A/HRC/45/36
27.
Venezuela (Bolivarian Republic of)
137. The case of the Programa Venezolano de Educación y Acción en Derechos
Humanos (Provea), a civil society organization which has regularly engaged with the UN,
was included in the 2019 report of the Secretary-General, following its cooperation with
OHCHR’s March 2019 visit to Venezuela (A/HRC/42/30, Annex I, para. 115). On 11 July
2019, following the release of OHCHR’s report, a high-level Government official rejected
the report on his Twitter account and stated that Provea was one of the report’s sources. He
encouraged the National Constituent Assembly to “legislate without fear the work of NGOs
in Venezuela,” to “determine the origin of their funding,” and their “false pro-human rights
missions.”
138. Further, on 19 February 2020, the President of the National Constituent Assembly
(NCA) announced in the weekly public television programme “Con el Mazo Dando” that
the NCA would initiate a revision of laws on foreign funding of NGOs and private
individuals, specifically referring to Provea. This public reference to Provea was made a
week before the beginning of the 43rd session of the Human Rights Council in Geneva,
where Provea’s participation was made known on social media. (see also A/HRC/39/41,
Annex I, para. 120).
139. The case of judge Ms. Maria Lourdes Afiuni was included in the 2019 report of
the Secretary-General (A/HRC/42/30, para. 82 and Annex II, para. 109), as well as in
previous reports since 2010 (A/HRC/14/19, paras 45–47; A/HRC/27/38, para. 46;
A/HRC/30/29, Annex para. 7; A/HRC/33/19, para. 45) for her arrest, imprisonment and illtreatment following a decision passed in her capacity as judge on the basis of a Working
Group on Arbitrary Detention opinion (No. 10/2009). On 5 July 2019, the High
Commissioner for Human Rights noted that Ms. Afiuni was provided a conditional
release.93
140. In its July 2019 report to the Human Rights Council, the Working Group expressed
concern at the March 2019 sentencing of Ms. Afuini, which it considers “a measure of
reprisal.” It reiterated its call to the Government to “quash this sentence and provide her
with effective and adequate reparations” (A/HRC/42/39, para. 27). According to
information received by OHCHR, on 18 October 2019, Ms. Afiuni’s conviction for
corruption and her five-year sentence was upheld by the Court of Appeal, and her case is
pending before the Supreme Tribunal of Justice. She is not allowed to leave the country,
communicate with the press or use social media.
141. The case of Mr. Fernando Albán, a political opposition figure of the Primero
Justicia party, was included in the 2019 report of the Secretary-General (AHRC/42/30,
Annex I, paras. 116–117), following his detention and death in custody, after returning
from New York to meet with different actors on the margins of the General Assembly.
OHCHR received reports indicating that Mr. Albán’s reported suicide was unlikely,
including related to the restrictions of movement applied to prisoners under the custody of
SEBIN (para. 117). It was reported to OHCHR that, as a result of an investigation by the
Attorney General’s Office, on 2 September 2019 two officers of the Bolivarian National
Intelligence Services (SEBIN) were indicted for breaking custody protocols where Mr.
Albán was being held. The Attorney-General’s Office argued the two SEBIN officers
decided without consultation to take off the handcuffs of Mr. Albán, which allowed him to
throw himself through a window of the 10th floor of the SEBIN headquarters and commit
suicide.
28.
Viet Nam
142. The case of journalist Mr. Pham Chi Dung was included in the 2014 report of the
Secretary-General (A/HRC/27/38, para. 40) after he was prevented from traveling to
93
78
OHCHR, Michelle Bachelet – Media Stakeout: Following Interactive Dialogue on Venezuela
(Geneva, 5 July 2019), http://webtv.un.org/media/media-stakeouts/watch/michelle-bachelet-ohchrmedia-stakeout-following-interactive-dialogue-on-venezuela-geneva-5-july-2019/6055807284001.