published their findings and cited evidence of unlawful executions, enforced disappearances, arbitrary detentions and torture in the country since 2014. The authors called for further action by the International Criminal Court, along with justice and reparations for the victims and their families. [11]
On 2 December 2020, the Organization of American States General Secretariat released a 145-page report expanding on the 2018 report by the Panel of Independent Experts that concluded there was a reasonable basis to believe crimes against humanity were being committed in Venezuela, noting that since 2018 the crimes against humanity in Venezuela had increased in scale, scope, and severity, while criticizing the failure of the Prosecutor of the ICC to conduct her preliminary examination expeditiously and to open an investigation "despite overwhelming evidence of crimes within the Court’s jurisdiction". [12] Two days afterwards, the Office of the Prosecutor responded that it was aware and that it would study the Organisation of American States report and assuring the Office that it sought to "complete preliminary examinations within the shortest time possible", but regretting "the tone and manner of the report" and that Prosecutor and the Office "would not allow external attempts" to interfere with the process. OAS Secretary General Luis Almagro replied shortly after, declaring that the OAS understood due process and that they had "the utmost respect" for the International Criminal Court, but that three years was far too long "not for the OAS", but for the victims in Venezuela. [13]
On 14 December, the Office of the Prosecutor released a report on the office's year activities, stating that it believed there was a "reasonable basis" to believe that "since at least April 2017, civilian authorities, members of the armed forces and pro-government individuals have committed the crimes against humanity" and that it expected to decide in 2021 whether to open an investigation or not. [2]
In May 2021, Maduro's Attorney General, Tarek William Saab, admitted that Fernando Albán, Caracas councilman who died in 2018 while he was detained in the headquarters of the Bolivarian Intelligence Service (SEBIN), did not commit suicide as initially reported by government officials, but was killed, and that during the 2017 Venezuelan protests student Juan Pablo Pernalete was killed with a tear gas canister by security forces, something initially denied by senior officials. [14] William Saab would also accuse the ICC "process of lacking transparency". [15] Maduro's vice president, Delcy Rodríguez, described the case against Venezuela in the ICC as a "great farce". [16] The opposition National Assembly headed by Juan Guaidó declared that William Saab sought to prevent the ICC from acting and condemned that command chain was not being investigated. [17]
On July 2, the Pre-Trial Chamber dismissed a request for "judicial control" filed by William Saab, who alleged a lack of complementarity and collaboration of the ICC Office of the Prosecutor with Venezuela. The Chamber dismissed the appeal for its inadmissibility and for being clearly premature. [18]
On 4 November 2021 prosecutor Karim Khan announced the opening of an investigation regarding the situation in Venezuela. [3]
On 17 January 2022, the Prosecutor's Office indicated that the administration of Nicolás Maduro had three months to submit its report on investigations into crimes against humanity committed in the country. [19] On 7 April, Tarek William Saab assured that "there is no need" for an investigation by the International Criminal Court. [20]
After failing to provide the requested information, in an attempt to delay the ICC investigation, Venezuela asked Karin Khan on April 15 that his office defer the investigation into possible crimes against humanity, claiming that state institutions were or have investigated such crimes. On April 20, Khan briefed a panel of ICC judges on Venezuela's request, stating that his office would ask the judges to reject the request. [21] [22] [23]
On 1 November, Karin Khan requested the reopening of the Venezuela investigation, just over six months after Venezuela asked the ICC to defer its investigation, stating that "the deferral requested by Venezuela, at this stage, is not justified, and that the resumption of the investigation should be authorized." [24] [25]
