Venezuela says 'adios' to the Inter-American Court of Human Rights
鈥�听Timothy Gill contributes to WOLA's blog:听.听The views expressed are the author's own.
[Yesterday] the Venezuelan government officially exits the Inter-American Court of Human Rights, one year after denouncing it.
In July 2012, then-President Hugo Ch谩vez听听from the听Inter-American Court of Human Rights after it听听of Ra煤l D铆az Pe帽a, a Venezuelan citizen convicted of putting bombs in front of the Colombian and Spanish Embassies in Caracas in 2000, and ordered the government to pay him reparations.
Although Venezuela will remain subject to existing rulings, and the Inter-American Commission on Human Rights (IACHR) will still be able to receive complaints from Venezuelan citizens, the IACHR will no longer be able to bring cases regarding Venezuela to the Inter-American Court of Human Rights, nor will Venezuelan citizens be able to directly address it.
Venezuela鈥檚 decision听came as part of the long term conflict Venezuela has had with the Inter-American Human Rights System. In March 2013, the Venezuelan government听听a petition from听the IACHR to visit the country, citing听alleged ties听between the organization,听the US government, and anti-government NGOs in Venezuela. Venezuela and the countries that comprise the Bolivarian Alliance for the Americas (ALBA) have also recently developed several proposals听.
Human rights groups throughout Venezuela have unanimously condemned the Venezuelan government鈥檚 decision to withdraw from the human rights court,听听the wake of it. Amnesty International听听the Venezuelan government to reconsider its decision to withdraw so that it may continue 鈥渢he fight against impunity, [for] justice, truth, and reparations for victims.鈥� COFAVIC director, Liliana Ortega,听听鈥渉uman rights are not the gifts of states to give. The role of the [Inter-American Court of Human Rights] is very important. No national court has given a decision on the Caracazo, only the IACHR.鈥�
Red de Apoyo, a group that has worked with the Venezuelan government on several initiatives,听听to retract its request to withdraw from the court, stating that this decision will only hurt the victims of human rights abuses. The group has also argued that the role of the state is to 鈥渁ttend to these victims, and assist them in their rehabilitation, reparations, and compensation for their damages.鈥�
The International Coalition of Human Rights Organizations in the Americas, which includes the Washington Office on Latin America (WOLA),听听a听press release听lamenting the Venezuelan government鈥檚 decision, stating that 鈥渢he Court, like the Commission on Human Rights, are autonomous and independent bodies, which in the exercise of its functions have protected the rights of thousands of victims and citizens of our continent.鈥�
Several human rights groups听听public letters the Organization of the American States and Mercosur voicing their concerns about the withdrawal. Jos茅 Miguel Vivianco, the Director of Human Rights Watch鈥檚 America Division,听听to Brazilian President Dilma Roussef as well as听听Uruguayan President Pepe Mujica voicing his concerns and why he believes Venezuela must not withdraw from the Inter-American Court of Human Rights. In the letters, Mr. Vivianco argues that in 鈥渢he past year the human rights situation in Venezuela has continued to deteriorate.鈥� Most importantly, he says that 鈥渢he Venezuelan authorities have not adequately investigated some serious complaints about human rights violations that occurred after the presidential elections of April 2013.鈥�
Pedro Nikken, a former judge and president of the court,听听with听El Universal听that that the Venezuelan government鈥檚 decision will damage it much more than听a few rulings against it. The decision to withdraw, he says, will 鈥渃onfirm the suspicions鈥� of the international community that the Venezuelan government is an 鈥渁utocratic embryo that develops more each day.鈥�
Critics听听that the decision to remove Venezuela from the international body also violates the Venezuelan Constitution. Specifically, critics call attention to Article 31, which听: 鈥淓veryone has the right, on the terms established by the human rights treaties, pacts and conventions ratified by the Republic, to address petitions and complaints to the intentional organs created for such purpose, in order to ask for protection of his or her human rights.鈥�
The Mesa de la Unidad Democr谩tica (MUD), the umbrella organization听of opposition political parties,听听today, arguing that this decision is 鈥渙ne of the most serious actions taken against the protection of human rights by the current regime.鈥� The statement also calls upon the international community to demand that 鈥渢he Venezuelan government act in accordance with the progress made by humanity鈥� in the area of human rights.
On Monday, President Maduro听听decision to leave the court is 鈥渇air and just.鈥� He stated that the听Inter-American Court of Human Rights has 鈥減assed its time鈥� and that both the Court and the IACHR 鈥渉ave unfortunately degenerated. They believe they are a supranational power; they believe they are a power above the legitimate governments of the continent.鈥�
Germ谩n Saltr贸n, the Venezuelan representative to the Inter-American System of Human Rights,听听鈥淭he American Convention [on Human Rights] is much beneath [the Venezuelan] Constitution in human rights material, which guarantees more and is more advanced in that material, so Venezuelans will not be unprotected, and we will also have the protection of the United Nations.鈥�
But the United Nations听itself has criticized Venezuela鈥檚 withdrawal from the Court. Rupert Colville, the spokesperson for the UN鈥檚 Office of the High Commissioner for Human Rights,听听organization believes that the Venezuelan government鈥檚 decision to withdraw 鈥渨ill have a very negative impact on the situation of fundamental rights within the country and the region.鈥� Mr. Colville encouraged the 鈥済overnment of Venezuela and all other Latin American states to continue cooperating with the international mechanisms for the protection of human rights.鈥�
- Timothy Gill contributes to WOLA's blog:听.
