RED DE DERECHOS HUMANOS DE VENEZUELA

miércoles, 15 de octubre de 2014

Human rights situation in Venezuela: An alternative view

Caracas, February 24, 2014

We are a group of Venezuelan human rights activists that have worked for decades in local human rights organizations. Concerned about the current situation in Venezuela, we have decided to take part in the public discussion surrounding recent events with the following comments, findings and recommendations:


About the instrumentalization of human rights discourse

In 2003, Amnesty International warned about the instrumentalization of the human rights discourse in Venezuela [1]. In the current context, this warning remains valid. We are concerned to see how certain sectors of the opposition are trying to convince national and international public opinion that a group of peaceful Venezuelan demonstrators are being repressed and killed by police forces and paramilitary groups, in a context of generalized and systematic human rights violations.

The obvious purpose of this campaign is to delegitimize President Maduro’s government, both at home and abroad, and to force Maduro to step down [“la salida” or "the exit"] [2] through unconstitutional means. Thus, we believe that a human rights discourse is being used to undermine a democratically elected government, in a strategy that violates the democratic will of the majority that was expressed in last year’s presidential and regional elections, held in April and December, respectively.


About the victims

We follow with concern reports of human rights violations and the escalation of violence. In this document, we register the reports about beatings and ill treatment attributed to police and military forces, and the killing of civilians, both by security officials and by armed civilians as of the 24th of February.

An analysis of the cases of violent deaths points to the criminal responsibility of both public and private actors. Up to now, we have known about the following cases:


1. Montoya, Juan (40), 12.02.14, Caracas. Montoya was a chavista leader from the neighborhood “23 de Enero”, west of Caracas. He was killed by gunshot. According to investigations, police intelligence officers of the Servicio Bolivariano de Inteligencia (SEBIN) are responsible for his death [3]. Officers involved did not comply with governmental orders of confinement during the day of the demonstration, and are currently in the custody of the Public Attorney Office.


2. Dacosta, Bassil (24), 12.02.14, Caracas. A young worker who took part in the first opposition demonstration in Caracas that ended in violence. He was killed in the same street as Juan Montoya, a few minutes after Montoya was shot dead. Government investigations point to the same suspects [4].


3. Redman, Roberto (28), 12.02.14, Caracas. An opposition demonstrator, he was the first to assist Dacosta. He was killed several hours later, in a protest in Chacao, east of Caracas. Some witnesses indicate that armed civilians are responsible for his death.


4. Méndez, José Ernesto (17), 12.02.14, Cumaná, Edo. Sucre. Mendez died after a privately owned vehicle ran over him, causing severe injuries in his head. According to preliminary versions, he was killed during a student protest that included shutting down a public street. In a public speech, President Maduro included the victim in the toll of violence. The Public Attorney’s investigation indicates that the case may be unrelated to political violence.


5. Carmona, Génesis (22), Valencia, Edo. Carabobo. 19.02.14. Carmona was shot from behind while taking part in an opposition demonstration. Investigations concluded that gunfire came from within the same group of demonstrators in which the victim was demonstrating.


6. Castillo, Ángel (36), Ciudad Guayana, Edo. Bolívar, 20.02.14. Worker at the Sidor state- owned steel company.. He died shortly after receiving a gunshot in the neck, while he was standing with a group of work colleagues at the end of a pro-government peace demonstration. The shot came from a nearby building where the police found an arsenal of long and short guns.


7. Martínez, Arturo Alexis (54), Barquisimeto, Edo. Lara. Chavista activist, the victim was the brother of MP Armando Martínez, member of the pro-government party, PSUV. He died as a result of a gunshot that came from a nearby building, while he was clearing a path through a protesters’ barricade in the street so that he could continue driving to work.


8. Pedroza, Santiago Enrique (29), 21.02.14. Mcpio. Sucre, Edo. Miranda. While riding a motorcycle in a main avenue of Caracas, he drove through a metal wire strung across a street by opposition demonstrators that cut his throat.


9. Lobo, Delia Elena (37), 21.02.14. Mérida, Edo. Mérida. Lobo died as a result of severe injuries caused by a motorcycle accident. When riding with one of her sons, they ran into a wire trap on the road put in place by opposition demonstrators.


10. Márquez, Alejandro (43), Caracas, 21.02.14. Died as a consequence of blows to the head delivered by National Guard (GNB) officers repressing a small demonstration. Seven officers are being investigated regarding this case [5].


