Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Extrajudicial Executions
2020
Contents
1. Executive Summary
2.- Introduction
3.- Problematic / Contextualization
8. Research Results
10 .- Conclusions
I.- Executive summary
The excessive strength use by State security corps officers constitute rights human
violations of to humane treatment and life . With the implementation of a “strong hand”
policy by the Venezuelan State, the increase in extrajudicial executions is alarming.
Proiuris' research field widens and covers the states of Lara and Aragua , as well as
Caracas , regions in which the patterns of excessive police-military action
identified by Proiuris were verified [1] through previous investigations.
in this study period was detected that 71.61% of the murders are committed by two
security forces, the FAES in a first place with 48.39% of the cases and the CICPC in a
second place with 23.22%. A sustained increase in the cases perpetrated by the
CICPC was evidenced , from December 2019 to May 2020.
Proiuris. La Faes Mata, Patrones. Noviembre 2019. Disponibles en:
https://proiurisac.wixsite.com/lasfaesmatan/patrones
Fuerzas de Acciones Especiales de la Policía Nacional Bolivariana (FAES)
Cuerpo de investigaciones Científicas Penales y Criminalísticas (CICPC)
Comando Nacional Antiextorsión y Secuestro (CONAS)
Guardia Nacional Bolivariana (GNB)
Based on the 16 action patterns of the state security forces detected and demonstrating
the systematization of this phenomenon by Proiuris , it is corroborated the coincidence
of the 80.05% of the cases studied and in 6 of the patterns are in agreement of the
100% (young men, poor areas, no search warrant, alleged confrontation, alteration of the
crime scene and impunity).
I I.- Introduction
The systematic death increase at the hands of officers of the Venezuelan State security
forces ratifies the need to continue documentation excesses in the use of public force.
III.- Problematic / Contextualization
Through a regular and detailed analysis of the social, political and economic situation in
Venezuela, Proiuris has warned that the deepening of authoritarianism and repression in
Venezuela is endemic and threatens the full enforcement of human rights . In this
context, there has been a sustained increase in extrajudicial executions. The deaths of
Venezuelans at the hands of state security forces merit persistent documentation ,
reporting and dissemination efforts . The testimonies and data collected by Proiuris point
to a systematic policy of police abuse that goes to the extreme of extrajudicial executions.
The inaction of the Public Ministry worsens the situation. Proiuris , through the
investigation “100 Death Sentences[7] ", verified that police brutality is based on a rhetoric
plagued with euphemisms (" neutralized "," killed "," discharged ") that hide abuses in the
use of public force. In almost all cases, the officer versions indicate that the policemen
limited themselves to repelling the attack by alleged criminals, while the legal classification
of the events as "resistance to authority" completes a story that attempts to legitimize the
extrajudicial executions.
Proiuris determined that 85% of the cases of alleged extrajudicial executions are not
investigated. Tarek William Saab , appointed by the so-called “National Constitutional
Assembly” as Republic General Attorney, revealed that from August 2017 to June 2019
there were 6,709 prosecutors pronouncements in investigations on human rights
violations, of which only 261 correspond to accusations. If the Prosecutor's Office has only
charged in 3.89% of the cases, 96% of the alleged human rights violators could be under
impunity.
One of the main findings of Proiuris at this stage of documentation of CICPC alleged
extrajudicial executions is increasing lethal actions , which is the responsible corp for
conducting investigations of the killings, even if they are hidden under the legal figure of
"resistance to authority" . The regional police participation in these types of cases has also
increased.
IV.- Legal framework
Venezuela is a country where there is no death penalty, but the practice of alleged
extrajudicial executions responds to the warlike logic promoted by the highest government
authorities.
In Venezuela, the use of public force is strictly defined in the Constitution, which enshrines
the right to life as the highest value of the legal system and the performance of the state.
From Article 68 to 72 of the mentioned Law , the guidelines are established for all the
security forces of the country that exercise police functions. Therefore, the life of citizens is
an absolute right and the police must guarantee it.
