PGA’s National Group in Venezuela condemns the systematic attack on the National Assembly of Venezuela and supports the political roadmap to end the dictatorship, the persecution of dissidents, and the violation of human rights that the Venezuelan people are suffering.
During 2019, the Maduro dictatorship threatened the popular will of the Venezuelan people by persecuting the member of the National Assembly Dip. Edgar José Zambrano Ramírez, First Deputy-Speaker, who was arbitrarily detained on 8 May 2019 after his parliamentary immunity had been lifted. Police officers, carrying arms and with their faces covered, intercepted the vehicle in which he was traveling, towing him on a crane guarded by seven patrols. He was transferred to Court on 9 May early in the morning, without properly informing his relatives nor any of his trusted attorneys.
The aforementioned attack on the Parliament was not an isolated event. On 21 March, officials of the Bolivarian National Intelligence Service (SEBIN) raided the house of and arrested Roberto Marrero, former Secretary of the National Assembly and Chief of Staff of the interim President Juan Guaidó. On 26 April, the security agencies of Nicolás Maduro’s regime kidnapped Dip. Gilber Caro. To date, the place of detention remains unknown, potentially amounting to a crime of forced disappearance under international law.
On repeated occasions, the usurping regime of Maduro has threatened - as in the case of Juan Guaidó - or accused and arrested members of the National Assembly after illegally lifting their parliamentary immunities. That was the case of Dip. Germán Ferrer, Dip. Rosmit Mantilla, Dip. Juan Requesens, Dip. Julio Borges, and Dip. Freddy Guevara. Likewise, Dip. Ismael García, Dip. Sonia Medina, Dip. Gaby Arellano, Dip. Adriana D'Elia, Dip. Dinorah Figuera, and Dip. José Manuel Olivares are forcibly in exile because of the persecution launched by the Maduro regime.
On 30 April, the interim President of Venezuela, Juan Guaidó, accompanied by active members of the National Armed Forces, gathered at the Altamira Distributor, the main highway of Caracas city, in order to rally against the highly questioned government of Nicolás Maduro and calling on the recovery of democracy in Venezuela. Throughout the morning, political leaders and thousands of citizens joined the protest.
On 2 May, the usurpers of the Full Chamber of the Supreme Court of Justice, by means of sentences No. 17, 18, and 19 issued on 2, 7, and 8 May 2019, respectively, accused Dip. Edgar José Zambrano Ramírez, Dip. Luis Germán, Dip. Florido Barreto, Dip. Henry Ramos Allup, Dip. Richard José Blanco Cabrera, Dip. Mariela Magallanes Lopez, Dip. José Simón Calzadilla Peraza, Dip. Américo Giuseppe de Grazia Veltri, Dip. Freddy Francisco Superlane Salinas, Dip. Sergio de Jesús Vergara Gonzalez, and Dip. Juan Andrés Mejía Szilard, of allegedly committing the crimes of treason against the homeland, conspiracy, instigation to insurrection, civil rebellion, usurpation of public functions, and public instigation to disobedience of the laws and hatred, ordering to send a certified copy of the proceedings to the illegitimate and unconstitutional Speaker of the National Constituent Assembly to decide whether or not to lift the parliamentary immunity of the previously mentioned members of parliament. Moreover, the Supreme Court agreed to send a certified copy of the judgment to illegitimate Attorney General of the Republic, Dr. Tarek William Saab, to take over the corresponding criminal case.
On 7 May, the illegitimate National Constituent Assembly, unconstitutionally violated the parliamentary immunity of Dip. Henry Ramos Allup, Dip. Luis Florido, Dip. Mariela Magallanes, Dip. José Calzadilla, Dip. Edgar Zambrano, Dip. Américo De Grazia, and Dip. Richard Blanco.
These actions undoubtedly violate parliamentary immunity, an institutional prerogative of Parliament widely recognized under international law, which aims to safeguard the composition and free functioning of Parliament, and with it, the independence of the legislative power. Article 200 of the National Constitution guarantees the immunity of the members of the National Assembly and determines that the alleged crimes committed by them must be exclusively judged by the Supreme Court of Justice as the only authority that may order, with the authorization of the National Assembly, the detention and prosecution of members of parliament. Pursuant to Article 187 (20) of the Constitution, in cases of flagrant crimes committed by a parliamentarian, the National Assembly ought to place him/her in custody at his/her residence and immediately communicate the facts to the Supreme Court of Justice.
The Magna Carta states that “public officials who violate the immunity of the members of the National Assembly shall incur criminal liability and shall be punished in accordance with the law.” In addition, Article 25 states that: “any act issued in the exercise of public power that violates or impairs the rights guaranteed by this Constitution and the law is void; and public officials who order or execute it incur criminal, civil, and administrative responsibility, as the case may be, without superior orders to excuse them.”
To date, 24 official members of parliament and five alternates are being persecuted by the regime for supporting the roadmap set by President Juan Guaidó to end the usurpation through a transitional government and free elections. 3 remain in prison, 10 in exile, 3 removed from office by the illegitimate Supreme Court of Justice, 2 with precautionary measures, 8 with lifted immunities, and 4 are held as refugees in embassies.
It is completely unacceptable that the illegitimate and unconstitutional National Constituent Assembly can decide to lift the immunity of any member of the legitimate National Assembly. This is not provided for in the Constitution, whose text leaves no possibility of doubt or contrary interpretation.
In this regard, we very respectfully request Parliamentarians for Global Action (PGA) and all its affiliated members worldwide to:
- Endorse the National Assembly as the only legitimate legislative body in Venezuela.
- Actively express solidarity through written messages or through videos on their social networks using the hashtag #PGAConVenezuela #SOSVenezuela.
- Join and support the political roadmap that seeks to recover democracy, the rule of law and governance by ending the usurpation through a transitional government that in the shortest period of time will allow for free, fair, and transparent elections with international oversight.
Only through the respect for human rights and the rule of law a more democratic, equitable, and safe world will be possible.
Diputado Armando Armas
Chair of PGA National Group in Venezuela
