Bulletin No. 72 From February 4 to 11, 2019 www.crisisenvenezuela.com Bulletin No. 72 From February 4 to 11, 2019

Transparencia - www.transparencia.org.ve Red balances of Tarek William Saab’s “struggle” against corruption “No-way-back” struggle against late President Hugo Chávez. Equally corruption, started in 2018 by Tarek remarkable are the cases of William Saab, Attorney General ex-ministers involved in a plot for appointed by questioned legitimizing capitals at Andorra’s Constituent National Assembly Private Banks. (ANC), did have way-backs, when compared with AG’s goals in the In 2018, the Prosecutor’s Office previous year. Although actions –under ANC’s protection– diminished against responsible officials were its presence and action, not only promised, all that really happened numerically, but also respecting was a series of vengeful actings opportune investigations: many against those who became impulsed investigations were opponents or dissidents from the so-called revolution. activated after a long time had passed, when other countries’ justice systems had gone ahead on the same Whereas in 2017 the Attorney General’s Office cases. Besides, key matters –like the CLAP’s corruption investigated 117 cases of corruption, that entity’s website nets concerning imported food –were simply disregarded. informs that, in 2018, only 36 investigations were Among the latter, gold trafficking mafias operating in forwarded. From those, 21 cases are related to high level Orinoco’s Mining Arch; and the defalcation within the officials, especially in the State Company Petroleos de so-called Operation Money Flight– a case initiated by the Venezuela (PDVSA). Prosecution Office of Southern Florida, U.S.A

Particularly remarkable was the vigorous action against ex-president of PDVSA, Rafael Ramirez, who turned http://bit.ly/2RS0qrl towards disidency after being for years the right hand of

CEPAZ - www.cepaz.org.ve A guide for understanding humanitarian help Within the framework of a What is left to civil society’s complex humanitarian organizations? Civil society’s emergency, Venezuela faces an organizations are important unprecedented crisis. Economic actors, they contribute and political collapse in our strengthening collective country –getting worse by the democratic values, and civic day– have derived into a crisis, in participation. That is the reason which food and medical inputs why they have had a are not available to many fundamental participation in venezuelans. processes of humanitarian help, especially organizations that Humanitarian help is a work on human rights. Their job mechanism foreseen in focuses centrally not only on International Humanitarian Law, dispensing humanitarian help, destined to aid vulnerable but also on realizing the populations that suffer severely, due to natural combined team work of documenting and controlling, phenomena or to armed conflicts. According to the from the human rights point of view, in order to definition stated by UNO/ONU, such help must be comprehend the wide spectrum of the situation. consistent with humane principles; and be impartial, neutral, and operatively independent. The organism that normally channels this type of mechanism is UNO/ONU; or a coalition of countries that wish to support a http://bit.ly/2SlsFDE vulnerable population in a specific case. Bulletin No. 72 From February 4 to 11, 2019

PROVEA - www.derechos.org.ve Avoiding a forced way out by promoting free elections

After the swearing-in of countries have recognized the president of National Guaidó as the current Assembly (AN) deputy Juan president of Venezuela; and Guaidó, as the president in have agreed on a Linking charge of Venezuela, more Commission for supporting a than 40 countries have not negotiated way out within recognized Nicolás Maduro 90 days. The United States, as a mandatory, due to his playing a leading role as for illegitimacy of origin, because diplomatic pressure, has his second presidential stated that “all the options period derives from a are on the table” –without scandalous electoral fraud. discarding the use of their The route defined by the armed forces, yet initiating a board of directors of AN –the series of sanctions against only legitimate Public Power in Venezuela– aims, first of all, Venezuelan oil. at the ceasing of the usurpation; then, at a transition government; and then, at free elections. The answer of the The road to a democratic transition has two ruling circle has been grasping Power and replying alternatives: a negotiated way out or a forced way out. protests in popular sectors with deceases and arrested Nicolás Maduro has closed all the possibilities for a pacific people. As for supporting transition, two days of and constitutional solution of the conflict; he seems to be nationwide protest, January 23 and February 2, have interested in a warlike confrontation. We, Venezuelans ratified the blunt rejection of the majority of the have a decisive part in determining now our destiny as a population before the Present Executive Power. country. All the social, guild, and human right organizations in the country must sum up for the The Group of Lima –except México– has demanded negotiated solution that leads to transparent elections, free and democratic elections, as a mechanism for solving inclusive and democratic; and sum up for avoiding the crisis; and has refused the possibility of any type of extremes; which might result regrettable for our country military action. Except Italy, the rest of as well as for human rights.

