By: Emily Green
Impunity Watch Reporter, South America

CARACAS, Venezuela – The Venezuelan Supreme Court justices have accused President Nicolas Maduro’s government officials of committing crimes against humanity. They filed the complaint with the International Criminal Court while exiled from the country.

The complaint was sent to The Hague by Supreme Court justices who were appointed by the opposition. It accuses Maduro and nearly 60 other officials of a systematic persecution of dissent. Any citizen who speaks out against the regime is immediately labeled an enemy of the state. This strict system of social controls and subjugation, the complaint argues, creates a society where “people who are ideologically opposed to it are dominated, moved or destroyed, all with the goal of making it … irreversible.”

The complaint was initially filed by Hebert Garcia Plaza, the former Maduro cabinet minister in charge of food supplies, along with the Supreme Court of Justice. The justices were appointed by the opposition-controlled legislature earlier this year. Now that the National Assembly has been pushed out and replaced with the pro-government constituent assembly, the justices have been exiled under threat of arrest.

The Appeals Branch of the Venezuelan Supreme Court of Justice made the decision to file the complaint. A representative referenced crime involving murder, imprisonment in violation of fundamental international laws, and the persecution of a group because of political motives. Only those who were loyal to the government had access to food and medicines,  so citizens were put in difficult situations. The court added that around 20 million citizens might have to abandon their country because of threats to their health. The risk of dying is high due to poor nutrition, a lack of medicine, and government forces’ deadly actions toward dissidents. They included evidence that Venezuela’s suffering is a direct result of government policies.

This announcement comes just one week after former Venezuelan Attorney General Luisa Ortega, also in exile, asked the International Criminal Court to capture and bring President Maduro to trial. Ortega claims that government officials are responsible for 8,290 deaths carried out by security forces from 2015 to 2017. She sent more than 1,000 pieces of “evidence” to the ICC and proof of repression during anti-government protests. She explained that the killings occurred “under the orders of the executive branch, as part of a social cleansing plan carried out by the government.”

The ICC has authority to investigate and try individuals accused of crimes against humanity when a nation state is deemed unable to carry out the process itself, but the ICC has yet to officially respond to Ortega’s accusations.

The complaint accuses prominent officials such as Interior Minister Nestor Reverol, Defense Minister Vladimir Padrino López, former national guard chief Antonio Benavides Torres, Vice President Tareck El Aissami and former National Assembly President Diosdado Cabello.

For more information, please see:

Miami Herald – Venezuelan officials accused of crimes against humanity in The Hague – 21 November 2017

PanAm Post – Venezuela’s Legitimate Supreme Court to Denounce Maduro Regime before International Criminal Court – 21 November 2017

Venezuela Analysis – Venezuela’s Fugitive Ex-Attorney General Accuses President Maduro of Crimes Against Humanity – 17 November 2017

Reuters – Venezuela’s ex-prosecutor wants Maduro tried at The Hague – 16 November 2017

Independent – Venezuela’s president accused of crimes against humanity – 16 November 2017

By: Emily Green
Impunity Watch Reporter, South America

CARACAS, Venezuela – Chile’s Foreign Ministry granted political asylum to one of Venezuela’s most prominent opposition leaders, Freddy Guevara. He has taken refuge in the Chilean ambassador’s residence.

The Ministry said in a statement that “it had welcomed congressman Freddy Guevara as a guest, in line with Chile’s humanitarian tradition.” Mr. Guevara, 31, is the vice-president of Venezuela’s National Assembly. He has been accused of instigating violence during opposition protests, and asks for political protection because he feels there are imminent threats to his security.

Mr. Guevara arrived in Caracas On November 4 with his girlfriend to take refuge with the Chilean embassy. This concluded a suspenseful 24-hour period in which vehicles belonging to the Sebin intelligence police surrounded Mr. Guevera’s home and forced him into hiding.  Mr. Guevara is currently in the ambassador’s residence which is located in an exclusive country club neighborhood with walled-in estates and a golf course. There was no sign of activity at the refuge the following morning.

The Supreme Court of Venezuela is calling for Mr. Guevara’s arrest on allegations of inciting unrest and violence during months of anti-government protests. The National Assembly’s president, Julio Borges, claims President Maduro’s government is behind the court’s ruling. Several other key opposition members have been prosecuted, jailed, or stripped of their political rights since Maduro was elected in 2013. Mr. Borges stated, “Venezuela is hungry for food, but also freedom, justice and dignity.”

The government-stacked Supreme Court barred Mr. Guevara from leaving the country and has called on the Constitutional Assembly to strip his immunity from prosecution. The Constitutional Assembly was recently created to replace the National Assembly and is filled with pro-government members. President Maduro has given the Constitutional Assembly virtually unlimited power. However, law says that the opposition-controlled National Assembly should be the one to determine whether a legislator should lose constitutional immunity. This attempt to shift power away from the National Assembly and prosecute one of its leaders demonstrates Maduro’s effort to tighten his grip on power.

Venezuela’s Foreign Minister Jorge Arreaza spoke on behalf of the government and labelled Guevara a coward. He tweeted, “some people are brave when it comes to inciting violence, destruction and death, but when justice is done, they run away in shameful cowardice.” Other government authorities also publicly mocked him for taking refuge in the embassy.

The United States has denounced the pro-government Constitutional Assembly for taking his immunity. Mr. Guevara was often on the front lines of protests demanding early elections, humanitarian aid to alleviate hunger, freedom for imprisoned dissidents, and respect for the National Assembly.

