[{"command":"settings","settings":{"pluralDelimiter":"\u0003","suppressDeprecationErrors":true,"ajaxPageState":{"libraries":"eJxLzSvJLKmMT81NSk3RT04sKMnMz9Mpy0wtL9YHk3qJWYkVKAK5-SmlOakAd1UWCw","theme":"hrw_design","theme_token":null},"ajaxTrustedUrl":[],"views":{"ajax_path":"\/views\/ajax","ajaxViews":{"views_dom_id:blog_live_feed__blog_body_block__308189__en":{"view_name":"blog_live_feed","view_display_id":"blog_body_block","view_args":"308189","view_path":"\/blog\/content\/308189","view_base_path":null,"view_dom_id":"blog_live_feed__blog_body_block__308189__en","pager_element":0}}},"csp":{"nonce":"3TX7RSe13Prx9uywGr5VZQ"},"user":{"uid":0,"permissionsHash":"bc8921424f39d39c64af84232b603fadae46f840a8176c1b2436a5ee00791ac5"}},"merge":true},{"command":"add_css","data":[{"rel":"stylesheet","media":"all","href":"\/sites\/default\/files\/css\/css_ttdgUoxkB-pbINT5dW1cMh3IgYOCVTjCJ6Cp-XWwa0k.css?delta=0\u0026language=en\u0026theme=hrw_design\u0026include=eJxLzi9K1U8pKi1IzNFLzEqs0EnNK8ksqYxPzU1KTdFPTiwoyczP0ynLTC0v1geTern5KaU5qQBrXRXg"}]},{"command":"add_js","selector":"body","data":[{"src":"\/sites\/default\/files\/js\/js_VAWKYxPX4vFoyXs0iEPUrnc99CjyNLIu_pZawjEz9i8.js?scope=footer\u0026delta=0\u0026language=en\u0026theme=hrw_design\u0026include=eJwry0wtL9YvA5F6iVmJFQA22wZe"}]},{"command":"insert","method":"replaceWith","selector":".js-view-dom-id-blog_live_feed__blog_body_block__308189__en","data":"\u003Cdiv class=\u0022js-view-dom-id-blog_live_feed__blog_body_block__308189__en\u0022\u003E\n \n \n \n\n \n \n \n\n \u003Cdiv\u003E\n\u003Cdiv\u003E\n \u003Cdiv class=\u0022blog-block__content__description rich-text pt-6 mb:pt-10 mx-auto\u0022\u003E\n \u003Cp align=\u0022center\u0022\u003E\u003Cem\u003E\u003Cstrong\u003EJoint Statement by the Venezuelan Penal Forum and Human Rights Watch\u003C\/strong\u003E\u003C\/em\u003E\u003C\/p\u003E\n\n\u003Cp\u003EMore than 5,300 people have been detained in the context of massive anti-government demonstrations in Venezuela since early April, according to a tally by the Venezuelan Penal Forum, a network of lawyers who provide pro-bono legal defense to detainees nation-wide. As of August 22, approximately 1,000 remained behind bars.\u003C\/p\u003E\n\n\u003Cp\u003EThere are more than 640 people who, for political reasons, have been sentenced, being prosecuted, or ordered to remain in pre-trial detention while they await criminal prosecution (called \u201cpolitical prisoners\u201d by the Venezuelan Penal Forum), some who have yet to be brought before a judge, at least 19 who have been granted a judicial order for their release but whom intelligence officers refuse to let go, and more than 100 who have been granted a judicial order to be released on bail but justice officials delay processing the bail for prolonged periods of time.\u003C\/p\u003E\n\n\u003Cp\u003ENo monetary payment is required for release on bail in Venezuela. Venezuelan law allows judges to release people facing criminal prosecution if they present a guarantor who can assure the judge the detainee will present him or herself before the court during the process. However, the implementation of such measures has been unduly delayed by justice officials, leaving these people in arbitrary detention for periods of up to several months. The continued detention of such individuals after their release has been ordered is arbitrary and unlawful under international human rights law.