Emilio Negrín Borges

Cases

Location of case in SG report: 2023-121-001

Relevant SG report

SG report 2023

Year of the report: 2023

From Country

Country Geolocation

Latitude: 6.42375

Longitude: -66.58973

Country Geolocation (linked Cases): Venezuela

From Region

UN body that raised the case prior to the SG report

ILO
UN Special Procedures: Thematic

Dates of prior UN action: 13 September 2022, March 2023

Type of record: Named individual

Gender: Male

Was the victim a foreign national?: No

Was the victim a minor?: No

Individual's/organization's activity: trade unionist

Type of rights defended

Economic/social rights

Was the victim a civil servant, member of the security forces or of the judiciary?: No

Reported trigger of reprisal: participation at the first session of the Social Dialogue Forum, which took place from 25 to 28 April 2022 in Caracas

Engagement with UN body

Dates of engagement: 25-28 April 2022

Type of attempted engagement

Participation in meeting on UN premises

Dates of mentioned reprisals: 5 July 2022

Location of mentioned reprisals: Caracas

Reprisal information

On 13 September 2022, special procedures mandate holders addressed allegations of arbitrary arrest of, and charges against several trade unionists, including Mr. Emilio Negrín Borges leader of the court workers’ union (sindicato de trabajadores tribunalicios) and representative of the Confederación de Sindicatos Autónomos (CODESA). Mr Negrín’s arrest followed his participation at the first session of the Social Dialogue Forum, which took place from 25 to 28 April 2022 in Caracas (VEN 4/2022).89 Mandate holders addressed Mr. Negrín’s arrest on 5 July 2022 by members of Dirección General de Contrainteligencia Militar (DGCIM) on charges of conspiracy to commit a crime. Mandate holders also noted that allegations of arrests of trade unionists could have a deterrent effect on civil society in the country, including those collaborating with the ILO, who might stop carrying out their legitimate work for fear of reprisals (VEN 4/2022).
The March 2023 ILO issued a follow-up report90 on further developments, in which it addressed the Social Dialogue Forum and the implementation of the plan of action addressed the situation of Mr. Negrín. The ILO Committee of Experts on the Application of Conventions and Regulations also addressed the case of Mr. Negrín in its 2023 report to the 11th Session of International Labour Conference regretting the lack of specific information provided by the Government on the case (ILC.111/III.A, pages 323–324). According to information received by the United Nations, Mr. Negrín has reportedly been visited in detention by high-level officials and urged to sign the April 2022 Social Dialogue Forum outcome document in exchange for his release. As of 30 of April 2023, he remains in detention.

Types of reprisals suffered

Detention/Imprisonment: Detention/Imprisonment - General

Alleged/likely perpetrators: State actors

Was the reprisal based on new legislation?: No

Does the report make general comment about country’s environment for engagement with UN?: Yes

Is the country cited for a "pattern of reprisal" in the context of this case?: No

Is a pattern of reprisals mentioned otherwise in the context of this case?: No

Does the report cite "self-censorship" as an issue in the context of this case?: Yes

How many times has the case been followed up in subsequent SG reports?: 1

In which SG report was this case followed up on? 0: 2024

Follow up information provided in SG report 0

The case of Mr. Emilio Negrín Borges was included in the 2023181 report of the Secretary-General on allegations of arbitrary arrest and charges following his participation at the first session of the Social Dialogue Forum, which took place in April 2022 in Caracas (VEN 4/2022). 182 Mr. Negrín is the leader of the court workers’ union (Síndicato de Trabajadores Tribunalicios) and representative of the Confederación de Síndicatos Autónomos (CODESA).
According to information received by OHCHR, in August 2023, Mr. Negrín and other trade unionists were convicted for the crimes of conspiracy and criminal association based on counter-intelligence reports and were sentenced to 16 years in prison.183 On 20 December 2023, Mr. Negrin and the other trade unionists were conditionally released from prison. At the time of writing, the decision on the appeal of the case, expected for February 2024, was yet to be rendered.

Followup Trends 0: Deterioration/further reprisals

Did the government respond? 0: No