In response to the prosecutor's request, the Venezuelan State sent a document on November 10, opposing the direct participation of victims and their representatives and requesting that the investigation be limited to summaries prepared by the ICC's Office of Public Counsel for Victims and only to cases presented by the Office of the Prosecutor. In the document, Venezuela also asks the ICC judges not to allow the participation in the proceedings of Canada, Colombia, Chile, Paraguay and Peru, the member states that referred the situation of Venezuela to the Court. The NGO PROVEA warned that the communiqué was part of the Maduro government's dilatory strategy to paralyze the ICC prosecutor's investigation for as long as possible, expressing: "This communication ratifies the Venezuelan authorities' contempt for the victims and their claims for justice, as well as their unwillingness to genuinely comply with the principle of complementarity". [26]
On February 28, the Venezuelan government issued a statement in which it described the accusations against it as "fallacies" and denied that crimes against humanity have occurred in the country, arguing that the investigation has had a "political character". [27] [28] [29] The NGO Control Ciudadano warned that such actions by the Maduro government sought to discredit the ICC Prosecutor's Office and that it was evidence that the international court should exercise its jurisdiction over the cases under its investigation. [30] Prosecutor Karim Khan responded to the allegations on March 1, stating in a statement that the government's claim that no crimes against humanity had been committed was unsubstantiated and without sufficient evidence and that the Venezuelan authorities had not demonstrated that investigations or trials had been conducted at the domestic level that reflected the scope of the Court's ongoing investigation. The Pre-Trial Chamber asked Venezuela to submit a response of no more than ten pages, with a deadline of April 20. [27] [28] [29] On April 3, Maduro's government accused Khan of "instrumentalizing" justice "for political purposes". [31]
On March 13, the International Criminal Court announced that it had received more than 2,000 forms from victims regarding the consultation on whether or not to continue the investigation. In view of the large number of testimonies received, the Court extended the deadline for receiving forms from March 21 to April 20. [32] [33] [34] On April 20, the Court announced that the consultation process was "broadly participatory" and that applications included 8,900 victims, 630 families and two organizations. The Victims Participation and Reparations Section received 1,875 applications with their views and concerns, including 1,746 forms, 5 videos and 124 emails or other written documents. [35] [36] [37] [38] The information shared by the victims was compiled by the Section in a 57-page report and published the following day. The report describes that the victims "overwhelmingly" requested that the Court continue with the investigation, [39] that the Venezuelan justice system was unwilling to genuinely investigate human rights violations, [40] and describes testimonies of arbitrary detentions, torture, rape and persecution. Venezuelan Foreign Minister Yván Gil Pinto asked the Pre-Trial Chamber for time until May 30 to respond to the requests. The Chamber rejected the request on May 8, ruling that it was not the procedural moment to do so and that at the current stage of the investigation no victim had yet been admitted to participate in the case. [39]
On April 24, the head of the pro-government delegation to the negotiations in Mexico, Jorge Rodríguez, called for a halt to the investigation at the International Criminal Court, stating that one of the objectives of the dialogue with the opposition was to request a halt to the judicial proceedings against the country. [41]
On June 8, Karim Khan made a third visit to Venezuela, where he met with Maduro's attorney general, Tarek William Saab. The meeting was held at the headquarters of the Public Prosecutor's Office in Caracas and the local press did not have access to it. [42] Khan also met with Gladys Gutiérrez, president of the Supreme Tribunal of Justice of Venezuela, [43] and privately with Nicolás Maduro at the Miraflores presidential palace. Human rights organizations questioned the opacity surrounding the visit. [44] During the visit, the agreement to open an ICC office in Caracas was also confirmed, although without a specific public date. [45] Ali Daniels, co-director of the NGO Acceso a la Justicia, argued that the installation of the office would not affect the course of the Court's investigation. [46] Non-governmental organizations requested that the facility agreement be made public. [47]
On June 27, the Pre-Trial Chamber authorized Prosecutor Khan to continue investigations into crimes against humanity in Venezuela. The Chamber found that the domestic investigations in Venezuela did not adequately address the magnitude of the case and had unwarranted periods of inactivity. [48] [49] Maduro's government appealed the decision on July 5, an appeal that was rejected by the Court on July 21. [50] [51] [52]
Nicolás Maduro Moros is a Venezuelan politician who has served as the president of Venezuela since 2013.
