"File:Freddy Guevara sesión AN 14.01.2016.jpg" by Jhades29 is licensed under CC BY-SA 4.0 
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Caracas, The Hague
On 12 July 2021, Member of Parliament and former President of the National Assembly of Venezuela, Mr. Freddy Guevara, was a victim of enforced disappearance after being arbitrarily detained for more than 55 hours by the Bolivarian National Intelligence Service (Servicio Bolivariano de Inteligencia Nacional, SEBIN) for alleged links to Colombian extremist and paramilitary groups. The arrest of Mr. Guevara takes place at a critical juncture for Venezuela, where the number of coronavirus cases continue increasing and the economic, political, health, and food crisis, which has generated millions of displaced persons and thousands of deaths in the country, continues to cause structural, institutional, political, and social havoc.
The legitimacy crisis in the country was expected to culminate when the parliamentary elections held in 2015 led to historical results for the opposition, having obtained a “supermajority” in the Assembly following 16 years of the Chavista regime. However, since Nicolas Maduro came to power, the policies implemented by the government have undermined democratic principles and institutions and the rule of law. Dissenters have systematically been imprisoned, protesters violently repressed, civilians tried in military courts, and forced disappearances and torture carried out, among other serious human rights violations. On several occasions, PGA has decried attacks against legislators, citizens and been vocal about the serious democratic regression that the country is experiencing.
Currently, the International Criminal Court (ICC) has two preliminary examinations open in Venezuela. The first, Venezuela I, was initiated on 8 February 2018, following the referral of the situation to the Office of the Prosecutor by a group of States Parties to the Statute, namely Argentina, Canada, Colombia, Chile, Paraguay, and Peru, for alleged crimes against humanity committed since 2017. The second, Venezuela II, was referred by the Government of Venezuela on 13 February 2020, per its prerogatives as a State Party, for alleged crimes against humanity committed on its own territory. On 2 July 2021, the Office of the Prosecutor rejected the judicial review challenge brought by the Maduro regime as it considered it inappropriate and premature. The investigation for international crimes in the country is expected to continue.
The preliminary examinations initiated by former ICC Prosecutor, Ms. Fatou Bensouda, highlight the seriousness of the situation and the urgent need to take prompt measures to reestablish the democratic system in the country which guarantees the fundamental rights of all persons. PGA recalls that, under the Rome Statute, national authorities have the primary responsibility to investigate and prosecute those most responsible for the commission of international crimes and only when the authorities fail to uphold this responsibility or in the absence of genuine national proceedings, the Court may initiate investigations.
Likewise, PGA stresses that the arbitrary detention of Mr. Guevara is a violation of his parliamentary immunity, as established under article 200 of the Constitution of the Republic of Venezuela, and a violation of his right to the presumption of innocence and due process.
Congressman Armando Armas, President of the PGA National Group in Venezuela, who along with 33 other lawmakers (article available in Spanish) are also in exile after being subjected to harassment and political persecution, referred to the events as:
a clear attack against democracy in our country. Once again, we are seeing Maduro’s dictatorship persecuting and silencing all those who dare to defend the democratic principles and values in Venezuela. The parliamentary immunity that we enjoy as legislators is a protection against abuses exercised by totalitarian governments and a recognition of the popular representation that every member of the Assembly holds. Venezuelan dissenters are having their fundamental civil and political rights violated. Our country needs to reestablish a stable democracy which guarantees the rights and freedoms of its citizens and those who represent them.
PGA calls on the Venezuelan authorities to guarantee Mr. Guevara’s rights and proceed with his immediate and unconditional release. Furthermore, we urge the authorities to protect the integrity and life of Mr. Guevara and that of the President of the National Assembly, Juan Guaidó, who has also suffered acts of intimidation and received threats.
As Venezuela may enter into critical negotiations, sponsored by the Kingdom of Norway, to seek a comprehensive agreement that provides the necessary conditions for the realization of presidential, parliamentary, and regional elections, it is an opportunity for countries of the region and the European Union to put pressure on the Government to release all political, civilian, and military prisoners incarcerated for expressing their ideas and opposing the regime.
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The Inter-American Court of Human Rights condemned Venezuela for two extrajudicial executions - July 20, 2021
