The ICJ submitted a written statement on impunity and transitional justice, ahead of the March 2018 session of the UN Human Rights Council.
The written statement can be downloaded in PDF format below:
In English: UN-HRC37-WrittenStatement-NepalPeruImpunity-EN
In Spanish: UN-HRC37-WrittenStatement-NepalPeruImpunity-ESP
The ICJ today called on the UN Human Rights Committee and a group of UN Special Procedure mandates to take urgent follow up action on Venezuela in light of the grave and ever deteriorating human rights situation in the country.
In a letter to the UN Human Rights Committee, the treaty body responsible for monitoring implementation by States parties to the International Covenant on Civil and Political Rights (ICCPR), the ICJ called for urgent action by the Committee, either through its established follow-up procedure and/or through requesting a special interim report. The Committee’s follow-up procedure was referenced in the Committee’s Concluding Observations on Venezuela’s fourth periodic report under the ICCPR. Special interim reports may be requested by the Committee under Article 40(1)(b) of the ICCPR.
The ICJ also called for urgent action to be taken by the following UN Special Procedure mandates: the Working Group on Arbitrary Detention, the Special Rapporteur on freedom of opinion and expression, the Special Rapporteur on freedom of assembly and of association, the Special Rapporteur on the independence of judges and lawyers and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment. This group of Special Procedure mandates had on 4 August 2017 issued a joint statement on the human rights situation in Venezuela.
The ICJ’s letters draw attention to several critical areas of concern:
ICJ-Correspondence-VenezuelaFollowUp-HRCttee-2017-09-28 (download letter to the Human Rights Committee, in PDF)
ICJ-Correspondence-VenezuelaFollowUp-SPs-2017-09-28 (download letter to the Special Procedure mandates, in PDF)
ICJ reports:
Venezuela: the Supreme Court of Justice has become an arm of an authoritarian executive
Venezuela: rule of law and impunity crisis deepens
Venezuela: dismissal of Attorney General a further blow to the rule of law and accountability
In a statement to the UN Human Rights Council today, the ICJ called for the appointment of a Special Rapporteur on the situation for human rights in Venezuela, given the ongoing human rights and rule of law crisis in the country.
The statement, which was delivered during a general debate on country situations of concern, read as follows:
“In Venezuela, extrajudicial and arbitrary executions, torture, arbitrary detention, prosecution of civilians by military tribunals, and persecution and attacks against opponents, dissidents and human rights defenders have become systematic and widespread practices.
Demonstrations and protests are violently suppressed by state security bodies and groups of armed civilians close to the government.
These gross human rights violations remain subject to impunity.
The possibility of exercising fundamental freedoms of expression and assembly, as well as political rights, is non-existent.
Following a series of decisions by the Supreme Court of Justice and the Government, the rule of law has ceased to exist, there is no separation of powers, the legislative branch has been stripped of its constitutional powers and the judiciary has become an instrument of the Executive Branch.
The National Constituent Assembly has usurped functions that do not belong to it, such as legislating and dismissing officials.
The International Commission of Jurists considers that, given the very serious human rights situation and the breakdown of the rule of law, it is imperative that the Human Rights Council appoint a Special Rapporteur on the situation of human rights in Venezuela.”
ICJ reports:
Venezuela: the Supreme Court of Justice has become an arm of an authoritarian executive
Venezuela: rule of law and impunity crisis deepens
Venezuela: dismissal of Attorney General a further blow to the rule of law and accountability
Venezuela: Human rights and Rule of Law in deep crisis
Strengthening the Rule of Law in Venezuela
The ICJ today made an oral statement to the UN Human Rights Council, on the crisis for human rights and the rule of law in Venezuela.
The statement was made in general debate under item 2 on the oral update delivered by the High Commissioner for Human Rights.
The ICJ statement read as follows:
“The ICJ welcomes the efforts of the High Commissioner and his Office to document and draw attention to the situation in Venezuela, including through the report published on 30 August. As the High Commissioner highlighted, the situation only continues to worsen and the ICJ fully supports his call for the Council to establish an international investigation into human rights violations in Venezuela.
The deep human rights crisis and the breakdown of the rule of law in Venezuela is undoubtedly the most worrying situation in the American hemisphere.
Arbitrary detentions, extrajudicial and arbitrary executions, military trials of civilians and persecutions and harassments of opponents, dissidents and human rights defenders have become systematic and widespread practices.
The combined action of the Supreme Court of Justice, the Government and the National Constituent Assembly has destroyed the rule of law, suppressing the separation of powers, delivering a fatal blow to the Legislative, and seriously undermining independence and impartiality of the Judiciary.
The 1999 Constitution has de facto ceased to be in force and the road to arbitrary exercise of power has begun.
The ICJ considers that it is imperative that the Human Rights Council take action on this serious situation.”
The High Commissioner, in his oral update on 11 September, had stated as follows in relation to Venezuela:
“Last month my Office issued a report on Venezuela, highlighting excessive use of force by security officers, and multiple other human rights violations, in the context of anti-Government protests. There is a very real danger that tensions will further escalate, with the Government crushing democratic institutions and critical voices – including through criminal proceedings against opposition leaders, recourse to arbitrary detentions, excessive use of force, and ill-treatment of detainees, which in some cases amounts to torture. Venezuela is a Member State of this Council, and as such has a particular duty to “uphold the highest standards in the promotion and protection of human rights”, in the words of Resolution 60/251. My investigation suggests the possibility that crimes against humanity may have been committed, which can only be confirmed by a subsequent criminal investigation. While I support the concept of a national Truth and Reconciliation Commission, the current mechanism is inadequate. I therefore urge that it be reconfigured with the support and involvement of the international community. I also urge this Council to establish an international investigation into the human rights violations in Venezuela.”
The ICJ also launched today a new report on Venezuela, and convened a side event to discuss the need for action by the Human Rights Council.
The following document updates a report issued by the ICJ on 29 May 2012 as part of an on-going trial observation mission concerning the trial of Suriname President Desiré Delano Bouterse, accused of crimes involving unlawful killings.
Download the update below:
Suriname-Justice delayed Bouterse case-Advocacy-2017-ENG (in PDF)
AI y la CIJ apoyan la propuesta de creación de una Comisión Bicameral de la Verdad, la Memoria, la Justicia, la Reparación y el Fortalecimiento de las Instituciones de la Democracia en el país.
Esta comisión tratará de identificaciar las complicidades económicas y financieras en relación con violaciones de los derechos humanos y crímenes de derecho internacional cometidas durante la última dictadura militar, entre 1976 y 1983.
El trabajo de esta Comisión puede ser una contribución muy importante a la obtención de la verdad, justicia y reparación para las víctimas de la dictadura y sus cómplices económicos.
Sin embargo, esta iniciativa no debe reemplazar ni dilatar la actividad de la justicia ordinaria.
Argentina-Declaracion conjunta AI ICJ Complicidad economica-Advocacy-2015-SPA (full text in PDF)
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