\u003Cbr\u003E\u003Cbr\u003E\n\t\n\n\n \n\n\n\u003C\/p\u003E\u003Cdiv class=\u0022embed align-right embedded-entity embedded-entity-type-media embedded-entity-bundle-image embedded-entity-viewmode-embeddable embed--right\u0022 xmlns:xlink=\u0022http:\/\/www.w3.org\/1999\/xlink\u0022\u003E\n \n\n\u003Cdiv\u003E\n \n \n\n\n\n\u003Cfigure class=\u0022figure figure--expand text-center info \u0022\u003E\n \u003Cdiv class=\u0022figure__media relative inline-block mx-auto\u0022\u003E\n \u003Ca href=\u0022\/modal\/33069\u0022 rel=\u0022modal:open\u0022 class=\u0022figure__link\u0022\u003E\n \u003Cimg loading=\u0022lazy\u0022 srcset=\u0022\/sites\/default\/files\/styles\/480w\/public\/multimedia_images_2017\/201708americas_venezuela_arbitrarydetainment.jpg?itok=le66X_Ub 480w, \/sites\/default\/files\/styles\/embed_xxl\/public\/multimedia_images_2017\/201708americas_venezuela_arbitrarydetainment.jpg?itok=jnShGez6 946w\u0022 sizes=\u0022(max-width: 524px) 100px, 500px\u0022 width=\u0022946\u0022 height=\u0022585\u0022 data-responsive-image-style=\u0022embedded_images\u0022 src=\u0022\/sites\/default\/files\/styles\/embed_xxl\/public\/multimedia_images_2017\/201708americas_venezuela_arbitrarydetainment.jpg?itok=jnShGez6\u0022 alt=\u0022A demonstrator is detained by security forces during a protest against Venezuelan President Nicolas Maduro\u0027s government in Caracas, Venezuela, July 10, 2017.\u0022\u003E\n\n\n\n \u003Cdiv class=\u0022figure__expand absolute block bottom-0 right-0 w-8 h-8 bg-white text-gray-700\u0022\u003E\n \u003Cspan class=\u0022sr-only\u0022\u003EClick to expand Image\u003C\/span\u003E\n \n\n\n\u003Cdiv class=\u0022icon fill-current w-full inline-block\u0022\u003E\n \u003Csvg viewBox=\u00220 0 20 20\u0022 fill=\u0022currentColor\u0022 role=\u0022img\u0022 focusable=\u0022false\u0022 aria-hidden=\u0022true\u0022\u003E\n \u003Cuse xlink:href=\u0022\/themes\/custom\/hrw_design\/dist\/app-drupal\/assets\/spritemap.svg?cacheBuster=250315#sprite-expand\u0022 \/\u003E\n \u003C\/svg\u003E\n\u003C\/div\u003E\n \u003C\/div\u003E\n \u003C\/a\u003E\n \u003C\/div\u003E\n \u003Cfigcaption class=\u0022figure__info text-left font-serif text-xs md:text-sm lg:text-base mx-auto text-gray-700 mt-1\u0022\u003E\n \u003Cspan class=\u0022figure__caption\u0022\u003EA demonstrator is detained by security forces during a protest against Venezuelan President Nicolas Maduro\u0027s government in Caracas, Venezuela, July 10, 2017.\n\u003C\/span\u003E\n \u003Cspan class=\u0022figure__credit\u0022\u003E\u00a9 2017 Reuters\/Carlos Garcia Rawlins\u003C\/span\u003E\n \u003C\/figcaption\u003E\n \u003C\/figure\u003E\n\u003C\/div\u003E\n\n \u003C\/div\u003E\n\n\n\n\n\n\n\u003Cp\u003EThe following are some accounts by lawyers who provided legal support to people who were or continue to be held in detention arbitrarily, having had their judicial order granting their release on bail effectively ignored for weeks:\u003C\/p\u003E\n\n\u003Cp\u003EOn April 13, members of armed pro-government gangs called \u201ccolectivos\u201d detained Alberto Brito and Maribel Ilarraza in separate incidents in Caracas\u2014Brito was leaving his home, while Ilarraza was returning home from work. Both were handed over to the Bolivarian National Guard, then to investigative police officers, and then back to the Bolivarian National Guard. The two detainees were eventually taken together before the same court in Caracas, where a judge charged them with \u201cinstigation to commit crimes\u201d and \u201cholding incendiary substances\u201d during an anti-government demonstration. The judge imposed bail on Brito and authorized Ilarraza\u2019s release without a guarantor, but requested a statement (\u003Cem\u003Ecauci\u00f3n juratoria\u003C\/em\u003E) that she would present herself before the court. However, the court has since failed to process the paperwork that Brito\u2019s and Ilarraza\u2019s lawyer filed in their cases. They remain in detention.\u003C\/p\u003E\n\n\u003Cp\u003EOn May 19, investigative police officers detained Yusmari Ca\u00f1izalez, Haydee Brusco, and Caride Malav\u00e9\u2014mother, daughter, and granddaughter respectively\u2014in their home in Miranda state. A police report seen by their lawyer said they had been caught \u003Cem\u003Ein frangranti\u003C\/em\u003E while they were looting a toy store nearby. On May 21, the three were taken before a judge in Los Teques and charged with \u201ctaking advantage of products that derive from the crime\u201d of looting. The judge ordered their conditional release after they presented guarantors. Although the lawyer claims he filed all the paperwork that same day, Ca\u00f1izalez was released on July 7\u201450 days after her arrest\u2014while Malav\u00e9 and Brusco remained behind bars for 72 days, until July 29.