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OEA/Ser.L/V/II.118
doc. 4 rev. 2
29 December 2003
Original: Spanish
REPORT ON THE SITUATION OF HUMAN RIGHTS IN VENEZUELA
Executive Summary
Introduction
II. SCOPE OF THE PRESENT REPORT,
ITS APPROVAL AND FOLLOW-UP
III. RELEVANT
BACKGROUND
A. The
Judicial System and the Protection of Human Rights
1. The new
Constitution of the Bolivarian Republic of Venezuela
2. The
Constitutional Structure of the Bolivarian Republic of Venezuela
a.
The National Legislative Branch
b.
The Executive Branch
c.
The Judicial Branch
d.
The Citizen Power branch [Poder Ciudadano]
e.
The Electoral Branch
3. The
new Constitution and Human Rights
a.
Rights directly established in the Constitution
b.
The Incorporation of International Protection in Domestic Law
4.
Venezuela and international treaties on human rights
a. Regional
System (OAS) Treaties
b.
Universal System (UN) Treaties
1.
Brief
Historical Overview
2. Political Context: Progressive Polarization
a. The coup
d’état
b.
Subsequent Events
c. The
National Strike
d. The
Search for Solutions
CHAPTER I
THE ADMINISTRATION
OF JUSTICE AND HUMAN RIGHTS
B. The
Right to an Independent and Impartial Judiciary
1.
Provisional Judges
2. The
Composition of the Supreme Court of Justice and the Citizen’s Branch
C. Impunity
E.
Recommendations
A.
Introduction
B. The
Situation of Human Rights Defenders
C.
Bolivarian Circles
D.
Recommendations
CHAPTER
III
STATE SECURITY: THE
ARMED FORCES AND THE POLICE
A.
The
Armed Forces
B. The
Police
C.
Recommendations
CHAPTER IV RIGHT TO LIFE
B. Situation of the right to life in Venezuela
C. Death
squads and the phenomenon of social cleansing
1. Nature
of the phenomenon
3. Conclusions
D.
Recommendations
CHAPTER V THE RIGHT TO HUMANE TREATMENT
A.
Introduction
B. Torture
and Cruel, Inhuman and Degrading Treatment
C.
Recommendations
A.
Introduction: The right of free expression and the rule of law
B. Threats,
harassment, and attacks against journalists and the media
C. Comments
on the legislative bill and the decisions of the Supreme Court of
Justice that could violate freedom of expression
1. Draft
legislation on social responsibility in radio and television
2. Decision
of the Supreme Court of Justice of June 12, 2001 (“Judgment 1,013”)
3. Supreme
Court Decision of July 15, 2003
D.
Administrative proceedings against television stations
E. Other
areas of concern
1. Desacato
laws (insults to authority)
2.
Requiring impartial, timely, and truthful information
3.
Professional Ethics
4. The
right to information
5. Blanket
Broadcasts
F.
Recommendations
CHAPTER VII TRADE UNION
FREEDOMS
CONCLUSIONS THE STATUS OF THE
RULE OF LAW IN VENEZUELA
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