VENEZUELA: ILAAD BRINGS THE ARBITRARY DETENTION OF EMIRLENDRIS BENITEZ TO THE UNITED NATIONS

The International League Against Arbitrary Detention (ILAAD), alongside JusticiaXLibertad, have submitted a follow-up and complaint to the United Nations Working Group on Arbitrary Detention (WGAD) on behalf of Emirlendris Carolina Benítez Rosales.

VENEZUELAN NATIONAL STILL ARBITRARILY DETAINED AND WRONGFULLY CONVICTED

This action concerns the arbitrary detention Ms. Benítez in the Bolivarian Republic of Venezuela. She was arrested on 5 August 2018 by agents of the Directorate General of Military Counter-Intelligence of Boleíta.

The Working Group already rendered an Opinion concerning the situation of Ms. Benitez, Opinion No. 74/2021 (Bolivarian Republic of Venezuela). The Working Group found that the deprivation of liberty of Emirlendris Benítez, was in contravention of articles 3, 8, 9, 10 and 11 of the Universal Declaration of Human Rights and articles 9 (1), (3) and (4) and 14 (1), (2), (3) (a), (b) and (c) of the International Covenant on Civil and Political Rights, and was arbitrary and fell within categories I, III and V.

Since then, the Bolivarian Republic of Venezuela has not taken any step to remedy the situation of Ms. Benítez without delay, and she remains arbitrarily detained. Worse, on the 4th of August 2022, Ms. Benitez was sentenced to 30 years in prison under false charges, including, among others, attempt to murder the President of the Republic, or offences of terrorism. On 2 April 2024, the sentence was confirmed.

URGENT ACTION REQUESTED TO THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the foregoing, ILAAD and JusticiaXLibertad respectfully requested that the Working Group render an opinion finding that the sentence of 30 years of prison for Benítez  Rosales  Emirlendris  Carolina is arbitrary because no trial should have occurred, that the continued deprivation of liberty of Ms. Benítez is arbitrary, and:

• Demand that the Government of the Bolivarian Republic of Venezuela take the necessary measures to remedy the situation of the applicants without delay and bring it into line with the relevant international standards, including those set out in the Universal Declaration of Human Rights and the Covenant;

• Consider that, taking into account all the circumstances of the case, the appropriate remedy would be the immediate release of the applicants and the granting of the right to obtain redress, including compensation, in accordance with international law;

• Urge the Government of the Bolivarian Republic of Venezuela to ensure that a thorough and independent investigation is carried out into the circumstances surrounding the arbitrary detention of the applicants and to take appropriate action against those responsible for the violation of their rights;

• Ask the Government of the Bolivarian Republic of Venezuela to use all means at its disposal to disseminate the opinion concerning the applicants as widely as possible.

ILAAD recalls that the WGAD adopted numerous opinions in recent years concerning arbitrary detention in the Bolivarian Republic of Venezuela and recognized a recurrent pattern of arbitrary detention that might amount to a crime against humanity.