UN accuses Nicolas Maduro's government of committing crimes against humanity

The UN Independent International Fact-Finding Mission on Venezuela reported that the government, state agents and groups working with them have committed gross human rights violations in Venezuela. The panel's report indicates that President Maduro and the Ministers of Interior and Defence were aware of the crimes. 

The members of the Mission* note that the Venezuelan state must hold accountable those responsible for extrajudicial killings, enforced disappearances, arbitrary detention and torture and prevent further acts.

The Mission, which is charged with investigating extrajudicial killings, enforced disappearances, arbitrary detention and torture and other cruel, inhuman or degrading treatment committed since 2014, published the report on 223 cases on Wednesday.

The experts were unable to visit Venezuela due to the lack of government response despite repeated requests, in addition to the travel restrictions imposed by the COVID-19 pandemic. 

Despite this, they were able to conduct 274 remote interviews with victims, witnesses, family members, former state officials, lawyers, NGO representatives and international staff. They also analysed a number of confidential documents. 

The study identifies "these crimes were coordinated and committed pursuant to State policies" and adds that it "starts from a course of conduct that is both widespread and systematic, thus amounting to crimes against humanity". 

Those responsible for the analysis indicated that high-ranking state authorities "held and exercised power and oversight over the security forces and intelligence agencies identified in the report as responsible for these violations". 

It further notes that both "President Maduro and the Ministers of the Interior and of Defence were aware of the crimes. They gave orders, coordinated activities and supplied resources in furtherance of the plans and policies under which the crimes were committed".

“The Mission found reasonable grounds to believe that Venezuelan authorities and security forces have since 2014 planned and executed serious human rights violations, some of which – including arbitrary killings and the systematic use of torture – amount to crimes against humanity,” said Marta Valiñas, chairperson of the Mission.

She added that "far from being isolated acts, these crimes were coordinated and committed pursuant to State policies, with the knowledge or direct support of commanding officers and senior government officials.”

The Mission investigated 16 cases of police, military or joint operations resulting in 53 extrajudicial executions. It also reviewed 2,552 additional incidents involving 5,094 killings by security forces.

Two security forces – the CICPC and the Special Action Forces (FAES) of the National Bolivarian Police (PNB) – were responsible for 59% of all killings by security forces in the period under review and were the perpetrators of the extrajudicial executions documented in the report.

Experts stress that "the FAES should be dismantled and those responsible across all security forces and their chains of command held accountable".

The Mission also investigated targeted repression by State intelligence agencies and concluded that the Bolivarian National Intelligence Service (SEBIN) targeted "political dissidents and human rights activists, and others perceived to be against the Government", while the General Directorate of Military Counter-Intelligence (DGCIM) targeted military personnel and associated civilians allegedly involved in rebellions or coup attempts.

Detainees were typically held in poor conditions outside the official prison system, at the agencies’ Caracas headquarters or in unofficial “safe houses”. Victims were in some cases charged with spurious crimes, evidence was planted and due process was flouted.

Francisco Cox, one of the three members of the Mission, explained that “these arbitrary detentions, short term disappearances and torture were directed against the civilian population as part of a policy to silence opposition to the Maduro Government.” 

Cox added that "commanding officers, including high-level authorities within SEBIN and DGCIM, had full knowledge of this pattern of crimes, which often occurred in the very buildings where they worked. The Mission has recorded the names of more than 45 SEBIN and DGCIM officials directly responsible, who should be investigated and prosecuted.”

Finally, the study also questions the intervention of the Venezuelan judiciary which failed to control other state actors and points to the need to further investigate "the extent to which undue political influence has hindered judicial independence".

“The violations must stop. And impunity must end. Venezuelan authorities must immediately carry out prompt, effective, thorough, independent, impartial and transparent investigations into the violations and crimes, bringing perpetrators to account and providing justice for victims. Victims must have full redress for the harm they suffered,” said Marta Valiñas.
The violations the Mission investigated took place amid a gradual breakdown of democratic institutions and the rule of law, including an erosion of judicial independence, in Venezuela.  

The Independent International Mission of Investigation on the Bolivarian Republic of Venezuela, integrated by Marta Valiñas (president), Francisco Cox Vial and Paul Seils, was established by the resolution 42/25, of the UN Human Rights Council on September 27, 2019. Its one-year mandate was to investigate extrajudicial executions, enforced disappearances, arbitrary detentions and torture and other cruel, inhuman or degrading treatment committed in Venezuela since 2014.