Defiende Venezuela - www.defiendevenezuela.org What is US AID?

Recently, the government It is an agency that supports of United States began to send the government’s foreign policy; packages of humanitarian help directs assistance in disastrous to Venezuela –aliments and situations, through associations medicines– via neighbor and investments that save lives; country Colombia. This is a reduces poverty; strengthens response to the petition of democratic governability; and president in charge Juan helps people to get out of Guaidó, emitted on January humanitarian crisis and progress, 24, 2019. Under which beyond immediate assistance. mechanism USA’s government is sending us humanitarian help? Therefore, US AID is a governmental USA’s mechanism designed for supporting persons, and also for helping The answer is United States Agency for International them to grow auto-sufficient, to be able to lead their own Development (US AID), which was created by President developmental processes, by means of solving conflicts, John F. Kennedy in 1961 for leading international preventing the spread of pandemic illnesses, and development and humanitarian help of United States’ counteracting violence, instability, transnational government. delinquency, and other threats to collective security. Bulletin No. 72 From February 4 to 11, 2019

Un Mundo Sin Mordaza - www.sinmordaza.org #ApadrinaUnDefensor (SponsorADefender) campaign aims at forming activists in Human Rights NGO Un Mundo Sin Mordaza, allied Am Gagless, and Un Mundo Sin with the Extension Center of Mordaza. Sponsors can follow up the Metropolitan University (CENDECO), development of the participant(s) offer the Diploma Course 101 DDHH, in sponsored by them. The Course runs which participants will be provided along 120 academic hours of with bases and tools necessary for assistance in person, during which the working on Human Rights, in order to participant will acquire theoretical deepen and understand the ethical, knowledges that a person must political, and juridical dimensions command when starting in the world concerned. of human rights, for effectively protecting them, both nationally and Graduates will be capable to internationally. Besides, they will be develop and emerge as new social taught all the necessary knowledges leaders: dynamic, sympathetic, always for elaborating a factible project watching over the accomplishment of related to Human Rights. fundamental rights. In this opportunity, a campaign called Students will consider in depth the #ApadrinaUnDefensor How to collaborate? Our campaign real situation of Human Rights in (#SponsorADefender) is addressed to includes seven plans. In each one, Venezuela; and will share and interact all persons and institutions that may contributions are different; and those with leaders and activists, who will support the course Diploma on who wish sponsoring a defender will give them appropriate tools for Human Rights, which aims at forming choose the most convenient plan in developing their initiatives in future leaders with a civic commitment, for each case. Plans are: Documenting times. Finally, they will present a working in promoting a participative Truth, We Resist for Venezuela, project oriented to the full application culture of respect and defense of Projects of Hope, Sponsor a Defender of Human Rights, and to Juvenile Human Rights in the country. of HHRR (DDHH), Forming Future, I Leadership.

Espacio Público - www.espaciopublico.ong January 2019! No talking about politics!

