The SCA notes information from the DPV that it has addressed human rights violations linked to the protest during the July 2024 election, freedom of expression and detention of journalists and complaints of enforced disappearances. On protest-related deaths, the DPV informed the SCA in writing that it had monitored the protest and documented 1,323 reports of violent incidents, including the death of 28 people, 130 injuries, and 1,139 persons deprived of liberty without directly attributing the unlawful use of force. The DPV also described coordination with judicial and prosecutorial authorities to address detention conditions and to facilitate contact with families and legal representatives.

The SCA notes the DPV’s response to complaints about the shrinking civic space, the protection of human rights defenders, violations of freedom of expression, and the detention of journalists, recognising that individual journalist cases are under criminal proceedings and referring the matter to the Public Prosecutor regarding detention conditions. The SCA further notes reports of the United Nations Independent International Fact-Finding Mission of detention of journalists due to actual or perceived status as opponents of the Government and the adoption and implementation of regulations that restrict or have the protection to restrict civil society participation.

The SCA notes the DPV’s response to complaints of enforced disappearances, stating that 97% of such complaints are unfounded, indicating arrests occurred within due process. The SCA also takes note of the Report of the United Nations Independent International Fact Finding Mission of Venezuela, which has documented cases of enforced disappearances and systemic blocking or rejection of habeas corpus applications by the Judiciary.

The SCA notes in the DPV´s response that it has taken actions ranging from awareness- raising and training on human rights and sexuality diversity to addressing and providing guidance in cases of discrimination and violence against LGBTIQ+ people. The SCA also notes that the DPV has advocated for the annulment of Article 565 of the Organic Code of Military Justice, which criminalized same-sex relations. The DPV recognizes that the State must continue strengthening public policies, legislation, and the institutions responsible for guaranteeing the rights of this population.

On the rights of migrants and refugees, the SCA notes that the DPV has established a Special Delegate Defensor with national jurisdiction for the protection of migrants, refugees and victims of human trafficking. While the SCA notes that the DPV cooperates with UNHCR and UNICEF in the development of guidelines, training and capacity building activities, it is concerned of reports that the DPV is not fully using its protection mandate and has limited cooperation with civil society in addressing human rights violations against migrants and refugees. The SCA further refers to information contained in the report of the Fact-Finding Mission on Venezuela of the existence of practice of prolonged incommunicado detentions of foreign nationals and the denial of access to consular assistance from their respective States.

The SCA is concerned that the DPV’s responses do not demonstrate functional independence, nor does it demonstrate a timely independent assessment of the human rights situation in the country.

The DPV has not spoken out in a manner that promotes protection for human rights in response to credible allegations of serious and systematic human rights violations.

Furthermore, information before the SCA indicates that the DPV is not consistently accepting complaints and that victims have faced reprisals when submitting complaints on serious violations of human rights, including enforced disappearances. The SCA also notes that the DPV is not using its power to investigate serious human rights violations on its own motion.

The SCA is of the view that the DPV has failed to fully implement its protection mandate including complaint handling. The SCA is of the view that in situation of state of emergency it is expected that an NHRI will conduct itself with a heightened level of vigilance and independence, and in strict accordance with its mandate. Furthermore, NHRIs are expected to promote and ensure respect for human rights, democratic principles and the strengthening of the rule of law in all circumstances and without exception.

Thus, the SCA is of the view that the DPV has not demonstrated that it has acted independently in addressing serious human rights violations.

The SCA refers to Paris Principles A.1 and A.3 and to its General Observations 1.2 on ‘Human rights mandate’ and 2.5 on ‘NHRIs during the situation of a coup d´état or a state of emergency’