The IACHR rejects the arrests of adolescents in Venezuela

The The Inter-American Commission on Human Rights (IACHR) condemned the arbitrary detentions of children and adolescents in Venezuela in the post-electoral contextas well as violations of their presumption of innocence and judicial guarantees.

In a statement, the commission said that the Venezuelan State must guarantee the right of children and adolescents to participate in social protests and in matters that are of interest to them.

“According to information provided by the organization Foro Penal, following the presidential elections in Venezuela, which took place on July 28, 2024, at least 152 adolescents were arbitrarily detained. The latest information received, as of September 6, indicates that only 86 of these people had been released,” wrote the IACHR.

Most of the girls, boys and adolescents were arrested en masse while protesting against the lack of transparency in the dissemination of the electoral results of the last presidential election. Available information indicates that, following their arrest, violations of their presumption of innocence, judicial guarantees and conditions of detention were committed.

The agency recalled that the detained adolescents were pre-qualified by authorities as terrorists and deprived of their liberty in the same cells as adults and in some cases without gender separation.

“In addition, all of these people were assigned an official public defender, denying them the possibility of having a trusted defense, and several of them were presented virtually before courts dealing with terrorism, without the presence of their relatives or guardians,” he said.

IACHR condemns cruel treatment of adolescents detained in Venezuela

The IACHR expressed particular concern over some reports of cruel, inhuman and degrading treatment. Such was the case of a pregnant teenager who was subjected to gender-based violence while in state custody.

“Agents suggested to her that they would make her have an abortion so that she would not have terrorist children. She was also forced to do physical exercises and to put herself in uncomfortable and humiliating positions. There is also a record of the case of a child on the autistic spectrum who remains deprived of liberty without seeing his family or receiving medical attention. Another case of particular concern is that of a child who claims that he was beaten during his detention, and that, as a result of this, he suffers facial paralysis,” the IACHR reported.

The organization reiterated that the right of children and adolescents to participate in matters that affect them can be exercised collectively, which implies the right to be heard as a group and to participate in public life.

“In this sense, the State has a special duty of protection to ensure safe spaces for their effective participation. At the same time, it recalls the obligation of States to adopt effective measures to protect the life and personal integrity of persons deprived of liberty,” it says.

The IACHR also demands that detention centers be separated by category, especially by age and gender; that conditions of detention be guaranteed that are compatible with human dignity and treatment, such as the obligation to provide timely, adequate and specialized health services; and that all forms of cruel, inhuman or degrading treatment be absolutely prohibited.

The Inter-American Commission It highlights the right of girls, boys and adolescents to special and reinforced protection, not to be deprived of their liberty with adults, nor to be exposed to situations of violence or arbitrary separation from their families.

At the same time, the Court reiterates that in Venezuela there is no separation or independence of public powers, which is evident in the lack of effective judicial control over arbitrary detentions and the conditions of detention. It is urgent that the Venezuelan State adopt measures to reestablish a democratic order committed to preventing, investigating, prosecuting and punishing these human rights violations.

What is the IACHR and what are its functions?

The IACHR is a principal and autonomous organ of the OAS, whose mandate arises from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote the observance and defense of human rights in the region and acts as a consultative body to the OAS in this area. The IACHR is composed of seven independent members who are elected by the OAS General Assembly in an individual capacity and who do not represent their countries of origin or residence.