Arbitrary Detentions in Venezuela

Imagine being arrested in the middle of the night—no warrant, no explanation. This is the reality in Venezuela, where arbitrary detentions are used as a tool of political repression.  As noted in “Behind the Ballot: Corruption, Repression, and Hope in the 2024 Venezuelan Elections,” politically motivated arbitrary detentions have run rampant in the country, years before and after Maduro’s victory was announced on July 28th by the National Electoral Council (CNE).

What Is Arbitrary Detention?

The United Nations defines arbitrary detentions as the deprivation of personal liberty (inability to leave at will) paired with unfairness, injustice, unpredictability, and a lack of proper legal procedures. Following the definition, Amnesty International also identified the patterns of arbitrary arrest in Venezuela to be: arrest without warrants; enforced disappearance followed by arrest; the use of torture or other cruel, inhuman, or degrading treatment; use of military tribunals; the use of special courts such as courts for terrorism cases; undue delays in investigating times and, subjection to criminal proceedings that make no progress and restrict the persons’ liberty, and retaliation as an aim of detention.

National Bolivarian Police (PNB) arrest student during demonstration
Image 1: National Bolivarian Police (PNB) arrest a student during a demonstration. Source: Yahoo Images

While protests have sparked and died down in the country, organizations such as Amnesty International, Foro Penal, and Observatorio Venezolano de Conflictividad Social have kept track of protests and detainees, documenting their experiences and the violations committed against them. Their websites contain contact forms and question banks to reach out for questions, information, and services.

The ultimate purpose of arbitrary detentions, as determined by these organizations, is to neutralize any perceived threat against the Maduro administration, where criticism is ultimately rejected, censored, and attacked. The key targets are activists, human rights defenders, protesters, and anyone suspected of opposing the government and its policies.

Inside Venezuela’s Institutions

Based on research on the correlation between stigmatization and politically motivated arbitrary detentions carried out by Amnesty International and the stories mentioned previously, both state and non-state actors are behind the detentions: SEBIN, Directorate General of Military Counterintelligence (DGMC), Local police, and armed colectivos. Since 2019, the Bolivarian National Guard (GNB) and the Directorate General of Military National Intelligence (DGCIM) continue to be the first and second main perpetrators of arbitrary detentions, third and fourth places occupied by the Special Action Forces (FAES) of the Bolivarian National Police (PNB) and by the PNB themselves.

As mentioned before, legal institutions continue to be manipulated by the misuse of anti-terrorism and public security laws to justify arrests. As a result, 33.3% of these cases were brought before ordinary courts with criminal justification, 9% before courts with special jurisdiction over terrorism, and 6.6% before courts with military jurisdiction. Lack of judicial independence is not uncommon since there is interference from the executive branch.

At least 60 people arbitrarily detained were prosecuted in special courts with jurisdiction over terrorism in 2019. What’s more, invoking the Code of Military Justice—which gives the military courts jurisdiction over military offenses not only committed by military personnel but also by civilians—has led to the persecution of hundreds of civilians before military courts. They are commonly charged with treason or rebellion. In fact, the military courts do not meet the requirements for impartiality and independence, reflecting a poor separation of powers and influence from the executive branch, according to the International Commission of Jurists.

From Protests to Prison: A Timeline of Arbitrary Detentions

2013-2019

Reports of inhumane treatment and torture of political detainees surfaced in 2013 after Maduro won the April elections, and opposition leader Henrique Capriles accused him of fraud. Protests broke out in the streets, resulting in many detentions. As a response, a civil rights group filed a complaint to the International Criminal Court in Hague to investigate violations of human rights committed against detainees.

In 2017, protests sparked again to express displeasure towards a ruling issued by the Supreme Court that made the National Assembly—the unicameral legislature of the country—powerless. As a result, 5,000 people were detained. A rights group shares how the detainees were beaten, sexually assaulted, or given electrical shocks, according to AP News.

Emirlendris Benitez is one of many arbitrary detainees. She was detained in 2018 for alleged links to a drone attack against President Nicolás Maduro. She reported torture and inhumane treatment while in custody. According to the report and a compilation of similar cases, she forcefully disappeared for a few weeks after her detention, and her pregnancy was terminated without her knowledge or consent. After being subjected to torture, she was transferred to a medical facility in July 2023 and now requires a wheelchair. Amnesty International shared her story and advocated for her immediate release in an urgent action announcement.