Article 1 of the “Norms for the Progressive Use of Police Force” (NUPDFP), indicates: “For
such purposes, it will be used in a necessary, progressive and differentiated manner
based exclusively on the resistance level and opposition manifested by the person to
prevent, obstruct or enervate a police intervention, reducing the use of physical force to
the minimum required for effective containment, reducing the probability of causing injury
or damage, whether physical or moral, based on the legality, necessity and proportionality
principles”.
Specifically on federal entities under study there are citizen security ordinances requiring a
proportionate, progressive and differentiated public force use.
Lara´s Iribarren Municipality (Barquisimeto), Municipal Gazette No. 1330 of December 22,
1998, ordains the creation of Municipal Police Autonomous Institute, which is established
as a guiding principle of human rights respect and guarantee.
Resistance to authority crime is established in Venezuelan Penal Code 215th article, in the
following terms: “Anyone who threatens a public officer or one of his close relatives, in
order to intimidate him to do or stop doing something proper to his duties, he will be
punished with imprisonment from one to three years. If the act is made out with violence,
the penalty will be two to four years. When the events described in the previous section
were carried out to the detriment of a senior officer of those provided for in Constitution of
the Bolivarian Republic of Venezuela article 266th paragraph 3rd, the penalty will be two to
five years. If the threat or act of violence is carried out at the public officer domicile or
residence, the penalties will be increased by one third. If the author of the crime is a public
officer, the corresponding penalty will be increased by two-thirds”.
“Authority Resistance" is the legal qualification that, generally, the State security forces
advance to cover up alleged extrajudicial executions. The legal logic consists in the
application of defenses of criminal responsibility; in this case of an
homicide, alleging compliance with duty and legitimate defense. However, as referred to in
the definition of extrajudicial execution, the power abuse that leads to the death of a
person can be coupled with mechanisms of impunity.
In fact, Venezuelan Penal Code 220th article establishes exemptions but in the opposite
direction: "The penalties provided for in the preceding articles will not be applied if the
public officer has caused the act by exceeding the limits of his powers with arbitrary acts."
With this resolution, the control of public order , which was the responsibility of the citizen
security organs and exceptionally of the National Guard , dangerously extends to all
components of the National Armed Forces.
V. Research methodology
5. - 1.- Direct documentation
The process for data collecting, information processing, monitoring and construction of
indicators is detailed below. The research approach from Proiuris is qualitative, however
may present data for quantitative analysis.
Data Organization
1. For the survey: The data obtained from the survey are registered at the first
approach with the informants, reported in a spreadsheet, which are
classified cases according to the violated law, not observed guarantees
and processing form. The data is verified and complemented by the different
communication channels that Proiuris has after the first approach.
This first approach is carried out through periodic visits made
by Proiuris researchers to the Forensic Medicine of Bello Monte in
Caracas, to the "Antonio María Pineda" morgue in Barquisimeto, Lara, and to
the Caña de Azúcar Morgue in Maracay, Aragua. This can be done in a more
comfortable place for the victim to agree, according to the privacy and security
requirements that the person giving us the interview may demand.
The survey questions are coded. In the case of closed questions, the code is assigned by
the same instrument. For open questions, the code is assigned after completing the
questionnaire, taking the closed question codes as a reference .
As a result, the data will be presented in statistical tables according to the absolute
frequencies recorded.
Data of alleged extrajudicial executions obtained from the daily press monitoring, which
will be organized two on a spreadsheet, with the following categories:
Date of the event (day / month / year): date on which the action or measure
occurred.
Head of the press release (prayer): must be textual copy
Link to the press release (hyperlink): must be textual copy
Brief description of the event (short paragraph): on the basis of Quintilian's
technical hexameter . What happened? Who is involved in the event? How did it
happen? At what time did it happen? Where did it happen? Why did it happen?
