Fear for safety of the Hernández-Mota's family in Valle de Pascua, Guarico

Geneva, 2 July 2007

The International Secretariat of the World Organisation Against Torture (OMCT) requires your VERY URGENT intervention in the following situation in Venezuela.

New Information

The International Secretariat of the OMCT is greatly concerned with the new information received from Red de Apoyo por la Justicia y la Paz (REDAPOYO), member organisation of the SOS-Torture Network, on the death threats against Mr. Alvaro Antonio Mota. Mrs. Carmen Alicia Mota de Hernández’s, who is Mr. Mota’s sister, is also the widow of Mr. Arturo Hernandez Ortega. According to the local police reports, the late Mr. Arturo Hernandez Ortega was a merchant murdered on 12 April 2004 in the city of Valle de la Pascua, in the Guárico State[1].

According to the information received, on 25 June 2007 Mr. Alvaro Antonio Mota received an anonymous phone call around 3:00 pm warning him, “You are in serious trouble, and you and your family are in great danger.” Apparently, Mr. Alvaro Antonio Mota called back the number from which the first phone call was made. He told the person on the other end of the line that he was not afraid, and their reply was, “You pretend to be so brave… this afternoon you’ll get a little taste of what’s to come…”

Mr. Hernandez Ortega’s widow has been attending the trial on her husband’s death, throughout which she has been accompanied by her brother, Mr. Mota. OMCT was informed that these threats to Mr. Mota are, thus, alleged to be a result of the opening on June 6th 2007 of the aforementioned trial.

OMCT is greatly concerned with the physical and psychological safety and integrity of Mr. Alvaro Antonio Mota, Mrs. Carmen Alicia Mota de Hernandez, her sons (Roberto Carlos Hernandez Mota and Carlos Arturo Hernandez Mota), and all other family members who are clearly in great danger.

Brief reminder of the situation

According to the information received, members of the Hernández Mota family, along with Redapoyo and the Human Rights Committee for the Education, Action and Defence of the Guárico State, reported to the Attorney General of the Republic (Fiscal General de la República) on 13 September 2004 the murder of Mr. Arturo Hernández Ortega, which was allegedly committed by individuals connected to the police. Since these charges were pressed, Mrs. Carmen Alicia Mota de Hernández and her sons have reportedly been the subject of various forms of harassment, inflicted on them by alleged police officers belonging to the “Guárico State Police’s Intervention and Support Brigade” (Brigada de Intervención y Apoyo, BIA)[2].

The Public Prosecutor’s investigation determined that Mr. Arturo Hernández Ortega’s murderer was committed by Wilfredo Febres, Luis Enrique Ledesma Ruiz, Evin Rafael Quiche, Adolfo León Idarraga, and Juan Ramón Rivas Lara. These men are all members of the aforementioned police brigade. According to the information received, all of these officers, except Wilfredo Febres, were held in the Carabobo Judicial Prison (internado judicial de Carabobo). They were transferred there after having been charged by the Public Prosecutor for the “first degree murder in co respective complicity” (roughly equivalent to Homicidio intencional simple en grado de complicidad correspectiva). They were released pending trial on 26 February 2007 by the 6th District Judge Magaly Nieto Rueda.

In regards to her decision, Judge Nieto Rueda stated that the decision to grant the accused their freedom was based on the fact that they had voluntarily presented themselves before the Tribunal on several occasions and that the trial against them has been the subject of procedural delays imposed by the Public Attorney as well as by the organisation in charge of the victims defence (Redapoyo). Both of these arguments are not shared by the victims pressing charges.

Furthermore, it is said that Wilfredo Febres, who was released on 5 August 2005 for “humanitarian reasons” and put under preventive house arrest has not honoured this sentence (as the accused has been seen at a restaurant in Valle de la Pascua).

Since the Hernández Mota family reported the various forms of harassment they’ve been subjected to, the “No. 2 Penal Tribunal for Control Functions of the Judicial Circumscription” (roughly equivalent to Tribunal Penal en Funciones de Control No. 2 de la Circunscripción Judicial) of the city of Valle de la Pascua, Estado Guárico granted protection on 23 September 2004 to Mrs. Carmen Alicia Mota de Hernández, her sons, and all members of their family. This protection was to last until the end of the judicial trial, and the No.2 Regional Command of the National Army (Comando Regional No. 2 de la Guardia Nacional) was responsible for enforcing it.

Nevertheless, such protection was never given to them. On the contrary, the family has been the victim of various forms of harassment, such as the recent death threat against Mr. Alvaro Antonio Mota.

OMCT underlines that articles 43, 46 and 55 of the Constitution of the Bolivarian Republic of Venezuela establish the following: “The right to life is never to be infringed or dishonoured. No law shall establish death penalty nor should any authority apply it […]”, art 43. “Everyone has the right to have his/her physical, psychological and moral integrity respected […]”, 4th Ord. “Any public official who, using his/her position as an excuse, mistreats or inflicts any physical or mental damage to anyone, or who instigates or tolerates such ill- treatment, will be sanctioned as provided by law”, Art. 46. “Everyone has the right to State protection, through the State’s legally bound citizen security bodies, from any situation which may constitute a threat, risk or endanger the citizen’s physical integrity, property, rights or duties […]”, Art. 55.