TOPSHOT-VENEZUELA-CRISIS-OPPOSITION-PROTEST
Image 2: A Venezuelan opposition demonstrator waves a flag at the riot police in a clash during a protest against President Nicolas Maduro, in Caracas on May 8, 2017. Source: Yahoo Images (Federico Parra /AFP/Getty Images)

 

Fear as a weapon: how arbitrary detentions terrorize Venezuelan communities

One common tactic utilized by authorities during these years is the so-called “Nights of Terror,” when officials raid and attack residential areas. Forty-seven of these were reported between April and July 2017. According to the recollection of witnesses, the incidents follow a pattern:

First, the officials (from the GNS, the CONAS, or even the SEBIN) burst into homes, breaking down front gates and security doors. They would fire indiscriminately into the houses using riot control equipment and weapons (tear gas and pellet guns). Even after the residents asked to see the search warrants, the officials continued the search without showing them. In private homes, officials shot off locks, broke down gates, destroyed property, and threatened the residents. They demanded to know the whereabouts of people who participated in protests. The raids are frequent and repeated, characterized by searches without a warrant.

Many children have been affected, as those who witnessed home raids are now scared of the National Guard officers. Not only do victims feel vulnerable as institutions collapse into corruption and impunity, but they also feel more terrified and angry than protected.

During the Covid-19 pandemic: 2020-2023

Arbitrary detentions continue amid the COVID-19 pandemic, during which NGOs documented how the state of emergency—decreed by the president—was used to crack down on dissent. The decree not only requires face masks and limits movement and certain activities, as stated by Human Rights Watch, but it also authorizes inspections at the discretion of security forces if there is reasonable suspicion that someone is violating the decree. Among the affected are human rights lawyers, journalists, and public service officials.

Journalists such as Marco Antoima or human rights lawyers like Ivan Varguez have been charged with inciting hatred and criminal activities, rebellion, or unlawful association.

International Response and What’s Next? 

Actors in the international system have taken steps to put pressure on the Maduro administration.  The United States has imposed a number of sanctions dating back to 2015. These sanctions account mostly for blocking property and assets. The European Union, on its part, approved an embargo on arms and materials in 2017 to countries that may use it for repression. In addition, between 2018 and 2021, about 30 officials were sanctioned, freezing their assets and prohibiting them from entering nations of the E.U.

The journey to justice may be frail, and the fight is far from over. You can help by supporting organizations like the ones mentioned here, sharing detainee stories, and demanding more international actions. Some ways available to support this organization include legal consultation, logistics, physical therapies, psychological therapies, transportation, medical treatments, or other services. Registration on their website is required. On the other hand, Observatorio Venezolano de Conflictividad Social has a submission box on its website for requests to contact the support staff. You can help by supporting organizations like the ones mentioned here, sharing detainee stories, and demanding more international actions.

More detailed stories are available in Foro Penal’s report on “Crackdown on Dissent, Brutality, Torture and Political Persecution in Venezuela.”

 

Vaccinations Give People a Shot

by Pam Zuber

a picture of a vaccine syringe
Senior Airman Sonia Vega, 332nd Expeditionary Aerospace Medical Squadron, gauges the right amount of vaccine needed for a shot at Balad Air Base, Iraq, Oct. 19. The main vaccinations administered are Anthrax and Hepatitis. Airman Vega is deployed from Barksdale Air Force Base, LA. Source: Staff Sgt. Joshua Garcia, Public Domain.

“We cannot say this enough: Vaccines are a safe and highly effective public health tool that can prevent this disease and end the current outbreak,” Alex M. Azar II, U.S. Health and Human Services Secretary, 2019.

Despite Secretary Azar’s comments, it looks as if many people aren’t heeding his words. According to the Centers for Disease Control and Prevention (CDC), there have been more than 1,000 cases of measles in the United States from January through mid-June 2019, a period of only about five and a half months. The CDC blames the outbreak on misinformation relating to vaccines.

Should school systems and governments require people to receive vaccinations for measles and other conditions? Do vaccines protect the health and rights of others? If authorities require people to receive vaccinations, does this requirement violate people’s civil rights and impair their ability to make decisions about medical treatment for themselves and their families?

What are vaccines? Why do people support or criticize vaccines?

Vaccines are substances that spur the immune system to produce antibodies to fight diseases. This way, if people encounter diseases later in their lives, their bodies will already contain antibodies that will help them fight them. Vaccinations are the process in which people receive vaccines, often through injections, ingesting agents orally (such as in the form of drops or tablets), or inhaling them in the form of nasal sprays.

To create vaccines, manufacturers use weakened or dead versions of the same germs that cause the disease. They also use other substances, including mercury, formaldehyde, and aluminum. The inclusion of such ingredients has been controversial and have led some people to refuse vaccinations for themselves or their children. While high levels of these substances are indeed dangerous, experts say that the small amounts of such substances found in vaccines do not pose significant risks to people.

A famous (many say infamous) 1998 study disagreed with reassurances about vaccines. It said that there was a link between vaccinations and autism in children. The paper proved extremely popular and fueled efforts against vaccination. Known as the anti-vaxxer or anti-vaxxing movement, this movement remains strong today, despite many other studies that have refuted the claims of the 1998 paper and allege that vaccinations do not, in fact, cause autism.

