Declaration of State of Emergency: Sweeping powers can open floodgates to human rights abuse
Thedecree was enacted on May 13, 2016, by the President Nicolás Maduro, to addressthe ”extraordinary circumstances” of social, economic, political, natural andecological order that seriously affect the national economy. Pursuant toarticle 227 of the Venezuelan Constitution, under States of Exception rightscan be temporarily restricted except the right to life, the prohibition ofincommunicado detention and torture, due process and the right to information.
Theapproval of the decree, which was rejected by the National Assembly on May 17,2016, and yesterday finally declared constitutional by the Supreme Court, givesthe National Executive discretionary powers to, among others: 1) adoptextraordinary plans to ensure the maintenance of public order against”destabilizing actions” and 2) undertake special measures to guarantee nationalsovereignty and prevent foreign interference in internal affairs, including thesuspension of foreign funding received by national legal entities orindividuals for the execution of projects in the country.
”Inthe experience of OMCT and SOS-Torture network members worldwide, States ofException dramatically weaken the guarantees against torture and personalintegrity and security”, stated Gerald Staberock, Secretary General of theOMCT.
Therecent declaration of a State of Exception in three municipalities in the Zuliastate (bordering state with Colombia) brought about an increase of human rightsabuses. It is also noteworthy to mention that the current militarization ofpublic order, reflected in security operations such as the ”OperaciónLiberación y Protección del Pueblo” (launched in July 2015), has raised alarmsover the increase of extrajudicial killings and arbitrary arrests, as OMCTdenounced in its last mission in October 2015. In this setting, OMCT is alarmedby the potential implications of a nation-wide State of Exception.
Anydecree declaring the State of Exception should be enacted lawfully, meet thenecessity and proportionality requirements and be defined in concrete terms. Inlight of its wording, OMCT is very concerned that the decree does not spell outthe implications these new powers may entail for the enjoyment of human rightsand it may worsen a social context already marked by thewidespread shortage of food and medicine. In this setting, OMCT calls onVenezuelan authorities to uphold the safeguards against arbitrary detention andtorture, ensuring that due process guarantees and the right to an effectiveremedy are upheld in all circumstances.
“Historyespecially in Latin America is replete with emergency frameworks opening thefloodgates to unfettered executive power, militarization and impunity forserious human rights violations. In crisis situations such as this,arbitrariness and the restriction of individual and collective rights includingthe right to peaceful assembly, only exacerbate tensions further”, stressesGerald Staberock.
Finally,OMCT urges the Venezuelan authorities to guarantee full respect for fundamentalhuman rights, and reminds the authorities of the vital role that individualsand organizations protecting human rights play, particularly in situations ofcrisis.
* For further information, please contact OMCT International Secretariat (Helena Solà Martín, +41 228094939, hs@omct.org)