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Detailed findings of the independent int'l fact-finding Mission on Venezuela: Crimes against humanity committed through the State's intelligence services (A/HRC/51/CRP.3)

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Venezuela
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UN HRC
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Human Rights Council
Fifty-first session
12 September-7 October 2022
Agenda item 4
Human rights situations that require the Council’s attention

Detailed findings of the independent international fact-finding Mission on the Bolivarian Republic of Venezuela
Crimes against humanity committed through the State's intelligence services: structures and individuals involved in the implementation of the plan to repress opposition to the Government

I. Introduction

A. Background and context

  1. In its resolution 42/25 of 27 September 2019, the Human Rights Council established the International Independent Mission on the Bolivarian Republic of Venezuela (hereinafter “the Mission” and “Venezuela”, respectively). On 6 October 2020, the Human Rights Council extended the mandate of the Mission for an additional two years, until September 2022, through resolution 45/20. The Mission presented its first report to the Human Rights Council on 15 September 2020.1 It then presented a second report on 16 September 2021.2

  2. Resolution 45/20 enabled the Mission to continue to investigate gross human rights violations, including extrajudicial executions, enforced disappearances, arbitrary detentions, torture and other cruel, inhuman or degrading treatment, and sexual and gender-based violence, since 2014. The expert members of the Mission are Marta Valiñas3 of Portugal (Chairperson), Francisco Cox4 of Chile and Patricia Tappatá5 of Argentina. The experts carry out their work ad honorem.

  3. The Human Rights Council requested that the Mission prepare written reports on its findings to be presented to the Human Rights Council during an interactive dialogue at its fifty-first session.6 The Mission has produced three reports, the report presented to the Human Rights Council A/HRC/51/43 and two extended conference room papers. These include the present report, which focuses on the role of the State’s intelligence services in the commission of arbitrary detentions, enforced disappearances, acts of torture and other cruel and inhuman treatment as well as sexual and gender-based violence, against real or perceived opponents of the Government.

  4. In its 2020 report, the Mission concluded with reasonable grounds to believe that violations and crimes were committed in Venezuela as part of a widespread and systematic attack directed against a civilian population, with knowledge of the attack, pursuant to or in furtherance of two distinct State policies: 1) a policy to silence, discourage and quash opposition to the Government and 2) a policy to combat crime, including by eliminating individuals perceived as “criminals”.7

  5. The Mission also identified six main perpetrator structures8 involved in the commission of crimes and violations falling within three main contexts.9 Under the context of targeted political repression, the Mission found with reasonable grounds to believe that arbitrary detentions were used to target individuals based on their political affiliation, participation, views, opinions or expression.10 It also found that a number of detainees were also victims of short-term enforced disappearances and acts of torture and other cruel, inhuman or degrading treatment, including sexual and gender-based violence.11

  6. In 2020, the Mission found with reasonable grounds to believe that key institutional actors within the Executive, law enforcement and the intelligence services played a role in the arrests and detentions of real and perceived opponents of the Government.12 In its 2021 report, the Mission concluded with reasonable grounds to believe that prosecutorial and judicial actors, instead of providing protection to victims of human rights violations and crimes, have played a significant role in the State’s repression of Government opponents, whether real or perceived.13

  7. With respect to State intelligence services, the Mission concluded in 2020, with reasonable grounds to believe, that individuals at different institutional and hierarchical levels of the Bolivarian National Intelligence Service (hereinafter “SEBIN”) and the Directorate General of Military Counter-Intelligence (hereinafter “DGCIM”) played an integral part in the targeted repression of Government opponents and were involved in these violations and crimes.14 The Mission’s findings on the contributions made by these individuals was included in the 2020 report’s responsibility section.15

  8. Expanding on the Mission’s findings in the 2020 and 2021 reports, the present report focuses on the specific role played by SEBIN and DGCIM as institutions, and of individuals holding various positions within the hierarchies of these bodies, in the violations and crimes committed against real and perceived Government opponents. This report presents a deeper understanding of these structures and identifies additional roles and contributions by those at different levels in the chains of command, with a view towards advancing determinations of responsibility. A deeper analysis of the structures, dynamics, decision-making, modus operandi and the roles of specific individuals within their respective agencies, also reveals SEBIN and DGCIM as organizations prone to be directed or steered towards the commission of violations and crimes.

  9. The crimes and violations committed by members of these structures, - which, as noted in the Mission 2020 report, amounted to crimes against humanity-16 - were of particular cruelty and committed against individuals who were particularly defenceless as they were in detention. Real and perceived Government opponents and their family members were subjected to illegal detention followed by acts of torture and other cruel, inhuman or degrading treatment and sexual and gender-based violence while in detention, including through: heavy beatings with bats and sharp objects; electric shocks to sensitive parts of the body; asphyxiation with toxic substances and water; cuts and mutilations including in the bottom of their feet and under their nails; the use of a device called the “señorita”, to lift and distort bodies and lower them into water tanks; rape with objects; beating and electric shocks to the genitals; constant lighting or constant darkness; extreme heat or extreme cold; forceful feeding of faeces and vomit; and death threats and threats of rape to victims and their family members.

  10. As will be made clear in this report, the structures of DGCIM and SEBIN remain the same and the dynamics within these agencies, as previously documented by the Mission, still persist to date. The Mission will demonstrate, on reasonable grounds to believe, that several individuals may have participated in crimes and violations, and therefore their responsibility merits further investigation. Almost all of these individuals, and particularly individuals in key positions, continue to hold positions with DGCIM or SEBIN. As recently as 29 August 2022, various individuals concerned have been promoted within the same structures.17 Those who no longer work for DGCIM or SEBIN have been promoted to other positions in different agencies or have retired from service. There is no evidence that, at present, domestic proceedings are being conducted against any of these persons. The Government has failed to provide information to this effect, despite several requests sent in the form of official letters by the Mission through the relevant diplomatic channels. This is incompatible with a genuine intention to address the situation.

  11. The Mission has received no information indicating that the victims of crimes and violations in SEBIN’s El Helicoide and DGCIM’s Boleíta detention centres documented in this and the 2020 report have been provided with reparations for the harms they suffered, including compensation, restitution or rehabilitation. Accordingly, the harm they suffered remains unaddressed. This perpetuates a situation of lack of justice and reparations.
    Admittedly, peak periods of illegal arrests followed by torture ended 2019. This is due to the fact that, over time, given the brutality in the execution of the plan, political dissent has been largely crushed. This compounded by de effects of the COVID-19 pandemic over demonstrations resulted in an overall decrease in the reports of incidents of this type.

  12. Nevertheless, various cases documented below concern acts and conduct committed as recently as the second half of 2021 and into 2022.18 As noted in the March 2022 Oral Update delivered by the Mission, although some progress has been made in the transfer of persons out of SEBIN and DGCIM detention centres since September 2021, in accordance with a Presidential Decree of 17 May 2021, many detainees in cases involving real or perceived Government opponents have not been transferred (see para. 128 below). For instance: Javier Tarazona, director of the NGO Fundaredes, was arrested in July 2021 and continues to be detained in SEBIN's El Helicoide where he has been subjected to torture, including psychological or white torture.19 Another detainee with whom the Mission spoke stated that he was subject to torture in DGCIM´s Boleíta in the second half of 2021 and identified other detainees who suffered the same treatment.20 This is the case, notwithstanding the fact that, as of the end of 2021, the management of the SEBIN and DGCIM detention centres in Caracas was transferred to the Ministry for Penitentiary Services.21