11. Moreno Orozco, Geraldine (23), Naguanagua, Edo. Carabobo, 22.02.14. According to relatives and witnesses, an officer of the GNB shot the victim in the face with plastic pellets while she was taking part in a demonstration on 19.02.14. She died three days after.


The analysis of this data shows that four fatalities appear to have been caused by actions of security forces6, while the other seven victims would have been caused by actions perpetrated by civilians. We deeply regret all those that have died in equal terms. We demand a thorough investigation by the public authorities, the application of sanctions to those responsible for the deaths [7], and the adoption of measures to prevent the circumstances that allowed them to happen from reoccurring.


We also demand an investigation into reports covered by national media, including testimonies of young detainees in Carabobo, alleging incidents of torture and ill treatment. Criminal investigations must also include the damage caused by demonstrators that have been destroying or vandalizing private property, and more so, against public services facilities, such as those pertaining to the Metro of Caracas [8], the public food chain Pdval [9], the national telephone company, Cantv [10], and several electrical supply facilities [11].


About the origin of the protest and the main players

At the end of January, an unprecedented development in the polarized context that has existed in recent years took place. The Government issued a call for national dialogue, in order to design a national agenda for citizen security, and opposition leaders decided to coordinate with the authorities. At the same time, the Government adopted a series of urgent measures to control the effects of speculation and shortage of basic goods.

At the beginning of February, while the dialogue was taking place, the first incidents of violence took place in Táchira, a state of strategic importance due to the fact that it is the epicenter of the illegal smuggling of basic goods to Colombia. This violence took place at the same time as opposition leaders María Corina Machado (MP) and Leopoldo López12, leader of the party Voluntad Popular, issued a public call to their supporters to take to the streets to force the departure of the constitutional government.


Until the day before February 12, the opposition students’ movement demonstrated in order to demand the liberty of those detained following the violent episodes in Táchira. Demonstrations began peacefully, but as the day progressed the protests became violent, and a spiral of violence extended for days. Their initial call was quickly substituted by the call to take to the streets, in order to force the ousting of the government.


In demonstrations such as these, there are people who demonstrate peacefully, while the actions of others suggest that they are demonstrating with the purpose of generating violence [13]. As has been the case in similar instances recently, these events end up being used to promote a partisan agenda that seeks the early departure of the current government. This aspect of the protests would also explain why most of the demonstrations are taking place in the states and in the areas of Caracas where the opposition has more support. As could be expected, the interruption of the dialogue between the Government and the opposition was one of the outcomes of the protests.


Criminalization of civil sectors

Another issue worth highlighting, that’s related to the roster of fatalities, is the criminalization of the vague concept of “armed collectives” or “motorized chavista collectives”, which are accused of being paramilitary groups. Media and social networks have indicated that these groups bear responsibility for serious crimes, in supposed clashes with opposition demonstrators.

For over three decades, there have been small leftwing groups in several parts of the country that uphold the armed struggle, and most of them have said they sympathize with the Bolivarian Government. Given the fact that these groups are armed, President Chávez emphatically asserted the state’s monopoly on the legitimate use of force and warned these groups that they would face consequences if they violated the law [14]. President Maduro has had the same stance. He recently said about the presence of armed civilians in demonstrations: “They shouldn’t have been there in the first place. [Those that used guns] must go to prison” [15].


Due to the presence of some armed civilians at opposition demonstrations, any motorcyclist from working class areas or from motorcycle collectives that support the government are facing public demonization by opposition sectors. This has been used to legitimize the use of wires to block streets and avenues – the wires are strung across streets at a height of around 4 ft , and have been the direct cause of the death of two civilians.


In view of all of the above:


1. We demand that public authorities’ carry out thorough and rigorous investigations of all human rights violations.


2. We strongly reject violations of human rights committed by security forces during some demonstrations of the opposition. These actions are contrary to the new paradigm of security fostered by the Government and enshrined in the “Patriotic Plan” (Plan de la Patria).


3. We reject any call by members of opposition parties to ignore the constitutional procedures that allow for the removal of a government before the end of its term in office. These actions not only are contrary to democratic rule, but also, more directly, clash with the will of the majority of the population, which has backed the government in eighteen democratic elections.