Cases documented during In January 2019, 69 cases of the first month of this year this type meant 131 violations concerning violations of against the right to freedom of freedom of expression are not expression in Venezuela. Data alone punctual events. In reveal an unusual increase, Venezuela, there is a State which points out a social and policy, realized jointly or political conflict: 20 mass media separately by authorities of the workers were detained, 9 Public Powers, for restricting communication enterprises and the free circulation of programs were put off the air, information and ideas. social nets were blocked, and coverage was restricted. Such restrictive State policy includes a constant disqualification of mass media and journalists; massive blocking of social nets; unpunished violent attacks against reporters in the streets; institutional violence, by opening administrative and/or judicial processes; and exhortations to private radio hosts http://bit.ly/2UVetyf to not treating certain matters. Bulletin No. 72 From February 4 to 11, 2019

CIVILIS Derechos Humanos - www.civilisac.org Venezuelans count on a new data base, charge-free, about national and international juridical contents x is destined to strengthen the work it is obligatory for all of us handling pro defense of human rights assumed the juridical context. by civil society, as for documentation, juridical assistance, activism, and What else can be found in academic investigation, among many BajuriDH? Resolutions of organism other aspects. Those who visit this with judicial, legislative, and page will find sentences, laws, and administrative functions in Venezuela; other norms and juridical acts, all of international treaties; documents them of strong impact on our national related to international systems of life. protection (Interamerican, United Nations, European Court, and African Given that the defense of human Commission, among others); and a rights is a job that requires knowledge complete glossary and a wide stock of and action; and given that access to juridical information related to human public information is restricted; the rights. Civilis Derechos Humanos principal strength of BajuriDH is being designed a new data base of juridical easily reachable and charge-free, contents, with a national and therefore available for everyone. international range, applicable in Venezuela faces huge challenges Venezuela. Civilis had the support of respecting the State of Rights, http://bit.ly/2Glep7r NGOs Acceso a la Justicia and democratic institutionality, practise of Proiuris. Website https:// liberties, human rights, and an bajuridh.appcivilisac.org.ve/index.asp effective access to justice; that is why

Foro Penal - www.foropenal.com Foro Penal proposes an exclusion clause for the Amnesty Law presented by National Assembly

By February 8, 2019, Foro proposed integrating an Penal has registered 14.025 express clause of exclusion, arbitrary arrests in Venezuela to favor all the persons that, since January 1st, 2014. 817 within the period covered by civilians have been presented the amnesty, may have before Military Courts. Since committed grave violations January 2014 up to date, we of Human Rights. In addition, have accumulated 2.570 we have demanded respect certified political prisoners. of all criteria fixed by Full liberty or release under UNO’s/ONU’s Office of the diverse modalities have been High Commissioner for obtained in 1.611 cases. Human Rights that concern amnesties, deemed as By April 2014 we had 117 instruments for being used political prisoners. Today, the cipher for this category of by societies that go out of conflict; and also separating inmates is 959, which has been verified by OAS/OEA. amnesty from other similar mechanisms within transitional From those, 102 are women. Besides, 7.760 persons are justice. This intends to grant privileges or judicial benefits still unfairly submitted to penal processes under caution to those who recognize being responsible for committing measures. crimes; yet, may and will contribute to the restoration of democracy. We think that amnesty cannot be a synonym In the context of the Amnesty Law proposed by AN –at for impunity, in case of grave violations against human this moment under political consultations–, Foro Penal has rights. Bulletin No. 72 From February 4 to 11, 2019

Codevida - www.codevida.org Codevida exhorts United Nations to activate humanitarian help in Venezuela In Codevida, we warn people Each day that passes by with chronic health conditions: the without the activation of such humanitarian help announced by mechanism of cooperation, more National Assembly (AN) will not venezuelans suffer and die be enough to satisfy the sanitary because of the humanitarian demands of the entire population. emergency we are enduring. It is just a punctual action that ONU’s responsibility is clear: it is a could alleviate sufferings along the human right to count on and borderline, but not so elsewhere in accede humanitarian help. the country.

Due to the former, we call out to United Nations Organizations (ONU) to activate the mechanism they have available by mandate, in order to http://bit.ly/2DsQeAa favor humanitarian help.

