The UN accuses Maduro's regime of crimes against humanity in the context of Venezuelan elections.

Venezuela is a State party to the International Criminal Court. This means that, in principle, crimes against humanity committed in Venezuelan territory can be investigated and prosecuted by the ICC, provided that certain criteria are met.

Maduro y la cúpula militar del régimen © X / @PresidencialVen
Maduro and the military leadership of the regimePhoto © X / @PresidencialVen

Repression in Venezuela escalated alarmingly in the context of the presidential elections held on July 28, according to a report published this Tuesday by the UN Independent International Mission.

The 158-page document accuses Nicolás Maduro's regime of committing crimes against humanity in the period before, during, and after the elections, with the aim of declaring himself the winner of fraudulent elections that, by all accounts, were won by the opposition.

With their backs to reality and determined to use all violent means at their disposal to prevent regime change in Venezuela, Maduro and his henchmen unleashed a wave of terror that leaves thousands of victims of torture, arbitrary detentions, and disappearances.

Determined to disregard the popular will that elected Edmundo González Urrutia as president, with the support of opposition leader María Corina Machado, the usurper of power and puppet of Havana insists that he will reclaim the presidency on January 10, 2025, despite national and international rejection.

In these nearly three months, the international community has unsuccessfully attempted to find a negotiated solution that allows for a way out of power for Maduro and other Chavista leaders, according to El País.

However, internal tensions within Chavismo appear to be increasing, especially after Maduro dismissed the heads of both the civil intelligence branch, the Bolivarian National Intelligence Service (SEBIN), and the military branch, the General Directorate of Military Counterintelligence (DGCIM).

This movement surprised even the supporters of the government, who see these changes as a sign of a fracture within the chavista leadership, especially after the recent appointment of Diosdado Cabello as Minister of Interior Relations, Justice, and Peace.

The electoral defeat of chavismo has highlighted a series of problems that the regime was unable to anticipate or control. The lack of an alternative plan in case of defeat worsened the situation, exposing electoral fraud, which is widely visible, according to the UN.

Repression and internal fractures

The UN report focuses on the brutal repression unleashed by Venezuelan security forces after the elections, with 25 confirmed fatalities, hundreds injured, and thousands detained for exercising their right to freedom of expression.

The Bolivarian National Police (PNB), the Bolivarian National Guard (GNB), together with SEBIN and DGCIM, have been accused of committing torture, murder, rape, and enforced disappearances, especially against members of the opposition party, as well as against ordinary citizens who expressed their discontent with the results.

The UN had already published a preliminary report a month ago that anticipated these findings. However, this new document emphasizes that the repression was not an isolated phenomenon that occurred after the voting, but was actually planned prior to the start of the electoral campaign.

In the weeks prior, opponents were already being persecuted, international observers were rejected and denigrated, and security forces committed abuses that further tarnished the transparency of the electoral process.

The report also highlights the growing tensions within chavismo. One of the most striking episodes was the public disavowal by the Minister of Foreign Affairs, Yván Gil, of the nation’s prosecutor, Tarek William Saab.

The latter, a key ally of the regime since the days of Hugo Chávez, had accused Brazilian President Luiz Inácio Lula da Silva of being manipulated by the CIA. However, Gil distanced the government from those statements, asserting that Saab had spoken "in a personal capacity."

These types of public confrontations are unusual within the chavista ranks and reflect the internal disagreements following the electoral defeat.

Systematic persecution

Persecution in Venezuela has reached alarming levels. The UN Mission revealed that many of the detentions were carried out without a court order and under vague accusations, such as terrorism charges, which prevent the detainees from adequately defending themselves.

The lack of due process is widespread, with hearings held without chosen lawyers and at inconvenient hours. Furthermore, the report claims that the homes of individuals perceived as opponents have been marked with an "X" to facilitate their identification and subsequent repression.

A particularly concerning phenomenon highlighted in the report is the detention of minors. The UN has documented the detention of 158 children during or after the protests, some of whom are accused of serious crimes such as terrorism.

This constitutes a flagrant violation of human rights and has been vehemently condemned by the international community.

Conclusions of the report

The UN report reinforces the idea that the Maduro regime has not only manipulated elections but has also intensified repression to remain in power at all costs.

The international community, despite its efforts, has not been able to curb this authoritarian escalation or find a solution that allows Venezuela to regain its democracy and emerge from international isolation.

The dismissal of intelligence chiefs and the fractures within chavismo are signs that the regime is facing significant internal tensions.

However, repression continues to be the government's main tool to contain dissent, placing Venezuela in an increasingly critical situation and in a scenario of uncertainty regarding the immediate future.

Crimes against humanity

Crimes against humanity are a category of serious offenses that are considered to be of such magnitude that they affect humanity as a whole.

Due to its severity, its prosecution and punishment do not depend exclusively on national judicial systems, but can also be addressed by international courts.

The International Criminal Court (ICC) is the main court responsible for prosecuting crimes against humanity, as well as war crimes, genocide, and crimes of aggression.

The ICC can prosecute crimes against humanity committed on the territory of a state party to the Rome Statute or by citizens of those countries. Additionally, the United Nations Security Council can refer cases to the ICC, even if the crimes have been committed in countries that are not parties to the Statute.

The Court investigates and prosecutes individuals, not States, which means that those directly responsible, such as political and military leaders, can be brought before the court. Investigations can be initiated ex officio, by complaint from the States parties, or through the United Nations Security Council.

The ICC can impose prison sentences of up to 30 years or life imprisonment, depending on the severity of the crimes. It does not contemplate the death penalty. In addition to imprisonment, the court can order reparations for the victims.

Despite the available mechanisms, conducting trials for crimes against humanity can be a complicated process.

Often, the perpetrators are powerful individuals with control over governments or armies, which makes it difficult to arrest and transfer them to the ICC or other courts. Additionally, many countries have not ratified the Rome Statute, limiting the ICC's ability to act in certain contexts.

Venezuela and the International Criminal Court

Venezuela ratified the Rome Statute on June 7, 2000, becoming a state party to the International Criminal Court. This means that, in principle, serious crimes committed on Venezuelan territory, including crimes against humanity, can be investigated and prosecuted by the ICC, provided certain criteria are met.

In fact, in 2018, the ICC opened a preliminary examination into possible crimes against humanity committed in Venezuela since 2014, in the context of protests and repression against opponents of Nicolás Maduro's government.

This preliminary examination has been expanded in subsequent years to cover other events related to the humanitarian and political crisis in the country.

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