REPORT O N THE C ONTEX T A ND PA TTERNS OF H U MA N RI GHTS V I OLA TI ONS I N VENEZU EL A (2018- 20 19) METROPOLITAN U NIVERS ITY ' S H U MAN RIGHTS CENTER MAY 2020 Founder Angelina Jaffé Carbonell Advisory Board Angelina Jaffé Carbonell Rogelio Pérez-Perdomo Tamara Bechar Alter Executive Director and Head of the International Criminal Law Area Andrea Santacruz. Attorney, Summa Cum Laude (Unimet). Master’s Degree in Business Tax Management graduated with honors (Unimet). Specialization in Crime and Criminology Sciences at the Central University of Venezuela (UCV). Ms. Santacruz is currently pursuing a Doctorate in Law at the Andrés Bello Catholic University (UCAB). Professor and Head of the Department of Legal Studies at the Metropolitan University (Unimet) Deputy Director and Head of the Human Rigts Violations Area Victoria Capriles. Attorney (Unimet). Master’s Degree in Sociology of Law, Cum Laude (Oñati International Institute for the Sociology of Law). Master’s Degree in Politics & Government, Cum Laude (Unimet). Ms. Capriles is currently pursuing a Doctorate in Political Science at the Simón Bolívar University (USB). Professor at the Department of International Studies at the Metropolitan University (Unimet) Human Rights Violations Researchers Vanessa Castillo, Liberal Arts student Fabiana de Freitas, Liberal Arts student International Criminal Law Researchers Alberto Seijas, Liberal Arts and Law student Andreina Bermúdez, Liberal Arts and Law student Rodrigo Colmenares, Law student Translation Team Mernoely Marfisi, Modern Languages student Sara Fadi, Liberal Arts student Cover photos: Damary Avendaño and Dexy González (Sergio González). Zulmith Espinoza (Victoria Capriles). José Gregorio and Elvira Pernalete (Embassy of Canada in Venezuela). Luz Cabeza (ALFAVIC-2017) Back cover photo: The saman (rain tree) of the Metropolitan University, by Martha Viaña, 2020 Repression at the University Interchange, 2017 Rodolfo Churión FOREWORD As previously stated, the focus was mainly internationally oriented, since one of the goals was for this operational Unit to stand out from other universities’ Human Since the year 2006, the recently created Rights Centers across the country. Department of International Studies had been flirting with promoting studies on Rapidly, the evolution of political events Public International Law. Quite notably, in Venezuela led the students to defend with disseminating information on how democratic principles, such as freedom of the diverse international Human Rights expression, the right to vote, personal protection systems work, including the freedom, and many other civil and jurisprudence of specialized courts in the political rights that have been violated field and transitional justice. In this area, throughout the country last decades. the Unimet has been a pioneer. The Human Rights Unit, along with the A group of professors from the professors from the Department of Legal Department began to organize different Studies, took to supporting the university activities that the students students who went out to the streets to enthusiastically received. The Human protest and were exposed to excesses, Rights Unit of the Legal and Political arrests, and abuses by the State security Studies Faculty at the Metropolitan forces. Alliances were formed with other University was created to structure these universities, most relevantly with the better. Central University of Venezuela and Andrés Bello Catholic University. That This Unit would reinforce the emphasis on support was extended to the entire this subject, which was included as an Unimet community, as well as to the essential part of the very curriculum for detainees’ relatives. obtaining a degree in Law. Little by little, this Unit was getting During the years in which the Caracas consolidated and had the crucial support Municipal Council’s Jesús María Olaso of a group of students who banded Order was in force, the Human Rights Unit together to back this effort by locating was an active member of it. It rewarded their classmates in detention centers, the commendable work of diverse providing logistical support, and personalities and groups from the identifying the diverse security forces of Venezuelan civil society. the State. It is an honor to write this foreword for Since then, several generations of the report that is being presented, which students have been trained in the ongoing reflects in itself the excellence of the fight for the defense of Human Rights, activity carried out. I wish the Center a and some have made this activity the long existence, which will surely be current nucleus of their professional lives. pivotal in the training of many more I can not name anyone to avoid unfair generations in this subject, always