Acceso a la Justicia - www.accesoalajusticia.org Juan Guaidó did not “auto-proclaim” Last January 23, deputy for the In addition, we are concerned state of Vargas and currently about UNO’s aforementioned press president of the National Assembly note, that refers to Nicolás Maduro as (AN), Juan Guaidó Márquez, during a the “constitutional president”, despite multitudinary concentration of the fact that he does not fulfill the citizens, and in presence of other requirements to be considered as deputies and the board of directors of such. Presidential elections for the the Parliament, swore-in and assumed period 2019-2025 did not happen at the Presidency of the Republic for an the constitutionally established time, interim, due to the usurpation of that which was December 2018, the closest position by Nicolás Maduro Moros. Legislations –arts.153 of the Organic possible to the end of the current Such was declared by AN via an Law on Electoral Processes, presidential period, which was January Agreement –January 15, 2019– in a extraordinary Official Gazette 5928, 10. Those elections were in May 2018, formal session. Nonetheless, the oath August 12, 2009– the act of with no justification at all. Besides, the of the President of the Republic in proclamation means declaring the electoral process was not convoked charge, Juan Guaidó, was qualified by results of the scrutiny of a given by the National Electoral Council many international mass media as an electoral process, which means the (CNE), the competent organ; instead “auto-proclamation”; and even the recognition of the elected candidate of it, convocation was made by United Nations Organization (s) and consequently, the end of the Constituent National Assembly (ANC). (UNO/ONU) did so, in a press note electoral event. On the other hand, the On top: the main political parties of the about the session of the Security swearing-in is a solemn act that opposition were annulled via Supreme Council held on January 26. implies the official’s acceptance of the Court of Justice (TSJ), CNE, and ANC. Constitution for both, complying with Acceso a la Justicia deems as it and making everyone do the same; pertinent to clarify on the use of the and the promise of fidelity. The words “proclamation” and swearing-in is an indispensable “auto-proclamation”. They are not requirement for acceding public adequate, because they have a positions, as stated by art.1 of the Act http://bit.ly/2E39fe6 juridical reach and a meaning quite on Oath-taking (Official Gazette 21799, different to the occurrence on January August 30, 1945). 23, 2019. According to Venezuelan Bulletin No. 72 From February 4 to 11, 2019

Bloque Constitucional - www.bloqueconstitucional.com National Assembly approved a Statute to rule transition to democracy in Venezuela Last February 5, 2019, established in arts.25 and 139 National Assembly (AN) of the Constitution. Every passed primarily a project of public official has the duty of Law called Statute to rule complying with arts. 7 (‘The Transition to Democracy and Constitution is the supreme Re-establishment of Validity norm and the foundation of of the Venezuelan juridical order. All persons and Constitution. The bill foresees organs of the Public Power are the installation of a provisional submitted to this government, and the Constitution’) and 333 (‘All convocation to free elections; citizens, whether invested and also the designation of a with authority or not, have the new National Electoral duty of collaborating to Council (CNE), new restablish its effective magistrates for the Supreme validity’) of the Constitution, in Court of Justice (TSJ), and order to obey mandates from new representatives of the Civic Power. legitimates Public Powers in Venezuela, especially when they concern the actings in progress of the present We deem as important that, among the objectives of Statute”. this Law, must be definite lines about the Constitutional integration of National Armed Force within democratic Among lines for political transition, art. 18 specifies that transition, according to art.328 of our Constitution: AN will emit Laws to promote such political transition “National Armed Force is an essentially professional according with art. 333 of the Constitution. Those Laws institution, without any political militancy, organized by will define policies oriented to the effective the State for guaranteeing the independence and the accomplishment of art. 328 of our Constitution, regarding sovereignty of the Nation. It is to serve the Nation National Armed Force within the process of democratic exclusively, in no case to a person nor any political transition. Because of these and other reasons, Bloque partiality”. Art. 11 of the Statute –dedicated to the ceasing Constitucional de Venezuela considers the Statute for of due obedience to an usurped authority– states: “No Transition as an exceptional normative regime, with the citizen, invested or not with authority, will obey mandates aim of restoring the constitutional institutionality from an usurped authority. Public officials who contribute derogated by Nicolás Maduro’s usurpation and by with the usurpation will commit their responsibility, as it is Constituent National Assembly (ANC).