The Prosecutor of the International Criminal Court (ICC), Karim Khan, arrived in Venezuela for the third time on June 8, 2023, in continuation of his activities under the first Memorandum of Understanding subscribed between the Venezuelan State and his Office. However, this was an unannounced visit, unlike Colombia, where the Prosecutor’s arrival became known 10 days in advance.

The deliberate omission of the Venezuelan State consolidates an environment of opacity in the face of the justice system and the search for truth, justice, reparation and non-repetition by the victims of serious human rights violations.

Without transparency, achieving true respect for and guarantee of human rights will hardly be possible; much less if there is evidence of alleged crimes against humanity. Providing regular information about events of public interest, especially one of major national and international relevance, is essential to advance advocacy actions in the fight against serious human rights violations.

Venezuela the only country on the continent with an investigation by the ICC

In 2021, prosecutor Khan announced the initiation of a formal investigation into the commission of crimes against humanity in the country, after the “Situation in the Bolivarian Republic of Venezuela I” was opened by a referral of six Member States.

This prompted a visit by Prosecutor Khan to Caracas between October 31 and November 3, 2021. The occasion closed with the signing of a Memorandum of Understanding that committed the parties to collaborate under the principles of complementarity, cooperation and mutual assistance.

The Venezuelan State used the memorandum as a pretense to request the postponement of the investigation under the principle of complementarity, in order to simulate genuine investigations and proceedings. However, the information submitted by the State was considered insufficient and deficient by the Prosecutor’s Office, which requested the Pre-Trial Chamber I (SCPI) to resume the investigation.

On November 18, 2022, the Pre-Trial Chamber I ordered the Victim Participation and Reparations Section (VPRS) of the ICC to gather the opinions and concerns of the victims on the request of the Prosecutor’s Office, a process in which 8900 people participated.

These observations materialized in two reports, one addressed to the Pre-Trial Chamber containing all the information and one version of public access where confidential information has been kept to protect the integrity of the victims.

Systematic opacity

The State of Venezuela has failed to provide regular information on the advances mentioned in the reports delivered to the international court. For example, according to information from the report of the ICC Prosecutor, the Venezuelan State reported that 893 cases were being or had been investigated. However, this information was not directly disclosed to Venezuelan society in favor of achieving authentic justice and reparation for the victims.

The information available emanates from the official bodies or channels of the ICC. It was the Court through its Twitter account which informed that the May 8 meeting saw the decision of bringing the work of the ICC closer to Venezuela, supporting technical assistance and improving cooperation for accountability. Until now, no technical information has been provided by the Venezuelan State on the matter of this agreement, further reducing the guarantees to the victims by hindering access to information as a means of seeking justice in the country.

Petition

In the face of the presence of the International Criminal Court in Venezuela and to guarantee genuine access to truth, justice, reparation and non-repetition, the Venezuelan State must:

IMPLEMENT transversal policies of transparency and access to public information in order to improve the justice system in Venezuela and enable the victims to obtain genuine justice and reparation for the violation of their human rights.

INFORM about the public policies aimed at improving the situation of justice and human rights in Venezuela in which the International Criminal Court has provided technical cooperation.

ESTABLISH pertinent mechanisms that enable the effective and informed participation of civil society in establishing responsibilities for alleged crimes against humanity.

ADVANCE transparent investigations and judicial proceedings in the search for truth, justice, reparation and non-repetition of crimes against humanity.

REFRAIN from misinforming the population about the progress of the Venezuelan situation in the ICC and transparently report on the situation of justice and human rights in the country.

Translated by José Rafael Medina