PGA calls on the Government of Venezuela to immediately release Diputado Juan Requesens who on 7 August 2018 was forcibly detained by the Bolivarian National Intelligence Service (SEBIN). Diputado Requenses was blamed for an alleged drone attack that the government says was a bid to kill the President of Venezuela, Mr. Maduro. This incarceration appears to be politically motivated, arbitrary and unfounded, and, as such, it violates several provisions on fundamental rights contained in the Constitution of Venezuela.
As a legislator of the National Assembly of Venezuela, Diputado Requenses has a responsibility to his constituents to legislate to protect their human rights, which the Executive Power of Venezuela have violated to significantly curtail civil and political dissent, as reported by relevant international and non-governmental organizations that have analyzed and issued reports on the situation in Venezuela.
Regardless of the facts that are purportedly attributed to the responsibility of Diputado Requenses, it must be underscored that Article 200 of the Venezuelan Constitution establishes that
“Deputies of the National Assembly shall enjoy immunity in the exercise of their functions from the time of their installation until the end of their term or resignation. Only the Supreme Tribunal of Justice shall have competence over any crimes may be charged as committed by members of the National Assembly, and only the Supreme Tribunal of Justice, subject to authorization in advance from the National Assembly, shall have the power to order their arrest and prosecution. In the case of a flagrant offense committed by a legislator, the competent authority shall place such legislator under house arrest and immediately notify the Supreme Tribunal of Justice of such event.”
Furthermore, the detention of Diputado Requenses not only violates the Constitution of Venezuela but also the applicable international standards of due process. The arrest was carried-out without any legal basis as it was not in compliance with or in furtherance of an arrest warrant or any other judicial decision.
PGA affirms that threats against the physical integrity of any political leader, including elected parliamentarians, and the use of unfounded politically motivated charges against legislators of any political party are unacceptable and shall continue to be closely monitored by international institutions, including the United Nations (UN), the Organization of American States (OAS) and, as appropriate, the Inter-American Commission on Human Rights (IACHR). Such persistent violations of fundamental human rights and the principle of separation of power erode the proper functioning of democratic institutions.
PGA calls on the Government of Venezuela to refrain from pursuing the path of criminalization of dissent and denial to its citizens of the benefits of democracy and the Rule of Law. The population of the Bolivarian Republic of Venezuela deserves to be governed by widely accepted democratic principles of law and governance.
PGA strongly urges all parties to respect the fundamental human rights of all and the principles and norms enshrined in the National Constitution and in international law.
