Amnesty International Report 2017/18

394

Amnesty International Report 2017/18

In the context of the demonstrations that 

took place between April and July, the 

government announced the activation of the 

“Zamora Plan”, with the objective to 

“guarantee the functioning [of the] country 

[and] its security” by mobilizing civilians 

alongside police and military forces to 

“preserve internal order”. However, the 

details of the plan were not made public.

The Bolivarian National Police and the 

Bolivarian National Guard – among other civil 

and military security forces – continued to 

use excessive and undue force against 

demonstrators. Between April and July there 

was an increase in the deployment of military 

forces to repress protests, resulting in an 

increase in the excessive use of less-lethal 

force and undue use of lethal force, including 

firing tear gas directly at people’s bodies, 

shooting multiple munitions such as rubber 

bullets, beatings, and use of firearms, all of 

which put protesters at risk of serious harm 

or death.

According to the Attorney General’s Office, 

Jairo Johan Ortiz Bustamante was killed by 

gunshot wounds during a protest in Miranda 

state on 6 April and Juan Pablo Pernalete 

was killed by the impact of a tear gas bomb 

to his chest during a protest in the capital, 

Caracas, on 26 April. David Vallenilla, 

Neomar Lander and Rubén Darío González 

also died from injuries sustained during the 

protests between April and July.

During this period, the civil society 

organization Micondominio.com recorded at 

least 47 illegal raids on multiple communities 

and homes in 11 states across the country. 

These raids were characterized by illegal use 

of force, threats and mass arbitrary arrests, 

and were often linked to police and military 

operations against protests that took place 

near the communities. The actions of the 

security forces during these raids were illegal 

and arbitrary and had indiscriminate effects. 

Groups of armed people also harassed and 

intimidated residents during the raids with 

the acquiescence of the state security forces 

present.

In August, the UN High Commissioner for 

Human Rights published a report highlighting 

the systematic and widespread use of 

excessive force during the protests between 

April and July, pointing to a pattern of violent 

home raids and torture and other ill-

treatment of detainees. The report also 

expressed concern regarding difficulties 

faced by international organizations in 

accessing the country, and victims’ fears of 

reporting abuses.

ARBITRARY ARRESTS AND DETENTIONS

Amnesty International documented 22 

emblematic cases of people arbitrarily 

detained for political reasons through the 

implementation of various unlawful 

mechanisms since 2014. These mechanisms 

included the use of military justice, arrests 

without a warrant, and the use of ambiguous 

and discretionary criminal definitions, among 

others, that demonstrated a much broader 

pattern of efforts to silence dissent.

1

 At the 

end of the year, 12 of these people were 

granted alternative measures to detention; 

the other 10 remained arbitrarily detained, 

although the courts had ordered the release 

of many of them.

These documented cases included those of 

MP Gilber Caro and activist Steyci Escalona, 

both members 

​​of the opposition party 

Popular Will, who were arbitrarily detained in 

January after senior government authorities 

publicly accused them of carrying out 

“terrorist activities”. Despite Gilber Caro’s trial 

requiring authorization by Parliament, he 

remained arbitrarily detained and his case 

was submitted to military courts. Steyci 

Escalona was granted conditional release 

from pre-trial detention in November. By the 

end of the year, neither had been brought to 

trial.

Hundreds of people reported that they were 

arbitrarily detained during the protests that 

took place between April and July. Many 

were denied access to medical care or a 

lawyer of their choice and in many cases 

were subjected to military tribunals. There 

was a notable increase in the use of military 

justice to try civilians.

In December, 44 people arbitrarily detained 

for what local NGOs considered to have been 

---

Amnesty International Report 2017/18

395

politically motivated reasons were released 

with alternative restrictions on their freedom.

TORTURE AND ILL-TREATMENT

Many new reports of torture and other ill-

treatment were received. Wilmer Azuaje, a 

member of the Legislative Council of Barinas 

state, was arrested in May. His family 

reported that during his detention he was 

locked in a noxious-smelling room, 

handcuffed for long periods of time and 

sometimes kept incommunicado, conditions 

that constitute cruel treatment. In July, the 

Supreme Court of Justice ordered his transfer 

to house arrest; however, at the end of the 

year Wilmer Azuaje remained at the 26 July 

Detention Centre without any charges against 

him or any improvement in his conditions of 

detention.

During the demonstrations between April 

and July, there were reports of ill-treatment 

by state officials during arrests of protesters, 

including kicking, beatings and sexual 

violence.

HUMAN RIGHTS DEFENDERS

Human rights defenders and individuals who 

sought justice for human rights violations 

continued to be subjected to attacks and 

smear campaigns, in an apparent attempt to 

halt their human rights work.

In February, transgender lawyer Samantha 

Seijas was threatened by a police official 

while filing a complaint at a police station in 

Aragua state accompanied by his daughter.

2

In May, authorities raided the home of 

human rights defender Ehisler Vásquez in the 

city of Barquisimeto, Lara state. When he 

requested information on the reason for the 

raid, the Public Prosecutor’s Office 

threatened to charge him with a crime.

3

 

Later 

that month in the same city, a group of 

unidentified people stormed the home of 

human rights defenders Yonaide Sánchez 

and Nelson Freitez.

4

Human rights defenders were intimidated 

by state media and high-ranking government 

officials, who publicly announced their 

names and contact details while accusing 

them of “terrorism”.

Lawyers representing people on trial before 

military courts reported being harassed and 

intimidated by government authorities, 

putting great pressure on those defending 

people critical of the government.

JUSTICE SYSTEM

The justice system continued to be subject to 

government interference, especially in cases 

involving people critical of the government or 

those who were considered to be acting 

against the interests of the authorities. The 

Bolivarian National Intelligence Service 

continued to ignore court decisions to 

transfer and release people in its custody.

Two police officers from the Chacao 

municipality remained arbitrarily detained 

since June 2016, despite a warrant being 

issued for their release in August 2016. 

Twelve other officers accused in the same 

criminal case who had also been arbitrarily 

detained since June 2016 were released in 

December. In June 2017, the 14 officers 

went on hunger strike, some for 23 days, in 

order to demand that the authorities release 

them in compliance with the judicial order.

5

In August, four opposition officials who had 

been elected to public office were arrested 

and five others had arrest warrants issued 

against them. These warrants were issued by 

the Supreme Court in a proceeding that was 

not enshrined in law. A total of 11 officials 

elected by popular vote were removed from 

office in irregular proceedings.

PRISONERS OF CONSCIENCE

Leopoldo López, leader of the opposition 

party Popular Will and a prisoner of 

conscience, was moved to house arrest in 

August. During his detention at the National 

Centre for Military Proceedings in Ramo 

Verde, Caracas, there had been several 

reports of abuses against him, including 

torture and denial of visits from his lawyers 

and family.

Villca Fernández, a student and political 

activist from the state of Mérida and a 

prisoner of conscience, remained arbitrarily 

detained by the Bolivarian National 

Intelligence Service in Caracas. He had been 

---