Action requested

Please write to the Venezuelan authorities urging them to:

1. Take all necessary measures to guarantee the physical and psychological integrity of Mr. Alvaro Antonio Mota, all members of his family, as well as that of the witnesses to the events of 12 April 2004 in the city of Valle de la Pascua, which resulted in Mr. Arturo Hernandez Ortega’s death;
2. Order an immediate, independent, thorough and impartial investigation into the events mentioned above, particularly into the murder of Mr. Arturo Hernández Ortega and the various forms of harassment to which the Hernández Mota family members have been subjected, in order to identify all those responsible, provide them with a competent, independent and fair trial and apply the civil, penal and/or administrative sanctions as provided by law;
3. Adequately compensate the victims of these serious human rights violations;
4. Ensure the respect of the Universal Declaration of Human Rights and the international agreements and conventions ratified by Venezuela, particularly the Convention Against Torture.

Addresses

• Permanent Mission of Venezuela to the United Nations in Geneva, 18-a, Chemin François-Lehmann, 1218, Geneva. FAX:+ 41.22.723.28.81 ; TEL.: + 41.22.717.09.40 ; + 41.22.717.09.42 E-mail: mission.venezuela@ties.itu.int
• President of the Republic, S.E. Hugo Chávez Frías, - Palacio de Miraflores, Caracas, Venezuela; Fax:+58.212.801.36.44 E-mail: presidencia@venezuela.gov.ve venezuela@venezuela.gov.ve
• Dr. Isaías Rodríguez Díaz, Fiscal General de la República, Avenida Universidad, Edificio Ministerio Público. Caracas. TEL: +58.212.509.81.34; +58.212.509.80.93 +58.212.509.72.11 +58.212.509.33.11 Fax: +58.212.577.21.54 ; +58.212.577.11.44. ; E-mail: isaiasrodriguez@fiscalia.gov.ve; mp@fiscalía.gov.ve
• Dr. Germán Mundaraín, Defensor del Pueblo. Bellas Artes, Avenida México frente al Ateneo de Caracas, Plaza Morelos. Caracas. E-mail: Egmundaraín@defensoria.gov.ve ; E-mail: gmundarain@defensoria.gov.ve Fax: +58212-5754467
• Diputado Raúl Este, Presidente de la sub.-Comisión de Derechos Humanos de la Asamblea Nacional. Esquina de Pajaritos, Edificio José María Vargas, Piso 3, Caracas, Teléfono: +58212-4096597
• Sr. Eduardo Manuitt, Gobernador del Estado Guarico. Av. Monseñor Sendrea Palacio de Gobierno, Municipio Juan Germán Roscio, San Juan de los Morros, Estado Guárico – Venezuela. Fax: +58246-4318055
• Teniente Coronel (GN). José Goncalvez Mendoza, Comandante del Destacamento Nº 28 de la Guardias Nacional. San Juan de los Morros, Estado Guarico. Teléfono: + 58246-4315117 + 58246-4310168
• Coronel de la Guardia Nacional Domingo Antonio Cárdenas Moncada, Comandante General de la Policía Regional del Estado Guarico. Av. Miranda, frente al Liceo Rafael Cabrera Malo, Comandancia de la Policía del Estado Guarico. Teléfono: +58246-4315714
• Dr. Abg. José Alberto Morillo, Fiscal Superior del Estado Guarico. Avenida Los Llanos, Edificio Sede del Ministerio Público. E-mail: FGuarico@fiscalia.gov.ve Teléfonos: +58246-4318905 / +58246-4320311
• Defensoría Delegada del Estado Guarico. Avenida Los Llanos, Edificio Don Enrique, P.B., frente a la Farmacia Capital y diagonal al Ministerio Público, San Juan de los Morros. E- mail: dguarico@defensoria.gov.ve Fax: +58246-4318935
• Diputado Jassan Jrrmakani, Presidente del Consejo Legislativo Regional del Estado Guárico. Av. Miranda, Sector La Redoma San Juan de Los Morros, Guárico Fax: +58246-4314036 / +58246-4315843

Please also write to the diplomatic missions of Venezuela in your country.

Geneva, 2 July 2007.

Please let us know of any action undertaken, quoting this appeal’s number. [1] 51-year old Mr. Arturo Hernández Ortega was a Spanish national and the owner of a poultry shop in the city of Valle de la Pascua, Guárico State. According to the information received, around 7:00 pm on 12 April 2004 he left his workplace and drove his dark blue Ford truck to the “Commerce Hotel” a few hours later, where a friend of his works. Some time later, between 10:00 and 11:20 pm., he left the hotel in his truck and was reportedly followed by a white Toyota Corola inside of which Police Inspector Wilfredo Rafael Fébres allegedly traveled, along with an individual who was driving.
According to various witness statements, the people chasing Mr. Hernández Ortega shot at his vehicle on various occasions. Mr. Hernández Ortega tried to escape. After some time he stopped his truck near the headquarters of the Headquarters of the Intelligence and Prevention Services (Dirección de los Servicios de Inteligencia y Prevención (DISIP)). He got out of his car to ask the men why they were chasing him, and it was then that they got out of their car and shot him dead with five bullets.
[2] See OMCT Urgent Appeals VEN 200505 (published on 20 May 2005) and VEN 200505.1 (published on 4 April 2007).