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Inter-American Comission on Human Rights Resolution 14/2020

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INTER-AMERICAN COMISSION ON HUMAN RIGHTS RESOLUTION 14/2020 Precautionary Measure No. 1205-19 Relatives of the journalist Roberto Deniz Machin regarding Venezuela February 5, 2020 Original: Spanish I. INTRODUCTION 1. On December 19, 2019, the Inter-American Commission on Human Rights (hereinafter “the Inter- American Commission”, “the Commission” or “the IACHR”) received a request for precautionary measures filed by Ana Bejarano Ricaurte1 (hereinafter “the applicants” or “the applicant”) urging the IACHR to request that the Bolivarian Republic of Venezuela (hereinafter “Venezuela” or “the State”) take the necessary measures to protect the rights to life and personal integrity of the identified family groups of Roberto Deniz Machin2, Ewald Carlos Scharfenberg Echegaray3 and Joseph Poliszuk Halle4, as well as those of such journalists, members of the website Armando.Info. According to the request, the proposed beneficiaries are in a situation of risk in Venezuela, due to the exercise of their right to freedom of expression. 2. In accordance with Article 25 of the Rules of Procedure, the Commission requested information from the State on January 15, 2020, without having received any response to date. On February 1, 2020, the representatives submitted additional information. 3. Upon analyzing the submissions of fact and law by the applicants, the Commission considers that the information presented proves prima facie that the rights to life and personal integrity of the relatives of Roberto Deniz Machin are at risk. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requests that Venezuela: a) take the necessary measures to protect the rights to life and personal integrity of the identified relatives of Mr. Roberto Deniz Machin; b) consult and agree upon the measures to be adopted with the beneficiaries and their representative; and c)inform on the actions taken to investigate the alleged facts that caused the adoption of the present precautionary measure, so as to prevent such incidents from reoccurring. II. SUMMARY OF THE FACTS AND ARGUMENTS 4. Four years ago, Roberto Deniz Machin, Joseph Poliszuk Halle, Ewald Carlos Scharfenberg Echegaray and Alfredo José Meza Jiménez founded the website Armando.Info, characterized as an independent online platform that, in the middle of the crisis faced in Venezuela, seeks to create content in criticism of the political relations of the current government of Nicolás Maduro and of the “Chavismo” movement in general. To date, the website has contained investigations about money laundering, human rights, corruption and environment related to Venezuelan politics. 5. According to the request, a couple of years ago certain reports were published about Mr. Alex Nain Saab Moran, a Colombian entrepreneur who on various occasions has contracted with the 1 On January 21, 2020, she joined the Espacio Público organization as an applicant. 2 Isidro Deniz (father), Elba De Deniz (mother), Alexis Deniz (brother), Leydi Giralda (sister in-law) and two minors. 3 Nelly del Valle Dorta Fernández (partner), and Dorelba Scharfenberg Echegaray (sister). 4 Semi Poliszuk Vaisbich and Flor Halle de Poliszuk (father and mother), Hillel Poliszuk Halle (brother) and two minors. - 1 - Venezuelan government and has been involved in presumed scandals [sic] of corruption in connection with the Local Committees for Supply and Production (CLAP). The investigations revealed that Mr. Saab and his company have made their fortune through the CLAP, and although the contract has allegedly been carried out irregularly, the Venezuelan government has reportedly granted more State contracts on diverse subjects as the intermediation before the Ministry of Health in the purchase of medications and the supply of building materials. 6. After publishing the journalistic investigations, on September 6, 2017, Mr. Saab filed a criminal complaint for the offense of continued aggravated defamation and continued insult against the journalists of Armando.Info. The applicants submitted arguments regarding the irregularities of the criminal proceeding that have reportedly led to the resignation of the judiciary officer in charge. In the context of the proceeding, on July 30, 2018 a precautionary measure was issued prohibiting them from leaving the country. At the same time, the National Commission of Telecommunications ordered the portal Armando.Info to refrain from making any “statements against the honor and reputation of the citizen Alex Nain Saab Moran.” The journalists stated that they felt they had no other option than to leave the country5. 