Police – UAB Institute for Human Rights Blog

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 28^th 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.”

The justice system is working perfectly. It’s doing exactly what it was designed to do.

The withholding of information by prosecutors violating the Brady Rule, the failure to investigate other potential suspects, and a lawyer who failed to follow a potential alibi are some ways that the justice system convicted Adnan Syed of the murder of Hae Min Lee. Adnan spent 23 years in prison after a jury found him guilty of the murder of his ex-girlfriend. His sentence was recently vacated, and DNA evidence exonerated him. AFTER MORE THAN TWO DECADES! What went wrong? The jury believed that he was guilty, which means that the jury was convinced that he murdered her. So how come he is now walking free after 23 years?

First, let’s look at Maryland’s Attorney General Marilyn Mosby and what she had to say. In her press release, she stated that since the prosecutors failed to turn over evidence for two other suspects which could have changed the course of the trial, the Brady Rule was violated. So what is this Brady Rule that keeps coming up? This rule goes back to the case Brady v. Maryland in which the Supreme Court “requires that prosecutors fully disclose to the accused all exculpatory evidence in their possession”. There is also the fact that there was a DNA sample that wasn’t tested until very recently. The third and most important thing is that the prosecution’s evidence relied on two things, one being their ‘key witness’ Jay Wilds and the other being the cell phone data that backed up Jay’s confession of helping Adnan bury Hae’s body. While AT&T published a notice – during the trial – that incoming calls are not reliable information to pin a location, the prosecution still used this as evidence, stating that even if the witness lied, the data doesn’t. This is now considered controversial evidence as the data isn’t truly reliable. Other than the cell phone data and Jay’s testimony, the prosecutors had nothing. With all of that presented to Baltimore City Judge Melissa Phinn by State’s Attorney Marilyn Mosby and the Sentencing Review Unit, Judge Phinn granted the motion to vacate the conviction of Adnan Syed. The judge gave the state of Maryland the option of proceeding with a new trial within 30 days of such ruling (the 30 days has since passed and he is now presumed innocent due to the DNA testing that was FINALLY done).

All this happened due to the publicity from the hit podcast “Serial” and the help of other criminal justice reforms that happened in Baltimore. After 23 years, Adnan is free. But what about the cases that do not get public attention through a podcast or other publicity for that matter? How many others, just like Adnan, are convicted due to the violation of the Brady rule? Or for simply not investigating other potential suspects? A new study done by the National Registry of Exonerations states that of wrongful convictions in 2020, 54% were due to “misconduct by the government”, 34% due to misconduct by the police, and 30% due to misconduct by prosecutors. According to Georgia’s Innocence Project, 1 out of 20 criminal cases “results in a wrongful conviction”. This goes against the advice of one of America’s founding fathers, Benjamin Franklin: “it is better a hundred guilty persons should escape than one innocent person should suffer.”

Why are we neglecting this advice? Many lives are being stolen due to wrongful conviction of crimes that are small yet heavily punished or thrown into prison as a result of these shortcuts the Justice system takes. Often these injustice acts are directed towards black and brown individuals where America is the leading prison population due to the country’s way of approaching punishment which “often lacks a public safety rationale, disproportionately affects minorities, and inflicts overly harsh sentences”. America, unlike other countries, uses prison as a “one-size-fits-all solution to crime”, which means America prosecutes people who are not a public safety problem and often punish those people in a harsher and more damaging way than is truly justified. When did this start? Mass incarceration has been a huge problem in America since the civil war, however, we saw a huge rise in the prison population in the 1970s after Nixon’s “war on drugs” campaign which mostly targeted black individuals. This campaign used both fear and “racial rhetoric” in order to further this ‘movement.’ Under Nixon, we saw a rise in the prison population, however, under Reagan, it was an explosion. When Reagan took office “the total prison population was 329,000” and when he left the population was at 627,000 which is double the starting number. To put it more in perspective, according to the Brennan Center in 2003, for every 100,000 residents, 710 would be incarcerated, and according to the Vera report in 2015, 55% of incarcerated people are either black or brown. This all goes back to the loophole in the 13th Amendment “which abolished slavery and indentured servitude except as a punishment for a crime”, which took effect after the civil war and till now. So there is a a root problem, which is why the justice system is not broken in any way. It was created to harshly convict black and brown individuals. Evidence of such is the data collected in 2010 Prison Policy Initiative study which stated that for every 100,000 residents, 2,306 black individuals are incarcerated versus the 450 white individuals incarcerated.

Now that we established the existence of such issue, what can we so about it? Discussions are taking place and changes too; after the death of George Floyd, many people voiced out their concerns, this pushed “the Center for American Progress, the John Jay College of Criminal Justice, and the Draper Richards Kaplan Foundation” to “virtually [gather] 1,000 advocates, researchers, artists, and practitioners for the Innovations Conference, a multiday exploration of what it means to reimagine public safety and shrink the footprint of the justice system.” There is a problem within the roots of the justice system, hence the need to “work to root out the systemic racism ingrained in the criminal justice system” that has affected people of color. This can be established, by starting with ending unnecessarily harsh punishments; for example, “Black Americans are nearly four times more likely to be arrested for marijuana possession and six times more likely to be incarcerated for drug charges than their white counterparts”. Another approach can be taken, by rooting out any racial inequality within the justice system; for example, California passed multiple bills “that will address discriminatory practices within jury selection, prohibit prosecutors from seeking convictions or sentences on the basis of defendants’ race or ethnicity, and lay the groundwork for reparations for the Black community”, and by removing the barriers that affect individuals with a criminal record as it disqualifies these people from “voting, obtaining business or occupational licenses, accessing employment and housing, receiving public assistance, and participating in other key elements of civic life”. Another way of helping is by investing in programs such as “child care and education, access to affordable housing, and other supportive services” since they are proven to create strong and safe neighborhoods. As individuals, we can help by voting, spreading awareness, and simply by putting these issues on the table for discussion. Barriers are destroyed through discussion.

Tag: Police

Arbitrary Detentions in Venezuela