omissions. The fact that currently, two undermined, always in danger. former students of the University, now professors and graduate professionals, are It is an effort that undoubtedly at the head of the Metropolitan University contributes to the strengthening of Human Rights Center, says a lot. principles of democracy, justice, and civility that are sorely needed in the The international perspective has never country and the world. been lost, and the Unit introduced several legal remedies before international organizations, as was the case when the Angelina Jaffé C. government decided to withdraw the Founder of the Metropolitan country from the jurisdiction of the Inter- University Human Rights Unit American Court of Human Rights based in (now CDH-UNIMET) San José, Costa Rica. Rodolfo Churión Repression at the University Interchange, 2017 TABLE OF CONTENTS 1 Executive Summary 2 Presentation 3 January-December 2018 State Breakdown and Complex 4 Humanitarian Emergency 6 Gregory Hinds and Geraldine Chacón 14 Electoral Event of May 20, 2018 Violations of the Right to Life and 16 Impunity 16 Juan Pablo Pernalete Llovera 19 Yorman Bervecia Cabeza 21 Luis Guillermo Espinoza 22 Nelson Daniel Arévalo Avendaño 24 Rubén Darío González 25 Organizational and Advocacy Activities 26 January-December 2019 Deepening of the Complex Humanitarian 27 Emergency and Power Duality Murders and Arrests in the Context of the Peaceful 28 Protests Called by the Student Movement 32 Threats to the UNIMET Campus 33 National Blackout of March 2019 Meeting of the United Nations High Commissioner for Human Rights with Victims and Human Rights 35 Organizations 36 Organizational and Advocacy Activities 39 Conclusions "Alero de Luz" in homage to Juan Pablo Pernalete, Unimet Artist: Arq. Gregorio Rodríguez / Entre Rayas, 2019 EXECUTIVE Charlie Barrera / Crónica Uno SUMMARY Student at the entrance of the University, 2017 A new wave of protests began in 2019, During the year 2018, the Complex with a much shorter duration than those Humanitarian Emergency that the country arisen in 2014 and 2017. However, the is going through intensified. However, murder of 62 people as a result of these unlike the generalized repression of 2017 protests was documented. We also in the context of peaceful protests, recorded the forced disappearance of selective arrests took place in 2018 journalists, press workers, and a without judicial arrest warrants or in restriction on the right to freedom of flagrante delicto, under which even expression. enforced disappearances occurred, with particular emphasis on a systematic policy Even though a commission from the of criminalization of the human rights United Nations Office of the High defenders work. Commissioner for Human Rights was in the country, a policy of persecuting Furthermore, a policy of impunity is also dissenters was maintained as a form of maintained against the murders that attack to the civilian population. occurred in 2017. Similarly, the deterioration of essential Nicolás Maduro lost his legitimacy of services, especially the electric service origin in the electoral event of May 20, and threats to the Unimet university 2018, a situation he ratified by taking the campus, was recorded. oath of office as President on January 10, 2019. On January 23, Juan Guaidó, Despite this complex context, the CDH- President of the Legislative Branch, was UNIMET widened its reach and impact on sworn as Interim President of Venezuela, national and international levels, by after an analogous and comprehensive carrying out diverse individual activities application of various articles of the and other ones in conjunction with other Venezuelan Constitution, which generates human rights organizations and civil a duplication of power within the society. Venezuelan State. 1 Student protest at the University Interchange, 2017 Rodolfo Churión PRESENTATION From the Human Rights Center of the Metropolitan University, we present the first edition of our Annual Report on the During the year 2018, the Center context and patterns of human rights established two areas of specialization: in violations in Venezuela. This edition will International Criminal Law, which be Biennial. It will cover the period from included the analysis of transitional January 2018 to December 2019, focusing justice mechanisms, led by Professor on the human rights violations Andrea Santacruz, and an area focused on documented by the CDH-UNIMET during Human Rights, including, since 2019, the this period, the incidence and other issue of the Venezuelan migration and activities that we have carried out from refugee crisis, led by Professor Victoria the Center. Capriles. Since January 10, 2017, when we went To carry out this report, we use a from being a Human Rights Unit to