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A/HRC/WGAD/2017/37

Opinion no. 37/2017 concerning Braulio Jatar (Bolivarian Republic of Venezuela)

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2017-04-28 · en UN

Opinion; Subjects: VENEZUELA (BOLIVARIAN REPUBLIC OF), ARBITRARY DETENTION; [WGAD: UNO-Arbeitsgruppe über willkürliche Inhaftierung, willkürliche Haft; Groupe de travail sur la détention arbitraire; Gruppo di lavoro sulla detenzione arbitraria]

Volltext (verifizierbarer Originaltext)

GE.17-10299 (E) 080817 110817



Human Rights Council

Working Group on Arbitrary Detention

Opinions adopted by the Working Group on Arbitrary

Detention at its seventy-eighth session, 19-28 April 2017

Opinion No. 37/2017 concerning Braulio Jatar (Bolivarian Republic of

Venezuela)

1.

The Working Group on Arbitrary Detention was established in resolution 1991/42 of

the Commission on Human Rights, which extended and clarified the Working Group’s

mandate in its resolution 1997/50. Pursuant to General Assembly resolution 60/251 and

Human Rights Council decision 1/102, the Council assumed the mandate of the

Commission. The mandate of the Working Group was most recently extended for a three-

year period in Council resolution 33/30 of 30 September 2016.

2.

In accordance with its methods of work (A/HRC/33/66), on 7 November 2016 the

Working Group transmitted to the Government of the Bolivarian Republic of Venezuela a

communication concerning Braulio Jatar. The Government replied to the communication on

6 January 2017. The State is a party to the International Covenant on Civil and Political

Rights.

3.

The Working Group regards deprivation of liberty as arbitrary in the following

cases:

(a)

When it is clearly impossible to invoke any legal basis justifying the

deprivation of liberty (as when a person is kept in detention after the completion of his or

her sentence or despite an amnesty law applicable to him or her) (category I);

(b)

When the deprivation of liberty results from the exercise of the rights or

freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of

Human Rights and, insofar as States parties are concerned, by articles 12, 18, 19, 21, 22,

25, 26 and 27 of the Covenant (category II);

(c)

When the total or partial non-observance of the international norms relating

to the right to a fair trial, established in the Universal Declaration of Human Rights and in

the relevant international instruments accepted by the States concerned, is of such gravity

as to give the deprivation of liberty an arbitrary character (category III);

(d)

When asylum seekers, immigrants or refugees are subjected to prolonged

administrative custody without the possibility of administrative or judicial review or

remedy (category IV);

(e)

When the deprivation of liberty constitutes a violation of international law on

the grounds of discrimination based on birth, national, ethnic or social origin, language,

religion, economic condition, political or other opinion, gender, sexual orientation,

United Nations

A/HRC/WGAD/2017/37

General Assembly

Distr.: General

21 June 2017

English

Original: Spanish

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disability, or any other status, that aims towards or can result in ignoring the equality of

human beings (category V).

Submissions

Communication from the source

4.

Braulio Jatar is a lawyer who holds dual Venezuelan and Chilean nationality. He is

58 years old and resides in the Bolivarian Republic of Venezuela, specifically on Margarita

Island, in the State of Nueva Esparta. His main and most high-profile activity is as director

and editor of an online news portal called Reporte Confidencial. The source notes that

Reporte Confidencial, which was founded by Mr. Jatar in 2007, has become one of the

main media on Margarita Island and is known for its critical analysis of government

policies and independent investigations.

5.

In addition to being the founder, director and editor of Reporte Confidencial, Mr.

Jatar is a columnist for the newspaper Reporte de la Economía and the host of radio shows

on legal topics (“Radio Continente”, “Super K La Caribeña” and “Encuentro 88.7 FM”). He

combines these activities with his work as a lawyer for the firms Jatar Dotti Legal Office

and Jatar & Otero Legal Consultancy. He also worked at international law firms between

1991 and 1999 and was a columnist for notable Venezuelan newspapers, including Últimas

Noticias and El Diario de Caracas.

6.

Regarding his activity in Venezuelan politics, Mr. Jatar was chair of the Legal

Advisory Committee of the Senate Economic Commission in 1988 and adviser to the

parliamentary Comptroller’s Commission and Media Commission in 1990 and lobbied for

various laws.

7.

According to the source, Mr. Jatar was arbitrarily detained by police officers

attached to the Bolivarian National Intelligence Service (SEBIN) a few hours after Mr.

Jatar’s portal, Reporte Confidencial, broadcast coverage of a social protest against the

President. The event generated widespread public reaction and was widely disseminated in

the country.

8.

