BOLIVARIAN REPUBLIC OF VENEZUELA: ARBITRARY DETENTION OF 4 INDIVIDUALS

The International League Against Arbitrary Detention urges the government of Venezuela to take all necessary measures to implement Opinion No. 38/2024 of the United Nations Working Group on Arbitrary Detention concerning Niurka Mariana Mota Belisario, Leonardo Javier Fernández Estanga, Pedro Domingo Díaz Díaz, and Jean Pierre Pages Evans, calling for their immediate and unconditional release and ensuring their right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Niurka Mariana Mota Belisario, Leonardo Javier Fernández Estanga, Pedro Domingo Díaz Díaz, and Jean Pierre Pages Evans (Bolivarian Republic of Venezuela): Opinion 38/2024.

ARRESTED AS PART OF A LARGER CRACKDOWN TARGETING THE TREN DEL LLANO

CRIMINAL GROUP : OPERATION THUNDER

Niurka Mariana Mota Belisario (customs administration official), Leonardo Javier Fernández Estanga (bricklayer), Pedro Domingo Díaz Díaz (taxi driver), and Jean Pierre Pages Evans (taxi driver and liquor store owner) are Venezuelan nationals who were aged 26, 31, 42 and 43, respectively, at the time of their arrest.

The four individuals were arrested between 20 and 23 April 2022 during “Operation Thunder”, a large-scale security crackdown conducted in Altagracia de Orituco, Guárico state. Officially aimed at dismantling alleged collaborators of the Tren del Llano criminal group, the operation led to dozens of arbitrary detentions, illegal home raids, and reports of torture. According to the source, the four individuals, who had no

demonstrated ties to organized crime, were arrested under vague accusations and subjected to severe mistreatment.

On 23 April 2022, security forces forcibly entered Ms. Mota Belisario’s home while she was bathing, removing her from the shower at gunpoint. Officers looted her belongings, including cash and mobile phones, and kicked her while issuing death threats. Her name was later discovered on an intelligence list labeling her as a “collaborator” and associating her with a known gang member.

Mr. Fernández Estanga was taken from his home on 20 April by National Anti-Extortion and Kidnapping Unit officers. When presenting his identity card - damaged due to his construction work - officers accused him of carrying a falsified document. He was thrown to the ground, photographed as a criminal, and forcibly removed without his family being informed of his whereabouts.

Mr. Díaz Díaz was arrested on 21 April while working as a taxi driver. Earlier that morning, officers had detained and extorted him, demanding money and forcing him to purchase food for them in exchange for his release. Later that day, he was rearrested.

Mr. Pages Evans was arrested on 20 April after officers first seized a female relative and forced her into a vehicle. He received a call from the officers demanding that he meet them, only to be ambushed and detained upon arrival. Officers confiscated his wallet, phone, and $900 in cash, later raiding his liquor store and seizing two of his vehicles without legal justification.

After their arrests, the four individuals were taken to the National Anti-Extortion and Kidnapping Unit headquarters. They were later transferred to San Juan de Los Morros, where their families were forced to provide money for food and basic necessities.

On 26 April 2022, they were brought before the courts of the Palace of Justice in Caracas where the judge upheld the charges against them and ordered their continued pretrial detention, placing them in separate detention centers - Ms. Mota Belisario in El Valle and the others in La Yaguara.

On 10 June 2022, prosecutors charged them with terrorism, criminal association, and illicit arms trafficking under the Organic Act on Organized Crime and the Financing of Terrorism. Ms. Mota Belisario faced an additional charge of human trafficking. Their trial was repeatedly postponed - 12 times before finally beginning on 19 May 2023, with hearings continuing to be irregular and delayed.

Despite multiple complaints from relatives regarding mistreatment, torture, and medical neglect, the source claimed that the Venezuelan authorities had taken no action. It has responded to the source's allegations on 12 October 2024 after receiving an extension by the Working Group.

ARRESTED WITHOUT A WARRANT AND DENIED TEH RIGHT TO CHALLENGE THE LEGALITY OF THEIR DETENTION

The source submitted that at the time of their arrests, the Venezuelan authorities failed to present any of the detainees with an arrest warrant nor did they promptly inform them of the reasons for their detention. In that regard, the Working Group accepted the allegations and found this to be a violation of articles 3 and 9 of the Universal Declaration of Human Rights and article 9 (2) of the Covenant.

Furthermore, the detainees were not brought before a judicial authority within 48 hours of their arrest, as required under article 9(3) of the Covenant. The Working Group reiterated that judicial oversight of detention is a fundamental safeguard of personal liberty, and any delay beyond 48 hours must be exceptional and duly justified. In this case, no justification was provided.

Additionally, the Working Group found that the detainees were denied their right to challenge the legality of their detention before a competent court, violating article 9(4) of the Covenant, as well as articles 8 and 9 of the Universal Declaration of Human Rights.

In light of these violations, the Working Group deemed the detention of the four detainees arbitrary under Category I, as it lacked a valid legal basis.

DEPRIVED OF THEIR RIGHT TO A FAIR TRIAL AND DUE PROCESS AND SUBMITTED TO TORTURE

According to the source, the detainees were deprived of fundamental fair trial rights as established in article 14 of the Covenant from the outset . They were not allowed to designate legal counsel of their choice and were instead assigned public defenders, preventing them from adequately preparing a defense and violating their right to due process. Consequently, the Working Group found that this denial of legal assistance violated article 14(1), 14(2), and 14(3)(b) and (c) of the Covenant.

The judicial proceedings were further compromised by the absence of an independent and impartial tribunal which contravened international norms governing access to justice, due process, and the right to a fair and impartial trial, as guaranteed by articles 3 and 9 of the Universal Declaration of Human Rights.

Moreover, the detainees' right to be presumed innocent was disregarded throughout the proceedings. In fact, they were treated as guilty from the moment of their arrest, without any evidence to substantiate the charges against them, in direct violation of article 11 of the Universal Declaration of Human Rights and article 14 of the Covenant. The Working Group emphasized that the disregard for this fundamental principle of due process rendered the trial inherently unfair.

Compounding these violations, the detainees were subjected to torture and ill-treatment while in custody. Reports indicate that they endured physical and psychological abuse, in direct contravention of article 10 of the Covenant, which mandates humane treatment of all persons deprived of their liberty. For instance, during Mr. Fernández Estanga's detention, whose family does not live in Caracas and is unable to visit him, he suffered from epilepsy, lacked access to proper food, and, due to his family’s financial limitations, did not receive money for food or medication, leaving him dependent on his cellmates for survival.

All in all, these violations deprived the detainees of their fundamental right to a fair trial and access to justice. Therefore, The Working Group concluded that their detention was arbitrary under Category III.

CONCLUSIONS OF THE UN WORKING GROUP ON ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Niurka Mariana Mota Belisario, Leonardo Javier Fernández Estanga, Pedro Domingo Díaz Díaz, and Jean Pierre Pages Evans was arbitrary and fell under Categories I and III because their deprivation of liberty was in contravention of articles 8, 9, 10, and 11 of the Universal Declaration of Human Rights and articles 9 and 14 of the Covenant.

The Working Group requests the Government of the Bolivarian Republic of Venezuela to take the steps necessary to remedy the situation of the four individuals without delay and bring it into conformity with the relevant international norms, including those set out in the Universal Declaration of Human Rights and the Covenant. The Working Group considers that, taking into account all the circumstances of the case, the appropriate remedy would be to release the four individuals immediately and accord them an enforceable right to compensation and other reparations, in accordance with international law.