4. We call on the population to avoid responding to the provocations of political sectors that promote violence as a means of advancing their demands, and to denounce these positions before the relevant public authorities.
5. We support the call for a national dialogue, and we urge all parties to take an active part in it, with the purpose of settling their political differences in a responsible manner, with due respect for the rules of democracy and of the social and democratic state of law and justice.
6. We reject the intervention and interventionism of foreign countries in a conflict that must be resolved by Venezuelan society and its democratic institutions.
7. We condemn the misrepresentation of the situation by some national and international media, as well as by several organizations claiming to represent “civil society”, who have presented a distorted and pernicious image of national reality, one that encourages violence and confrontation and fails to acknowledge the responsibilities of several key actors of the conflict. We call on the international community, and most of all on human rights organizations, to corroborate and confirm the information they receive from Venezuela.
Signed by 34 human rights activists that have worked during the past two decades in Venezuela’s human rights NGO.

Notes


1 Amnistía Internacional, “Venezuela: Una Agenda de Derechos Humanos ante la crisis actual”. 2003.


2 “Salida” or “the exit” is the public slogan of the political movement of Leopoldo López.


3 Caracas, 22/02/14: Funcionarios del Sebin que dispararon el 12-F fueron detenidos y entregados a la Fiscalía. Alba Ciudad. In: [http://www.aporrea.org/ddhh/n245737.html]


4 Ídem


5 Days later, the President of the National Assembly, Diosdado Cabello, suggested that Marquez could have been murdered by someone from the paramilitary group of which he was a member. Cabello showed images in social networks that showed Marquez carrying guns, purportedly while on paramilitary training.


6 There are several sources in national media, including: Caracas, Ultimas Noticias, 22/02/14. Funcionarios del Sebin y “vinculados al chavismo” presos por sucesos del 12F. In: [http://www.ultimasnoticias.com.ve/noticias/actualidad/sucesos/funcionario-del-sebin-que-disparo- el-12-f-esta-det.aspx]; Caracas, Ultimas Noticias, 22/02/14. Amigos de Geraldine Moreno rezaron por su alma. In: [http://www.ultimasnoticias.com.ve/noticias/actualidad/sucesos/murio-geraldine-moreno-estudiante-que-fue- herida-e.aspx]; Caracas, El Universal, 22/02/14. Falleció ingeniero golpeado en manifestaciones de la Candelaria. In: [http://www.eluniversal.com/nacional-y-politica/protestas-en-venezuela/140221/fallecio-ingeniero-golpeado-en- manifestaciones-de-la-candelaria]


7 Caracas, Noticias 24, 22/02/14. Maduro anuncia detención de funcionarios del Sebin: “No protejo a nadie que dispare”. In: [http://www.noticias24.com/venezuela/noticia/223727/?ppp]


8 Caracas, Mpptt, 22/02/14. El Troudi entregará a Fiscalía evidencia audiovisual de ataques al Metro de Caracas y el Mpptt. In: [http://www.mtt.gob.ve/?p=2164]

9 Maracaibo, Panorama, 20/02/14. Ministro Osorio informa que fue atacada sede de Pdval en el estado Carabobo [http://panorama.com.ve/portal/app/push/noticia100782.php]

10 Caracas, Tecnoinforme, 21/02/14. Trabajadores de Cantv repudian ataques a sus instalaciones. In: [http://www.tecnoinforme.com/2014/02/21/trabajadores-de-cantv-repudian-ataques-a-sus-instalaciones/]


11 Caracas, Entorno Inteligente, 21/02/14. Destrozos de grupos violentos a instalaciones eléctricas de Venezuela. In: [http://www.entornointeligente.com/articulo/2082414/GLOBALES-En-fotos-Destrozos-de- grupos-violentos-a-instalaciones-electricas-de-Venezuela-]

12 Caracas, Diario de Caracas, 23/01/14. López y Machado llaman a “prender las calles de lucha”. En: [http://diariodecaracas.com/politica/leopoldo-lopez-maria-corina-machado-haran-anuncios-importantes-hoy- lasalida]

13 Caracas, El Universal, 22/02/14. Cabello anunció la incautación de 360 bombas molotov en Carabobo. In: [http://m.eluniversal.com/nacional-y-politica/140222/cabello-anuncio-la-incautacion-de-360-bombas-molotov- en-carabobo]

14 Caracas, Noticias 24, 07/02/09. Chávez pide que se detenga a Valentín Santana y regaña a Lina Ron. In: [http://www.noticias24.com/actualidad/noticia/24191/chavez-pide-que-se-detenga-a-valentin-santana-y- regana-a-lina-ron].

15 Ver referencia en nota 3.

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