BOLIVARIAN REPUBLIC OF VENEZUELA : ARBITRARY DETENTION OF VENEZUELAN MOTHER AND SON

The International League Against Arbitrary Detention urges the Government of  Bolivarian Republic of Venezuela to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 31/2024 concerning Argelia Margarita Infante Nares and Yoeimer Alexair Hurtado Infante, asking the Government of Bolivarian Republic of Venezuela to immediately and unconditionally release Argelia Margarita Infante Nares and Yoeimer Alexair Hurtado Infante and to accord him an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Argelia Margarita Infante Nares and Yoeimer Alexair Hurtado Infante (Bolivarian Republic of Venezuela) : Opinion 31/2024.

MOTHER AND SON ARBITRARILY ARRESTED

Ms. Infante Nares and her son, Mr. Hurtado Infante, are Venezuelan nationals. At the time of his arrest, Mr. Hurtado Infante held the rank of sergeant major in the National Guard.

Ms. Infante Nares and Mr. Hurtado Infante were arrested on 24 April 2022. According to the officers, the arrests were based on their criminal records and their alleged ties to the criminal group "Tren del Llano". Ms. Infante Nares was charged with criminal association, while Mr. Hurtado Infante was brought before the Court of First Instance in Trial Functions.

These arrests occurred as part of "Operation Trueno", an initiative aimed at locating collaborators and accomplices of the "Tren del Llano" criminal gang.

The government was given the opportunity to respond to the source’s allegations, which it did on 6 September 2023.

ARRESTED WITHOUT A WARRANT, HELD INCOMMUNICADO AND WITHOUT BEING INFORMED OF THE CHARGES

Ms. Infante Nares and Mr. Hurtado Infante were detained on 24 April 2022 without being shown arrest warrants issued by a judge, nor was their arrests the result of situations of flagrante delicto.

Despite the Government's claim that both arrests were made in accordance with national legislation, the Working Group recognized an abuse of power by the authorities, as no credible charges were brought against the two individuals. The Working Group highlighted that, in accordance with international law, any arrest must be carried out with proper legal authorization. With regard to these authorizations, the Working Group considered that they were issued only after the arrest. Therefore, it concluded that the arrest of Ms. Infante Nares and Mr. Hurtado Infante lacked legal basis, violating articles 3 and 9 of the Universal Declaration of Human Rights, as well as article 9(1) of the Covenant.

Moreover, after their arrest, the authorities did not inform the family of Ms. Infante Nares and Mr. Infante Nares of their situation for three days, refusing to allow them any contact with their relatives. In accordance with its jurisprudence, the Working Group considered that detention in an undisclosed location and prohibition of communication with family members constituted enforced disappearance. Consequently, the Working Group decided to refer this case to the Working Group on Enforced or Involuntary Disappearances for appropriate action.

In addition, the source submitted that Ms. Infante Nares and Mr. Hurtado Infante were not brought before a judge within 48 hours, nor were they granted the right to consult a lawyer. According to the Working Group’s jurisprudence concerning article 9(3) of the Covenant, any delay in presenting detainees before a judge must be justified and exceptional. Given the available information, the Working Group found that the detainees were not presented before a court within 48 hours of their arrest, nor were they guaranteed their right to challenge the legality of their detention before a judicial authority. Therefore, it concluded that articles 8 and 9 of the Universal Declaration of Human Rights was violated. Furthermore, Ms. Infante Nares and Mr. Hurtado Infante had been kept outside the protection of the law during the first days of their detention, which violated article 6 of the Universal Declaration of Human Rights.

Considering all of the above violations, the Working Group found multiple breaches of article 9 the Covenant and article 9 of the Universal Declaration of Human Rights.

Therefore, the Working Group classified their detention as arbitrary under Category I.

NO TRIAL WITHIN A REASONABLE TIME

The source submitted that during the trial, Mr. Hurtado Infante's arraignment was postponed six times. In accordance with the facts of the case and in light of articles 9(3) and 14(3)(c) of the Covenant, anyone arrested or detained for a criminal charge has the right to be tried within a reasonable time and without undue delay.

Based on the above, the Working Group concluded that the information provided by the source, which was not refuted by the Government, demonstrated a serious impact on Ms. Infante Nares and Mr. Hurtado Infante’s ability to exercise their right to a fair trial without undue delay, as guaranteed under article 14 of the Covenant.

Therefore, the Working Group classified their detention as arbitrary under Category III.

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Ms. Infante Nares and Mr. Hurtado Infante was arbitrary and fell under categories I and III because the deprivation of liberty of Ms. Infante Nares and Mr. Hurtado Infante was in contravention of articles 6, 8, 9, 10 and 11 of the Universal Declaration of Human Rights and articles 9 and 14 of the International Covenant on Civil and Political Rights.

The Working Group recommended that the Government of Bolivarian republic of Venezuela take the steps necessary to remedy the situation of Ms. Infante Nares and Mr. Hurtado Infante without delay and bring it into conformity with the relevant international norms. The Working group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release them immediately, and accord them an enforceable right to compensation and other reparations, in accordance with international law.