7. Despite being out of the country, the journalists allegedly continued carrying out investigations about Venezuela. On December 1, 2019, the journalist Roberto Deniz published a piece titled “Do you need to launder your reputation? Deputies are for rent to do so” on the website. That investigation stated that: Parliament members of several opposition political parties have been collaborating for a few months to carry out informal arrangements before organizations such as the Colombian Office of the Attorney General or the United States Department of the Treasury. They issue letters of good conduct in favor of those responsible for the negotiated [sic] about imports for the CLAP combos, with the aim that these organizations absolve or stop investigating entrepreneurs such as Carlos Lizcano, an auxiliar to the already internationally sanctioned Alex Saab and Álvaro Pulido. The fact that from within the "in contempt" National Assembly there is an active defense of the main social program and corruption source of the Government of Nicolás Maduro is only one of the ironies of this story. 8. According to the reported information, after the publication of that investigation, a series of “attacks” towards the founding journalists and their families has allegedly been generated. In particular, on December 17, 2019, officers of the Bolivarian National Intelligence Service (SEBIN) appeared and settled outside the house of the family group of journalist Roberto Deniz. SEBIN officers arrived at the residence and inquired with the building guard if the family from “floor 8” (the Deniz family) lived there and who was in the residence at that time. The guard noticed that SEBIN officers carried documentation in their hands that they did not disclose. After inquiries about the residence, the officers remained parked at the entrance of the building for a while. After this event, the other family groups said they were in distress and lacked protection, but indicated that "they have not been subjected to any particular harassment for now." The applicants consider that what happened is part of a strategy of intimidation due to the revelations published on the website that would compromise high State officers. 5 Reportedly, Alfredo José Meza Jiménez lives in the Unites States; Roberto Deniz Machín and Ewald Carlos Scharfenberg Echegaray live in Bogotá-Colombia under a scholarship by the Open Society Foundation; Joseph Poliszuk Halle is currently pursuing Post-graduate studies at Stanford University in California. - 2 - 9. The applicant also indicated that the journalists received direct messages and social media messages from deputies of the National Assembly of Venezuela aimed at intimidating them. In particular, after the investigation, on December 1, 2019, Representative Luis Parra, who had been previously contacted by Deniz to obtain his version, allegedly sent him a message via WhatsApp in which he had threatened the following: “If you have so much moral and Ethics (sic) come to Venezuela and you can do what we do, without fear of anything or anyone (sic),”; and “The plan to extort me the way you are used to doing after blackmailing me, I think it will never work, scammer.” The same representative reportedly exposed the journalist Deniz on social media, accusing him of directing an extortion network based on the publications made on Armando.Info. In that same sense, the father of Representative Conrado Pérez reportedly accused journalist Deniz, via Twitter, of receiving money in exchange for publications made. Threats were allegedly received from unidentified people through the same social network in which journalists are called extortionists, claiming that they will soon go to jail in different parts of the world. 10. Lastly, the applicants indicated that it is impossible for them to report the events that occurred before the State authorities, since allegedly these same authorities are the ones involved. III. ANALYSIS OF THE ELEMENTS OF SERIOUSNESS, URGENCY AND IRREPARABLE HARM 11. The precautionary measures mechanism is part of the Commission's function of overseeing compliance with the human rights obligations established in Article 106 of the Charter of the Organization of American States. These general supervisory functions are established in Article 18 (b) of the Statute of the IACHR. The precautionary measures mechanism is described in Article 25 of the Commission's Rules of Procedure. In accordance with that article, the Commission grants precautionary measures in serious and urgent situations, and when these measures are necessary to prevent an irreparable harm. 12. The Inter-American Commission and the Inter-American Court on Human Rights (hereinafter “the Inter-American Court” or “I/A Court H.R.”) have established repeatedly that precautionary and provisional measures have a dual nature, both protective and precautionary. Regarding the protective nature, these measures
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