For more information, please see:

Guam Daily Post – Venezuela opposition leader seeks refuge in Chile – 7 November 2017

Voice of America – US Denounces Venezuela After Legislature Targeted Opposition Leader Guevara – 7 November 2017

The Guardian – Chile willing to grant asylum to Venezuelan opposition lawmaker – 7 November 2017

BBC – Venezuela opposition politician Freddy Guevara seeks refuge – 5 November 2017

ABC News – Venezuela opposition leader seeks refuge in Chilean embassy – 5 November 2017

By: Fernando Oliveira
Impunity Watch Reporter, South America

NEW YORK, United States – On October 15, 2017, relying on the United Nation Resolution 2,350/2017, the MINUSTAH (French acronym for United Nations Stabilization Mission in Haiti) left the Caribbean island, being replaced by the Mission for Justice Support (MINUJUSTH), now integrated by 295 police officers, meant to assist and strengthen local police forces.

The mission, led by the Brazilian army with the assistance of other 16 nations, commenced  in April 2004, two months after the then Haitian President Jean-Bertrand Aristide was ousted for the second time by local revolutionaries.  Indeed, soon after Aristides’ deposition, various armed gangs took the country’s capital, Port-au-Prince, mainly the neighborhood named Cité Soleil, and started to firefight among themselves in a dispute to take the country’s power. The situation, thus, became completely out of control.

As such, the most relevant goal of the U.N. peacekeepers was to quell those armed gangs, in order to stabilize the country again. After many years combating them, the MINUSTAH accomplished the mission and restored the peace in Haiti.

However, during that long period, the MINUSTAH faced some serious troubles such as militaries being charged of sexual abuse against Haitian teenagers, and unnecessary force used against civilians. Furthermore, diseases and natural catastrophes turned things more complicated. In fact, in 2010, a deadly earthquake destroyed almost the entire country; later on, in that same year, U.N. militaries from Nepal were blamed on a cholera outbreak, which killed over 9,000 Haitians. Beyond that, in 2016, Haiti was taken by the hurricane Matthew. All those disasters contributed to postpone the end of the operation.

Nonetheless, the mission is considered a success by the U.N. According to Sandra Honoré, U.N. special representative and head of MINUSTAH:

“These are all indications that the people of Haiti are ready to move forward.”

Now, MINUSTAH troops have been replaced by MINUJUSTH, which will operate in Haiti for about two years. As the local police gets ready to operate by itself, the U.N. police force will gradually withdraw, eventually putting an end to its intervention.

For more information, please see:

New York Times – U.N. Votes Unanimously to End Peacekeeping Mission in Haiti – 13 April 2017

Telesur – UN Military Force Led by Brazil Will Leave Haiti in October – 22 April 2017

Newsweek – After 13 Years and Several Scandals, U.N. Votes To End Mission In Haiti – 13 April 2017

BBC News – Brazil plans Haiti peacekeeping withdrawal, says Amorim– 6 September 2011

EBC Agencia Brasil – Brazil prepares for final withdrawal of Haiti mission – 22 July 2017

Los Angeles Times – U.N. peacekeepers are leaving after more than two decades, but where does that leave Haiti? – 17 April 2017

BOGOTA, Colombia – Human Rights Watch is criticizing Colombia’s 2017 list of candidates for army promotions. The list contains candidates who are under criminal investigation for strong evidence that links them to extrajudicial killings.

In total, ten military personnel are being promoted in the Colombian military who have been credibly linked to the “false positive” killings. Evidence implicates five military officials, four colonels, and one general, who have been nominated. They are part of a group of 33 nominees. At this point, the group just need to be approved by the Senate which is only a formality.

America’s director at Human Rights Watch, Jose Miguel Vivanco, said, “the Colombian Senate should disqualify any officers credibly implicated in serious abuses, unless and until those allegations are fully and properly investigated.”

This “false positives” scandal occurred between 2002 and 2008, and resulted in the killings of over 3,000 innocent civilians. Colombian soldiers lured poor, jobless, and sometimes mentally impaired men to rural regions with promises of work. Once there, the men were executed and dressed in military fatigues to make them look like Revolutionary Armed Forces of Colombia (FARC) rebels. The soldiers were rewarded for “accomplishing their mission” with promotions and budget raises. This raised the army’s statistics and exaggerated its body count.

Human Rights Watch research showed the patterns of these killings were systematic and occurred under implausible circumstances, strongly suggesting that the commanders of units knew or had reason to know the truth. These nominated commanders are being investigated in Colombia and internationally for ordering crimes. If they knew or had reason to know their subordinates were committing these crimes, they had responsibilities under international law to prevent or punish those acts.

A resolution from November 2015 was designed to guarantee transparency of military promotions and requires the Defense Ministry to publish a “summary of the resumes of candidates” online. However, this entire round of army promotions is only showing limited transparency. Their resumes lack dates for their service in military units which makes it extremely difficult to assess whether they were involved in the abuses. The resumes provide greater detail on irrelevant information such as the date of their marriages and their children’s birthdays.

“Naturally, each of these five officers enjoys the presumption of innocence,” said Vivanco. “But promoting them while they are still under investigation would signal that Colombian authorities are not serious about ensuring justice for false positives.”

The officers are Brig. Gen. Francisco Javier Cruz Ricci, Cols. Miguel Eduardo David Bastidas, Mauricio José Zabala Cardona, Óscar Reinaldo Rey Linares, and Raúl Hernando Florez Cuervo.

For more information, please see:

InSerbia – Colombia: Military Figures in “False Positives” To Be Promoted – 18 November 2017

The Bogota Post – Human Rights Watch criticises Colombia’s promotion of officers linked to killings – 15 November 2017

Human Rights Watch – Colombia: Don’t Promote Officers Linked to Killings – 14 November 2017

Toronto Star – Rights group urges Colombia to scrub promotions for 5 officers allegedly linked to killings – 14 November 2017