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Venezuela

Executive Summary

While Venezuela is legally a multiparty, constitutional republic, the illegitimate authoritarian regime led by Nicolas Maduro usurped control over the executive, judicial, citizens’ power (which includes the prosecutor general and ombudsman), and electoral branches of government, and stood up a parallel, illegitimate legislative body alongside the existing elected one. On January 10, 2019, Maduro’s constitutional term as president ended, but he refused to cede control based on his claimed “victory” in the 2018 presidential elections, which were widely condemned as neither free nor fair. On January 23, 2019, Juan Guaido, as president of the National Assembly, assumed the role of interim president pursuant to the provisions of the constitution related to vacancies. Maduro, with the backing of Cuban security force members, refused to cede control over the instruments of state power, preventing interim president Guaido from exercising authority within the country despite his constitutional mandate. On December 6, the illegitimate Maduro regime organized parliamentary elections that were rigged in favor of the regime, and nearly 60 countries and international bodies publicly declared the elections were neither free nor fair.

Civilian authorities’ control over the security forces declined and was deeply politicized. Increasingly unpopular with Venezuelans, the illegitimate Maduro regime depended on civilian and military intelligence services, and to a lesser extent, progovernment armed gangs known as colectivos, to neutralize political opposition and subdue the population. The National Guard–a branch of the military that reports to the Ministry of Defense and the Ministry of Interior, Justice, and Peace–is responsible for maintaining public order, guarding the exterior of key government installations and prisons, conducting counternarcotics operations, monitoring borders, and providing law enforcement in remote areas. The Ministry of Interior, Justice, and Peace controls the National Scientific Criminal and Investigative Corps, which conducts most criminal investigations, and the Bolivarian National Intelligence Service, which collects intelligence within the country and abroad and is responsible for investigating cases of corruption, subversion, and arms trafficking. Police include municipal, state, and national police forces. Mayors and governors oversee municipal and state police forces. The Venezuelan National Police reports to the Ministry of Interior, Justice, and Peace. According to its website, the national police largely focused on policing Caracas’ Libertador municipality; patrolling Caracas-area highways, railways, and metro system; and protecting diplomatic missions. The national police maintained a minimal presence in seven of the country’s 23 states. Members of security forces committed numerous abuses, and a UN report concluded that there were reasonable grounds to believe that government authorities and security forces committed crimes against humanity.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings by security forces of the illegitimate Maduro regime and colectivos; forced disappearances; torture and cases of cruel, inhuman, and degrading treatment by security forces; harsh and life-threatening prison conditions; arbitrary detention by security forces; political prisoners or detainees; serious problems with the independence of the judiciary; and unlawful interference with privacy. The regime imposed serious restrictions on free expression, the press, and the internet, routinely blocking signals and interfering with the operations of, or shutting down, privately owned television, radio, and other media outlets. The regime essentially criminalized freedom of speech by declaring reporting unfavorable to its policies as libel and slander, incitement to violence, or terrorism, including accurate reporting regarding COVID-19 infection rates. The illegitimate Maduro regime used violence to repress peaceful demonstrations and freedom of assembly. The regime and its aligned groups disrupted church services, attacked churchgoers, and destroyed church property and that of other nongovernmental organizations and civil society. Citizens were unable to change their government peacefully through free and fair elections, and there were restrictions on political participation as well as intimidation, harassment, and abuse of National Assembly members, including denial of due process and parliamentary immunity. Pervasive corruption and impunity continued among all Maduro-aligned security forces and in other national and state regime offices, including at the highest levels, which the illegitimate regime made minimal efforts to eliminate. Other significant issues included trafficking in persons, including forced labor; violence against indigenous persons; and existence of the worst forms of child labor.

The illegitimate regime took no effective action to identify, investigate, prosecute, or punish officials who committed human rights abuses.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

b. Disappearance

The NGOs Foro Penal and Robert F. Kennedy Human Rights documented 753 enforced disappearances of political detainees between 2018 and June 2020. An OHCHR investigation found that almost all individuals detained by the Directorate General of Military Counterintelligence (DGCIM) were subjected to enforced disappearances for periods of seven to 40 days after their arrest, raising their risk of also becoming victims of torture and abuse. The illegitimate Maduro regime continued to deny requests by the UN Working Group on Enforced or Involuntary Disappearances to visit the country to conduct an investigation.