Luis Moreno Ocampo is an Argentine lawyer who served as the first Prosecutor of the International Criminal Court (ICC) from 2003 to 2012. Previously, he had played a major role in Argentina's democratic transition (1983–1991).
Luis Leonardo Almagro Lemes is a Uruguayan lawyer, diplomat, and politician who currently serves as the 10th Secretary General of the Organization of American States (OAS) since 2015. A former member of the Broad Front, Almagro served as Minister of Foreign Relations of Uruguay from 2010 to 2015 under president José Mujica.
Colectivos are far-left Venezuelan armed paramilitary groups that support the Bolivarian government, the Great Patriotic Pole (GPP) political alliance and Venezuela's ruling party, the United Socialist Party of Venezuela (PSUV). Colectivo has become an umbrella term for irregular armed groups that operate in poverty-stricken areas.
Luisa Marvelia Ortega Díaz is a Venezuelan lawyer. Between December 2007 and August 2017, she served as the Prosecutor General of Venezuela. A proponent of the Chavismo ideology, Ortega Díaz was fired as Prosecutor General on 5 August 2017 by the Supreme Tribunal of Justice and the Constituent National Assembly (ANC) promoted by Nicolás Maduro, following a breaking with the Maduro government as a result of the 2017 Venezuelan constitutional crisis in the context of the crisis in Venezuela. This dismissal was rejected by the opposition-led National Assembly of Venezuela, arguing that only that institution had the power to carry out said removal according to the Constitution, and cataloging the Prosecutor as the only legitimate authority of the Public Ministry. As a result, she is called by the National Assembly, the Supreme Tribunal of Justice of Venezuela in exile and some media outlets as the Prosecutor General of Venezuela in exile.
The Public Ministry of Venezuela is an organ belonging to Citizen Power, it has autonomous and independent character. It is under the direction of the Attorney General of the Republic who is elected by the National Assembly for a period of seven years.
On 29 March 2017, the Supreme Tribunal of Justice (TSJ) of Venezuela took over legislative powers of the National Assembly. The Tribunal, mainly supporters of President Nicolás Maduro, also restricted the immunity granted to the Assembly's members, who mostly belonged to the opposition.
Tamara Sujú Roa is a Venezuelan criminal lawyer and human rights specialist.
Tarek William Saab Halabi is a Venezuelan politician, lawyer and poet. He was a leader of the Fifth Republic Movement (MVR) party founded by Hugo Chávez, President of Venezuela, who publicly called him "The Revolution's Poet". He was the Governor of Anzoátegui from 2004 to 2012, and a member of the Committee for Justice and Truth since 2013. In December 2014, he was elected "People's Defender", or Ombudsman, by the National Assembly for 2014–2021 term. Saab was appointed as President of the Republican Moral Council of Venezuela by the People's Power in 2015. On 5 August 2017, the National Constituent Assembly appointed him as Attorney General in substitution of Luisa Ortega Diaz.
Fernando Alberto Albán Salazar was a Venezuelan–Colombian activist, lawyer, politician, and prominent figure within the Justice First opposition party. Albán served as a councilman of the Libertador Municipality of Caracas from 2012 until his death in office in 2018.
Juan Gerardo Guaidó Márquez is a Venezuelan opposition politician. He belonged to the social-democratic party Popular Will, and was a federal deputy to the National Assembly representing the state of Vargas. On 23 January 2019, Guaidó and the National Assembly declared that he was acting president of Venezuela, starting the Venezuelan presidential crisis by challenging Nicolás Maduro's presidency. In December 2022, opposition parties voted to dismiss Guaidó as interim president, choosing Dinorah Figuera as a successor on 5 January 2023 and ending Guaidó's presidential claim.
The Local Committees for Supply and Production are food distribution committees promoted by the Venezuelan government in which the communities themselves supply and distribute the priority foods through a house-to-house delivery method. It was established in 2016 by President Nicolás Maduro in response to the shortages in Venezuela. The committees have been subject of complaints about corruption, political use, delays, poor food quality and price increases without prior warning. This service is a subsidiary of the Ministry of Popular Power for Food.