The source explains that on the night of Friday, 2 September 2016, the inhabitants of

Villa Rosa on Margarita Island led a peaceful protest against the President following a

televised event in which he had taken part. The protesters used kitchen implements, such as

pots and ladles, to make noise, a common method of protest in the country better known as

“cacerolazo”, and express their discontent with the national Government over the country’s

health and food crisis.

9.

A number of people used their mobile telephones to record the events of the protest,

following which the President broke protocol and allegedly spoke to various people taking

part in the peaceful demonstration. The videos were sent to Mr. Jatar through Reporte

Confidencial, who then posted them after verifying their provenance and authenticity.

10.

The source states that at 8.45 a.m. the following day, Saturday, 3 September 2016,

Mr. Jatar was apprehended by SEBIN officials in Porlamar, Nueva Esparta, specifically

between the Costa Azul housing development and La Arboleda, as he was driving to the

radio station to host his show, which he did every Saturday at 9 a.m. He had sent a voice

message saying that he was on his way, but he never arrived at his destination and there

was no other contact with him. At the time he was detained, the police officers did not

produce any court order justifying the measure or explain the grounds for his detention.

11.

The source adds that 12 hours went by without Mr. Jatar’s family knowing where he

was. Finally, sometime after 8 p.m. on 3 September 2016, seven SEBIN officers, hooded

and carrying rifles, arrived at Mr. Jatar’s house and raided it without a court order. At this

time, Mr. Jatar’s family were informed that he had been arrested by SEBIN officers that

morning and was being held at the Island’s police headquarters.

12.

The source alleges that the SEBIN officers raided Mr. Jatar’s house at night,

specifying that when the officers arrived, the only person in the house was a minor. On 4

September 2016, a member of Mr. Jatar’s family was able to visit him briefly at the SEBIN

premises and reported having observed an injury on Mr. Jatar’s arm received at the time of

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his detention when he tried to prevent the officers from confiscating his mobile telephone.

The family member also reported that, following the arrest, Mr. Jatar suffered a

hypertensive crisis, for which he was seen by a doctor.

13.

Mr. Jatar was brought before a supervisory judge of the Margarita criminal court on

Monday, 5 September 2016. At the hearing, his defence counsel raised the fact that in the

file used to incriminate Mr. Jatar there was a SEBIN report in which he was accused of

being “a CIA agent” by virtue of his alleged involvement in the “organization of terrorist

activities” in connection with the Summit of Non-Aligned Countries to be held on

Margarita Island from 13 to 18 September 2016. His counsel challenged the public

prosecutor’s claim that a briefcase, allegedly containing “between 20,000 and 25,000

dollars for the purpose of funding three opposition groups”, had been found in Mr. Jatar’s

vehicle, a claim Mr. Jatar denies. The source notes that other individuals who oppose the

Government have recently been accused of the same offence.

14.

From 8 September 2016, Mr. Jatar was prohibited from seeing his lawyers and, at

approximately 7 p.m. on 10 September 2016, without prior notice being given to his

lawyers or relatives, Mr. Jatar was removed from his place of detention on Margarita Island

and sent to a location unknown at the time. On 11 September 2016, SEBIN officials on the

Island informed Mr. Jatar’s family that on the previous night, he had been transferred to the

26 de Julio pretrial detention centre located in San Juan de los Morros, in the State of

Guárico, more than 560 km away.

15.

Following the transfer to the prison in Guárico, neither Mr. Jatar’s family nor his

lawyers were able to establish contact with him, in person or by telephone, until some 48

hours later. During the first telephone contact with the family at 7 p.m. on 12 September

2016, his transfer to the abovementioned prison was confirmed.

16.

The source notes that, on 20 September 2016, Mr. Jatar’s defence counsel was

granted permission to visit him after a period of 264 hours during which he had been

without access to his lawyers. On 25 September 2016, again without prior judicial notice to

either the family or lawyers, Mr. Jatar was transferred to another distant prison, the Cumana

remand centre, in the state of Sucre, some 227 km away from his home and the court that

was hearing his case.

17.

The source alleges that Mr. Jatar experienced serious violations of his human rights,

specifically his rights to personal liberty, due process, freedom of expression and freedom

of association, and that the Bolivarian Republic of Venezuela has, therefore, breached

international human rights treaties that it has acceded to or ratified, as well as the

Constitution and basic procedural rules provided for in domestic law. The provisions it has

breached include: articles 9, 11 (1), 19 and 20 of the Universal Declaration of Human

Rights; articles 9 (1), 14 (2) and (3) (b) and (c), 19 and 22 of the International Covenant on

Civil and Political Rights; articles 7 (1) and (2), 8 (2) (b) and (d), 13 (1) and 16 of the

American Convention on Human Rights; article 11 of the Inter-American Convention on

Forced Disappearance of Persons; articles 4 and 26 of the American Declaration of the

Rights and Duties of Man; articles 44 (1) and (2), 49 (2), 52 and 57 of the Constitution; and

articles 1, 8, 10, 127 and 119 (6) and (7) of the Criminal Procedure Code.