On March 10, FAES officers detained National Assembly (AN) deputy Renzo Prieto and two assistants, without a warrant for their arrest, after the three participated in a protest in support of interim president Guaido. The illegitimate Maduro regime authorities did not disclose Prieto’s location, nor did they allow any form of communication between Prieto and his family or lawyers during his detention. Prieto’s family expressed significant concern for his state of health, due to an injury that required urgent surgical care and risk of contracting COVID-19. While in regime custody, Prieto stated he was forced to sleep on the floor in a frigid, windowless, four-by-eight-foot cell with five other detainees. On August 31, Prieto was released. Prieto previously had been in regime detention from 2014 to 2018, also after participating in a protest, in what the UN Working Group on Arbitrary Detention concluded was an arbitrary arrest.

The illegitimate Maduro regime arrested AN deputy Gilber Caro in December 2019, his third detention since 2017, and did not reveal his location or permit contact with his lawyer until January 21. On August 31, he was released.

d. Arbitrary Arrest or Detention

The constitution prohibits the arrest or detention of an individual without a judicial order and provides for the accused to remain free while being tried, but judges and prosecutors often disregarded these provisions. The law provides for the right of persons to challenge the lawfulness of their arrest or detention in court, but the illegitimate Maduro regime generally did not observe this requirement. While NGOs such as Foro Penal, the Committee for the Families of Victims of February-March 1989, the Institute for Press and Society, Espacio Publico, and PROVEA noted at least 2,000 open cases of arbitrary detentions, illegitimate Maduro regime authorities rarely granted them formal means to present their petitions. Regime authorities arbitrarily detained individuals, including foreign citizens, for extended periods without criminal charges.

Politically Motivated Reprisal against Individuals Located Outside the Country

There were credible reports that the illegitimate Maduro regime attempted to misuse international law enforcement tools for politically motivated purposes as a reprisal against specific individuals located outside the country. On October 22, the TSJ issued an extradition request for Ivan Simonovis, former political prisoner and sitting interim government commissioner for security. The regime charged Simonovis with the attempted murder of Maduro, treason, terrorism, and weapons trafficking. Simonovis escaped from house arrest in May 2019 and fled the country.

Section 2. Respect for Civil Liberties, Including:

Freedom of Peaceful Assembly

The constitution provides for the right of peaceful assembly, but the illegitimate Maduro regime generally repressed or suspended it. The law regulates the right to assembly. Human rights groups continued to criticize the law as enabling the regime to charge protesters with serious crimes for participating in peaceful demonstrations. Ambiguous language in the law also allows the illegitimate regime to criminalize organizations critical of it. Protests and marches require authorization from the regime in advance and are forbidden within designated “security zones.” Citizens organized sporadic and often spontaneous small-scale protests throughout the year to demand basic goods and services such as water, gasoline, and electricity. The political opposition and civil society organized marches to support interim president Juan Guaido and demand a transitional government and new presidential elections. The Venezuelan Observatory of Social Conflict (OVCS) documented 4,414 protests in the first six months of the year, 221 of which were repressed by regime-aligned security forces and armed groups. The OVCS documented 129 detentions, 62 injured, and two deaths during protests. An OHCHR investigation found three cases of torture and a sexual assault of protesters committed on May 20 by regime security forces in Lara State. Media reported a group of armed colectivos attacked protesters and journalists gathered at a protest convened on February 29 by interim president Guaido in Lara State.

NGOs and opposition deputies expressed concern that the illegitimate Maduro regime used quarantine restrictions as a form of social control to criminalize protests and silence critics. On May 23, FAES officers arrested Giovanny Meza and four others during a protest in Sucre State to demand water and electricity. Meza, who suffered from multiple sclerosis, had a seizure during his hearing. When the judge ordered a medical examination, doctors found that Meza showed signs of torture, including five broken ribs. Meza was charged with instigation to commit a crime, obstruction of public roads, possession of incendiary objects, and criminal association.

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U.S. Department of State

The Lessons of 1989: Freedom and Our Future