Armando.Info is a Venezuelan investigative journalism website that was founded in 2014. Armando.info is a long-term partner of the International Consortium of Investigative Journalists and has worked on many projects, including the Panama Papers and Paradise Papers.
Rafael Ramón Acosta Arévalo was a Venezuelan military officer with the rank of corvette captain of the Venezuela Navy. Acosta Arévalo was victim of forced disappearance and tortured by agents of the General Directorate of Military Counterintelligence (DGCIM) during his detention after being accused by the government of Nicolás Maduro of "conspiring to carry out an attempted coup d'état". Acosta Arévalo died as a result of injuries suffered after being tortured while in detention in the Military Hospital of the Army Dr. Vicente Salias Sanoja. The news of his death caused great impact in the media and the condemnation of both national and international authorities.
Alex Nain Saab Morán is a Colombian businessman. Saab was the subject of journalistic investigations for conducting businesses estimated at US$135 million with the Venezuelan government, while other Colombian businessmen had stopped exporting to Venezuela due to uncertainty regarding payments and tight exchange controls. Saab's name has appeared in multiple ICIJ leaks including the Panama Papers, Pandora Papers and the FinCEN Files.
The Constitutional Law Against Hatred, for Peaceful Coexistence and Tolerance, also known simply as the Law Against Hatred, is a law passed unanimously by the Venezuelan Constituent National Assembly and published in Gaceta Oficial 41,274 on 8 November 2017.
The La Vega raid was a police raid that occurred on 8 January 2021 in La Vega Parish, Caracas, Venezuela. The objective of the raid was to take control of La Vega Parish, which was controlled by a criminal organization, led by Leonardo José Polanco Angulo; he was a drug lord, known as "El Loco Leo". Members of the Venezuelan National Police (PNB), the Special Action Forces (FAES) and the Venezuelan National Guard seized control of the parish, killing a number of people in the neighborhood. According to investigative journalists and human rights organizations, the death toll was 23 people. By 11 January, no member of the Nicolás Maduro administration had made a statement about the events or announced a death toll.
The International Criminal Court investigation in Ukraine or the Situation in Ukraine is an ongoing investigation by the Prosecutor of the International Criminal Court (ICC) into "any past and present allegations of war crimes, crimes against humanity or genocide committed on any part of the territory of Ukraine by any person" during the period starting "from 21 November 2013 onwards", on an "open-ended basis", covering the Revolution of Dignity, the Russo-Ukrainian War including the 2014 annexation of Crimea by Russia, the war in Donbas and the 2022 Russian invasion of Ukraine. The ICC prosecutor commenced these investigations on 2 March 2022, after receiving referrals for the situation in Ukraine from 39 ICC State Parties.
Olga Lucila Mata de Gil is a Venezuelan woman detained in April 2022 for recording a humorous video posted on the social network TikTok in which she names arepas after high-ranking government officials.
Orlando Figuera Esparragoza was a young Venezuelan attacked during the 2017 protests in the country. Before his death, Orlando blamed the attack on a group of people who were feuding with him for work-related reasons: "Malandrín"; "Pecas"; "Menor"; "Oriental" and "Mono". The day after Orlando Figuera's death, Attorney General Luisa Ortega Díaz denied that Figuera was the victim of a hate crime or attacked for being a Chavista, as alleged by the government version. As of 2022, no person has been tried for Figuera's murder.
Al finalizar el lapso de dicho aplazamiento sin que el Ejecutivo brindase a la CPI la documentación exigida, el Gobierno solicitó al alto tribunal, mediante una carta con fecha 15 de abril y que trascendió hoy, "abstenerse formalmente de la investigación en favor de las actuaciones realizadas por las autoridades nacionales competentes de Venezuela", para que sean estas las que continúen con el proceso de manera interna.