Use of the terms "dejected", neutralized "," discharged "," fallen " : simple
selection from a closed list of options.
Name of victim (first name and surname): s and data placed full name of the victim.
Victim`s Aliasing (Binary): Yes or No
Victim`s Age (numeric): indicate two digits
Victim`s Gender (simple selection): male, female, others.
Place where the event occurred (prayer): indicate parish, municipality and state.
Family name, witness or informant referred to in the press review ( first name and
surname): data will be placed and last name of the family, witness or informant.
Security corp (s) involved (sentence): indicate acronyms and full name.
Officer cause of death mentioned in the press review (sentence): textual quotation.
Place of injury (phrase): indicate part of the body affected.
Officer version of the events (short paragraph): textual quotation
Theft or theft of victim's belongings (binary): yes or no
Search warrant filing (binary): yes or no
Presence of prosecutors from the Public Ministry in the procedure (binary): yes or
no
Notification of the procedure to the Public Ministry (binary): yes or no
Circumstances of transfer of the victim to the health center (short text): textual
quotation
Weapons allegedly seized from the victim (binary): yes or no
5. 2. A legal assistency
Proiuris validates the definition of victim made by the United Nations (UN): ''… people
who, individually or collectively, have suffered physical, mental or emotional harm due to
actions or omissions that violate current criminal legislation (as well as ) the relatives or
dependents who have an immediate relationship with the direct victim. "
Legal assistance is based on the reconstruction of the events from the information
gathered by the investigators who make the first contact with the surviving victims and
through all the necessary interviews with them. Subsequently, all legal considerations are
incorporated , based on the most favorable national and international protection standards
for the full exercise of the rights to life, personal integrity, due process, justice and truth.
Generally, the procedures before the Public Ministry begin with the exercise of the right to
petition before the Directorate of Fundamental Rights of the Ministry. Whether or not there
is a response, successively all the necessary procedures are carried out so that the Public
Ministry registers and attends the complaints and also undertakes the corresponding
investigations in a timely and effective manner.
1. First contact: made by the researchers with the support of the legal team, mainly from
the Medicine and Forensic Science headquarters located in the selected regions. The
purpose is to be able to have direct contact with the right to life violations
(presumed extrajudicial executions) victims’ relatives:
2. Second contact: a second approach is made to the victim with the intention of
requesting first-hand information that will allow us to guide and evaluate the feasibility of
the specific case.
3. Presentation of legal strategy: it is necessary to propose to the victim the possible action
or the possible legal accompaniment in the agreed instances.
4. Legal accompaniment: with the action carried out and approved with the Proiuris
lawyer’s team, it is necessary to accompany the victim before his/her presentation in
national instances.
5. Follow-up and promote: after filing the complaint, the Proiuris lawyer’s team will be in
charge of following up and promoting it when necessary
Due to the contingency of COVID - 19, a legal assistance protocol was designed:
The legal team performs constant monitoring of possible human rights violations in the
context of the COVID-19, and alarm state decreed by the Government on 13 March 2020.
As the Constitution expressly establishes, the exceptional measures that could be taken in
a state of emergency (alarm state is one of the options) there are human rights that cannot
be restricted and, in any case, the restrictions must be justifiably proportional to the
circumstances of the contingency and to be adjusted to the principles of legality, necessity,
temporality, promotion and adaptation to international norms.
The standard that we must have as a reference is the established by the United Nations
on the need to guarantee the validity of human rights even in the states of exception
decreed by the States to face COVID-19[11] .
Form of advice:
3. The respective complaint form will be prepared. Thus, all possible data will be taken to
maintain frequent contact with the surviving victim and relatives (date of the complaint,
name, surname, age, identity card, trade or occupation, email , contact telephone
numbers, affected rights statement , brief narration of the facts and the actions to be taken
by the Legal Team).
