A/HRC/48/28 117. On 11 February 2021, mandate holders addressed the arbitrary detention of five members of the NGO Azul Positivo, which provides humanitarian aid to communities in Zulia, in particular people living with HIV/AIDS. Messrs. Johan Manuel León Reyes, Yordy Tobias Bermúdez Gutierrez, Layners Christian Gutierrez Díaz, Alejandro Gómez Di Maggio, and Luis Ramón Ferrebuz Canbrera were detained in connection to their work as implementing partners of the UN (VEN 1/2021). On 12 January 2021, officers of the Directorate General of Military Counter-Intelligence (DGCIM) reportedly visited the Azul Positivo’s headquarters in Maracaibo, interrogated the staff, and seized computers, benefit cards of the humanitarian program, the database of beneficiaries, and cell phones. Subsequently, Messrs. León Reyes, Mr. Bermúdez, Gutiérrez Díaz, and Gómez Di Maggio were reportedly taken to the DGCIM state headquarters without access to legal assistance or communication with their families during that time. Later that day, Mr. Ferrebuz, was reportedly arrested at his home. 118. On 14 January 2021, the military declared that it did not have jurisdiction to hear the case, which was transferred to the Criminal Judicial Circuit of the State of Zulia. The Prosecutor confirmed the charges of “fraudulent handling of smart cards or similar instruments,” “money laundering” and “association to commit a crime” for which the five defendants had been detained (VEN 1/2021). According to information received by OHCHR, Azul Positivo’s legal defense team was intimidated and harassed while the five members were detained, and the privacy and confidentiality of their communications were not guaranteed. 119. On 29 January 2021, multiple UN actors, 73 including the Spokesperson of the Secretary-General, expressed deep concern about the detention of the five members of Azul Positivo, noting it was an important partner of the UN. The Spokesperson informed that they were following up with the authorities and had requested their immediate release.74 On 18 February 2021, special procedures mandate holders publicly welcomed their release on 10 February 2021, while regretting that charges had not been dropped. 75 On 18 February 2021, the Government responded to mandate holders, rejecting the press release and indicating that the legal proceedings against members of Azul Positivo respected their constitutional right to due process and a fair trial.76 120. In her 11 March 2021 oral update to the Human Rights Council, the High Commissioner for Human Rights underscored the intimidation, harassment and criminalization of multiple sectors of civil society and restrictions on the operations of NGOs, highlighting the charges related to anti-terrorism legislation and money laundering facing the five individuals of Azul Positivo for having provided assistance as part of the UN’s Humanitarian Response Plan. She noted that more NGOs are the object of investigations on similar grounds. 77 In her June 2021 report to the Human Rights Council, the High Commissioner noted that these events generated a climate of fear and led to the suspension of humanitarian assistance programmes.78 121. On 18 December 2020, special procedures mandate holders publicly raised concerns that the new National Assembly of Venezuela would prioritize the adoption of a law that would significantly restrict access to foreign funding for NGOs, noting that these measures have “paralyzing effects” on NGOs that provide humanitarian support for vulnerable populations. 79 As noted, implementing partners in receipt of funds for UN humanitarian assistance have been targeted for their cooperation with the UN (see examples above). Mandate holders noted this legislation would add additional oversight of NGOs’ funding and 73 74 75 76 77 78 79 44 https://www.unaids.org/es/resources/presscentre/pressreleaseandstatementarchive/2021/january/2021 0129_venezuela; See also: https://mobile.twitter.com/onuvenezuela/status/1355133629177982980; https://twitter.com/OCHA_Venezuela/status/1352240655469338626; https://twitter.com/UNAIDS/status/1355094157937807361. https://www.un.org/press/en/2021/db210129.doc.htm. https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26757&LangID=E. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35987. Interactive Dialogue, High Commissioner for Human Rights, 30th Meeting 46th Regular Session Human Rights Council, at https://media.un.org/en/asset/k1w/k1w2ide59u (time stamp 06:15). A/HRC/47/55, para. 62. https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26620&LangID=E.