A/HRC/54/61
25.
Venezuela (Bolivarian Republic of)
135. The case of the NGO Azul Positivo and five of its members was included in the 2021
and 2022 reports of the Secretary-General167 on allegations of detention and criminal charges
in connection to their work as United Nations implementing partners. 168 The NGO Azul
Positivo provided humanitarian aid to people living with HIV/AIDS and implemented cash
transfer programmes as part of the United Nations humanitarian response plan. 169 Members
of the Azul Positivo were conditionally released on 10 February 2021. During her
presentation170 of the 2022 report to the Human Rights Council, the High Commissioner for
Human Rights noted the dismissal on 28 June 2022 of the criminal case against the five
members of the NGO who had been accused of money laundering, illicit association and
others in connection with their humanitarian work.
136. The case of Ms. Karen Caruci, a human rights lawyer who had reportedly been
subjected to arbitrary detention and torture or ill-treatment in December 2020 (VEN 7/2021),
was included in the 2022 report of the Secretary-General171 on allegations of re-arrest and
questioning by police about her engagement with the United Nations. According to
information received by OHCHR, on 16 February 2023, the Attorney General Office during
a preliminary hearing formally accused Ms. Caruci of the crime of incitement to hatred
(article 20 of the Law against Hate, for Peaceful Coexistence and Tolerance), which can carry
sentences between 10 and 20 years of imprisonment. On the same day, the court assigned to
the case determined the opening of the trial stage. As of 30 April 2023, the date for the first
hearing has not yet been set.
137. The case of judge Ms. Lourdes Afiuni was included in the 2010, 2014, 2015, 2016,
2019, 2020, 2021 and 2022 reports of the Secretary-General172 on allegations of arbitrary
detention and ill-treatment following a judicial decision based on an Opinion of the Working
Group on Arbitrary Detention opinion (No. 10/2009).173 In September 2010, the Working
Group considered her detention as arbitrary (No. 10/2010). 174 The Criminal Cassation
Chamber of the Supreme Court confirmed the March 2019 five-year imprisonment sentence.
Ms. Afiuni’s was considered as an emblematic case resulting in generalized fear among
judges to issue rulings against the Government175 or provide testimonies to United Nations
investigative bodies.176 In March 2022, the Third Enforcement Court of Caracas denied Ms.
Afiuni’s request to leave the country for medical treatment abroad. She had reportedly taken
the necessary examinations with the Penitentiary Ministry and was awaiting the results.
According to information received by OHCHR, as of 30 April 2023 Ms. Afiuni continues to
wait for the outcome of the 2022 medical examinations to opt for an alternative sentence. Her
exit ban and prohibition to speak to the media reportedly remain in place. OHCHR continues
to monitor the case and is in close contact with relevant authorities.
167
168
169
170
171
172
173
174
175
176
GE.23-15378
A/HRC/48/28, Annex I paras. 117–120; A/HRC/51/47, Annex II para. 150.
VEN 1/2021; see Government response at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35987.
A/HRC/47/55, para. 71.
https://www.ohchr.org/en/statements/2022/06/dialogo-interactivo-sobre-el-informe-de-la-altacomisionada-sobre-venezuela.
A/HRC/51/47, Annex I para. 77.
A/HRC/14/19, paras. 45–47; A/HRC/27/38, para. 46; A/HRC/30/29, para. 7; A/HRC/33/19, para. 45;
A/HRC/42/30, Annex II, para. 109 and 146; A/HRC/45/36, Annex II, paras. 139–140; A/HRC/48/28,
Annex II, paras. 142–43; A/HRC/51/47, Annex II para. 151.
A/HRC/13/30/Add.1.
A/HRC/16/47/Add.1.
VEN 11/2020; see Government response at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36139.
https://www.ohchr.org/en/press-releases/2021/09/venezuelan-justice-system-plays-significant-rolestates-repression?LangID=E&NewsID=27479.
71