Over 2,000 people have been detained in Venezuela following the July presidential elections, according to official sources. A majority are detained for exercising the right to peaceful protest. They are often isolated in undisclosed locations, deprived of communication with their families, denied access to trusted legal counsel, and deprived of basic facilities. As reported by the United Nations, some are subjected to enforced disappearances, mistreatment, torture, and sexual violence.
Those arbitrarily detained, including protesters, activists, journalists, and human rights defenders, are repeatedly denied due process. Both court-appointed public defenders and the Public Prosecutor’s Office systematically withhold critical information. Despite being aware of many cases, the Ombudsman’s Office has failed to fulfil its duty of assistance and has taken no action to protect the detainees or their families.
The right to a legitimate defence is systematically denied, with the Public Prosecutor’s Office obstructing access to case files. In some cases, the office has admitted that such files do not exist. The detainees' families are not provided with formal or regular updates on their loved one’s situation. This is despite the fact that a significant number of detainees suffer from chronic conditions that require regular medication.
The Venezuelan state is obliged to respect and deliver its human rights commitments. The commitments include the rights to due process, a fair trial, and personal integrity of those held in detention. The authorities must respect the citizen’s freedoms of expression, association, and peaceful assembly.
The networks of civil society organisations, Regional Alliance for Free Expression and Information and CIVICUS, call on the authorities to guarantee access to information for detainees, their families and their legal defence. These guarantees are essential to ensuring fair proceedings and the immediate, unconditional release of all people detained.
Authorities must cease the detention of those exercising their rights and ensure that all detainees are guaranteed a fair trial. This includes ensuring regular access for families and private defence counsel to all relevant information concerning the detainees’ legal, physical, psychological, and emotional states.
Families must be fully informed about the procedures for appointing trusted legal representatives and granted full and effective access to all judicial case files.
The exact location of all detainees must be disclosed, including details about the specific detention centres where they are being held. If detainees are transferred, both their defence teams and families must be kept aware. Such transparency is critical to preventing further human rights violations.
Details on detention conditions should be made available. This includes details regarding the quality and regularity of meals, the condition of cells, and the availability of appropriate bedding, hygiene products, healthcare, and sanitation facilities. Information on frequency of family and legal support visits must be made transparent.
Access to medical care must be provided, with trusted physicians, particularly for those with pre-existing physical or mental health conditions.
Moreover, there must be clear and effective processes for preventing, reporting, and addressing acts of torture and ill-treatment. Comprehensive records must be maintained for all incidents reported during state custody.
Authorities must provide clear and transparent information about the number of people held deprived of liberty. They must report the numbers of detainees disaggregated by age, nationality, ethnicity, gender, sexual orientation, gender identity or expression, disabilities affecting them, and any other relevant social factors that could impact the protection of their rights. This transparency is essential for ensuring accountability and for identifying potential protection gaps or discriminatory practices that could exacerbate the detainees’ situation.
The networks of organisations demand an immediate end to the arbitrary detentions and repression of protesters, activists, journalists, media workers, and human rights defenders. We call for the protection of civic space, ensuring access to information as a fundamental right. This access is vital to uphold other fundamental freedoms, including the right to a fair trial and due process. Effective measures must be implemented to protect these freedoms.
Signatories:
The Regional Alliance for Free Expression and Information is a network created in 2006, comprised of 17 leading non-governmental organisations from 15 countries across the Americas. They share the conviction that freedom of expression and access to public information are essential to ensuring the quality of democracy and creating an enabling environment for the enjoyment of other rights.
CIVICUS is a global alliance of civil society organisations dedicated to strengthening citizen action and civil society around the world. CIVICUS has 17,000 members worldwide.
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Cc: Office of the Vice President of the Republic, Ministry of Penitentiary Services.