\u003C\/p\u003E\n\n\u003Cp\u003EOn May 25, Aragua state police forces detained Walter Jos\u00e9 Yepez Vargas, a 19-year-old student, as he was leaving a demonstration. On May 27, he was brought before a judge. Even though the prosecutor present at the hearing did not charge Yepez with any crime, the judge charged him with obstructing and damaging public roads, and ordered his release on bail after he presented six guarantors. However, the court rejected the guarantors presented by Yepez for different reasons, including that one had included his cell-phone instead of a landline to be reached. Forty days later, after increasing public pressure, a court ordered his conditional release without any guarantors.\u003C\/p\u003E\n\n\u003Cp\u003EOn July 20, members of the Bolivarian National Guard detained Francisco Gamboa, a student and musician, who was inside a family member\u2019s home in M\u00e9rida. On July 23, Gamboa was taken before a criminal judge and charged with public instigation to commit crimes. The judge allowed his release on bail, after he presented a guarantor before the court. Becerra\u2019s lawyer filed the paperwork for his release that same day, as well as subsequent documentation additionally requested by the court, but Becerra remained in detention 27 days, until August 15.\u003C\/p\u003E\n\n\u003Cp\u003EOn July 22, Ferney Becerra P\u00e9rez, a private security guard, was brought before a criminal court in M\u00e9rida, two days after being detained by members of the Bolivarian National Police while he was eating a hamburger in a street kiosk. The prosecutor did not charge Becerra with any crime and requested his release, but the judge nonetheless charged him with \u201cpublic incitement to commit crimes\u201d and ruled he would be released only after presenting two guarantors before the court. Becerra\u2019s defense attorney filed the paperwork for his release on the same day, but he remained in detention 26 days, until August 14.\u003C\/p\u003E\n\n\u003Cp\u003EOn July 27, members of the Bolivarian National Guard detained Wuilly Arteaga, a violinist who has become a symbol of peaceful protest in Venezuela, during a protest in Caracas against the government\u2019s plan to convoke a Constituent Assembly. On July 30, Arteaga was taken before a civilian judge, but neither his family nor lawyer were told when the hearing took place, even though they had seen him arrive at the courthouse and were waiting outside for official information about which court would take the case. His lawyer later learned from an official with the court that the judge said Arteaga would be defended by a public defender and a prosecutor had charged him with possessing inflammatory substances, public incitement to commit crimes, and association to commit crimes. In that hearing, the judge ordered he could be released upon presentation of a guarantor.\u003C\/p\u003E\n\n\u003Cp\u003EWhen his lawyer eventually had access to the case file, he filed the paperwork for the guarantor but Arteaga was not released. The judge only let Arteaga go on August 15, after his case received huge international attention and his release was publicly and formally requested by Tarek William Saab\u2014the attorney general appointed by the pro-government Constituent Assembly. Members of the National Guard drove Arteaga to a park in Caracas and dropped him off, without notifying his lawyers or family of his release. Arteaga is required to present himself before the court periodically and cannot participate in demonstrations.\u003C\/p\u003E\n\u003C\/div\u003E\n\u003C\/div\u003E\n\u003C\/div\u003E\n\n \n\n \n \n\n \n \n\u003C\/div\u003E\n","settings":null},{"command":"insert","method":"prepend","selector":".js-view-dom-id-blog_live_feed__blog_body_block__308189__en","data":"","settings":null}]