4. The actions agreed with the victim will be exercised free of charge and at a
distance; these can be:
Complaint before the Public Ministry by telephone call to the number: 0212-509-
7244 / 0212-509-6462 / 0800- (FISCA ) 00 / 0800-3472200.
Complaint before the Ombudsman's Office at the number: 0212-507-7006 / 0212-
507-7040
7. After the pandemic, the case monitoring and the physical filing of actions will also be
evaluated before the corresponding authorities.
VI.- Documentation Development
Documentation was made in three stages . The third stage was reformulated from March
16, 2020, in compliance with the physical distancing measures recommended by the
World Health Organization to prevent the spread of COVID- 19.
Additionally in Aragua exist "red" areas controlled by organized crime, where access and
free movement of people is restricted and journalists passage for the purpose of gathering
information on violence, it is prohibited.
One of the most iconic areas of Maracay is the San Vicente neighborhood, to the west of
the city. It is one of the territories declared by the national government as a “zone of
peace”. In practice, it is an area given by authorities to criminal gangs to coordinate
disarmament course, which didn´t work in Aragua and other states of Venezuela.
No one can enter this community without authorization from the criminal groups that
control it. Leaflets have even circulated in San Vicente, through which criminal groups
notify neighbors of the prohibition of supplying information to anyone outside the
community.
San Carlos neighborhoods, January 23, Brisas del Lago and Campo Alegre,
Girardot municipality.
La Constituyente, Curiepe and La Línea neighborhoods, Santos Michelena
municipality.
El Conde and 5 de Julio neighborhoods, El Consejo-Las Tejerías section of the
Pan-American Highway, José Rafael Revenga municipality.
Los Maleteros neighborhood , La Concepción, El Tierral, El Cementerio
and Zuata , José Félix Ribas municipality.
Barrios FundaCoropo and Francisco de Miranda, municipality Francisco
Linares Alcántara .
Magdaleno, Tocorón and Los Tanques neighborhoods, Zamora municipality.
Los Tacariguas, Las Palmas, Los Hornos and La Ovallera neighborhoods ,
Libertador municipality
These areas coincide with the places where the victims were detected in
our press monitoring and through the first approaches of our regional investigator so the
documentation of alleged extrajudicial killings in these areas involves risk of death both for
members of Proiuris and surviving victims.
IX . Special reports
In Permanent Mourning[13]
Sulay Rodriguez , a surviving victim, related how officers from the FAES and the Scientific,
Criminal and Criminal Investigations Corps (CICPC), took five members of her family away
from her: Jhon Williams Linares Rodríguez and Yoember José Linares Rodríguez; her
husband William Antonio Linares, and two of her nephews.
The tragedy of this Lara family began in September 2018. In an alleged confrontation with
FAES officers, on Circunvalación Norte avenue, her husband William Linares, her
son Yoember Linares and her nephew Royer Aparicio were murdered .
In January 2020, the police violence came closer to him, to his own home, located in
the Las Tinajitas sector , in Barquisimeto. CICPC officers broke into the house and
subdued his remaining son , Jhon Linares , and another of his nephews, Carlos
Rodríguez. Then they took the two cousins out of the house and murdered them
X. Conclusions
It can be stated that in Venezuela violations of the right to life and personal
integrity , through extrajudicial executions , are not isolated cases. Our investigation was
able to demonstrate the systematic nature of the police actions . In more than 80% of the
16 cases documented patterns of action of state security bodies are met detected
by Proiuris , to define an extrajudicial execution.
In 100% of the cases studied, the pattern of murdering young men who come from poor
areas of Venezuela is met. Impunity, the alleged confrontation, the lack of court orders to
enter their homes and the alteration of evidence complete the factors that affect the victims
and their environment and increase the already serious violation.
The Public Ministry does not respond to complaints or undertake inquiries about the
abuses committed by the State security forces , despite the fact that the events are widely
reported in the media. In addition to violating the rights to personal integrity and life, the
rights to due process, justice and the truth.
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