Fears that vaccines have toxic ingredients and may cause autism to persist. Such fears have led more parents to refuse vaccines for themselves or for their children. Public school systems require students to receive vaccinations to attend their schools, although they do allow students to opt out of vaccinations for certain reasons, such as religious beliefs or health concerns. Many parents have taken these exemptions in recent years, which leads to lower vaccination rates.

Money is another reason people do not give or receive vaccines. Doctors may not be reimbursed for giving vaccinations. Parents may not have money to pay for such vaccinations or the ability to leave work to take their children for immunizations. To counter those obstacles, a number of public health departments offer vaccinations for free or reduced costs. Other government agencies and private companies provide access to immunizations in a variety of settings, such as immunization fairs that offer vaccinations, health information, fun activities, and transportation to such events.

How do vaccines relate to human rights?

For other people who criticize vaccines, using or not using the substances are a matter of rights. They question whether governments and other entities should determine medical decisions for others. Members of organizations such as the National Vaccine Information Center claim that governments that criticize people for not receiving immunizations are no better than dictatorial, oppressive entities such as the Third Reich. This is because people who do not pursue vaccinations are in the minority compared to the people who do seek such vaccinations. In this view, government entities that criticize such minorities – or even force minorities to seek vaccinations, such the Cambridge, Massachusetts Board of Health that required smallpox vaccinations in the U.S. Supreme Court decision Jacobson v. Massachusetts – are as dangerous as Nazi Germany.

What about the rights of people who contract or may contract diseases that vaccines may prevent? After all, immunizations protect many more people than the people who physically receive the vaccinations. Widespread vaccinations may produce a phenomenon known as herd immunity or community immunity. This occurs when diseases can’t affect a community because so many people have been immunized against the diseases. The diseases die a natural death because they can’t gain a foothold.

Herd immunity is especially useful because not all people can receive immunizations. Some people are too young to receive immunizations. Or, if people have compromised immune systems, they’re too weak to receive vaccinations. If they’re too weak to receive vaccinations, they’re definitely susceptible to diseases. When other, healthier people in their communities are immunized, they won’t contract diseases and thus won’t be able to transmit diseases to unvaccinated people with weakened immune systems.

More unvaccinated people in communities means more people may contract highly contagious diseases such as measles. If they can’t receive vaccinations, there’s a good chance that they’ll become infected and develop such diseases. People who couldn’t receive vaccinations didn’t choose to be sick. Have their human rights been violated? Others who have opted against receiving vaccinations or having their children vaccinated when they were eligible to receive vaccinations did make such choices. Are they exercising their human rights to make decisions for themselves? Are they violating the rights of others by potentially exposing them to disease?

a photo of a leprosy vaccine from 1978
Leprosy vaccine, London, England, before 1978. Source: Burroughs Wellcome and Company, Creative Commons.

How do vaccines affect the community?

It appears that refusing vaccines may indeed harm the greater interests of the community and infringe on human rights. We all have to do many things to serve the greater good, even if we don’t want to do them. We have to stop at streetlights, even though we want to keep driving. We have to pay taxes to fund various government programs, even though we want to keep our hard-earned money. Why shouldn’t vaccinations be any different?

Shots may hurt physically. They may cost money and may be inconvenient, since we may have to take time off from work or school to receive vaccinations. But we may be even more physically uncomfortable if we contract the diseases vaccinations could have prevented. If we’re sick with the diseases, we may miss even more work or school than the vaccination appointments would have taken. If vaccinations are expensive, so are medications and visits to doctors, urgent care facilities, emergency rooms, and other medical facilities that are needed to treat diseases that vaccinations could have prevented.

Not having vaccinations may thus cost diseased people time and money. If they pass these diseases to others, they also pass these costs to others. Since many vaccines prevent diseases that are highly contagious, there’s a good chance that they’ll give these diseases to others. According to the Centers for Disease Control and Prevention (CDC), “Measles is so contagious that if one person has it, up to 90 percent of the people close to that person who are not immune will also become infected.”

Vaccines may prevent this. “In the USA, there has been a 99 percent decrease in incidence for the nine diseases for which vaccines have been recommended for decades,” noted the World Health Organization (WHO). The organization added that the country has also witnessed dramatic declines in mortality and pathological conditions related to such diseases.

People die from the measles. It’s not just an annoying, uncomfortable disease that kids pass among themselves. It’s a potential killer, one we may easily stop. The Declaration of Independence famously said that we are entitled to the unalienable rights of life, liberty, and the pursuit of happiness. Vaccines protect life, give people liberty by enabling healthy and active lives, and promote happiness by preventing the devastation caused by sickness and death. They support human rights and are vital weapons in the public health arsenal.

 

Pamela Zuber is a writer and an editor who has written about human rights, health and wellness, gender, and business.