18.

The source concludes that Mr. Jatar’s arrest is arbitrary under categories II, III and V

of the Working Group’s classification.

Response from the Government

19.

On 3 September 2016, at approximately 9 a.m., a police task force made up of

officers from the SEBIN territorial base in Porlamar was assembled to verify information

provided by the counter-intelligence service according to which Braulio Jatar was suspected

of leading a financing network designed to undermine the State.

20.

The officers then headed to the suspect’s home but on the way spotted a grey Toyota

Corolla driven by the person of interest on José Francisco Esteban Gómez Avenue in

Porlamar. The officers pulled the vehicle over in front of the Royal Crown housing

development. In the presence of two witnesses, the officers inspected the vehicle and found,

under the rear seat, a silver briefcase from which they seized evidence of a potential crime,

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including United States dollars and some Venezuelan currency. The officers demanded to

know the purpose and origin of the money. When Mr. Jatar was unable to justify or provide

the origin of the seized items, he was transferred, along with the witnesses, to the SEBIN

territorial base in Porlamar and the Public Prosecution Service issued the order to launch a

criminal investigation.

21.

It is clear from the above that Mr. Jatar was arrested in flagrante delicto on suspicion

of money-laundering on 3 September 2016.

22.

In the interest of proceeding with the investigation, the Fourteenth Office of the

Public Prosecution Service of Nueva Esparta made an extraordinary request for a search

warrant on grounds of extreme necessity and urgency under article 196 (1) of the Criminal

Procedure Code.

23.

The search warrant was granted by the second court of first instance responsible for

the criminal court circuit of Nueva Esparta and was executed by the SEBIN officers at Mr.

Jatar’s home, located in the Costa Azul housing development on El Cocal Street, “Los

Chichitos” residence, Porlamar, municipality of Mariño, Nueva Esparta.

24.

It should be noted in this case that the search was carried out in the presence of

relatives, friends and three witnesses and that evidence was seized, including a Samsung

mobile telephone, a white SIM card and a black 8-gigabyte Kingston micro SD card found

in the spare room located in the lower part of the building.

25.

The Constitution, in chapter III on civil rights, article 44 (1), clearly establishes that:

“No person may be arrested or detained without a judicial order, unless he or she is caught

in flagrante delicto. In such cases, the person shall be brought before a judicial authority

within no more than 48 hours from the moment of detention. He or she shall remain free

during the trial, except under the circumstances provided for by law and assessed by the

case judge.”

26.

The Criminal Procedure Code, in chapter II, article 234, on arrest in the event of

flagrante delicto, provides a more precise definition of detention in such cases. The SEBIN

statutes set forth its jurisdiction and powers.

27.

Mr. Jatar was arrested and brought before the public prosecutor in accordance with

the procedures laid down in the current legal framework governing SEBIN officials.

28.

On 5 September 2016, he was brought before the second court of first instance

responsible for the criminal court circuit of Nueva Esparta. On the basis of this hearing, the

preliminary charge brought by the Twenty-Fourth Office of the National Public Prosecution

Service and the Fourteenth Office of the Public Prosecution Service of Nueva Esparta,

namely the alleged commission of the offence of money-laundering, as provided for in

article 35 of the Organized Crime and Financing of Terrorism Act, was upheld.

29.

It should be noted that the court ordered that the case be tried in accordance with the

ordinary procedure under the Criminal Procedure Code. The SEBIN facilities in Porlamar

were selected as the place for Mr. Jatar’s detention.

30.

On 20 October 2016, the Public Prosecution Service formally indicted Mr. Jatar of

the offence with which he had been charged at the arraignment.

31.

Mr. Jatar’s preliminary hearing was postponed twice at the request of the defence

and once because the court designated to hear the case was closed; the case is currently in

the intermediate stage.

32.

In the context of Mr. Jatar’s transfer to the court in Nueva Esparta, the Twelfth

Office of the Public Prosecution Service of Nueva Esparta responsible for sentence

enforcement was designated to interview him on 23 November 2016 to ascertain his

detention conditions.

33.

In addition, on 24 November 2016, the Public Prosecution Service visited the

detention centre where Mr. Jatar was being held and noted that he had received visits from

relatives and his defence counsels on 4, 11, 18, 19 and 21 November 2016. Furthermore, he

was permitted one 5-minute telephone call with relatives every two weeks.

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34.

Regarding Mr. Jatar’s health, the State faithfully abides by the Standard Minimum

Rules for the Treatment of Prisoners adopted by the United Nations. On 16 September

2016, Mr. Jatar was transferred to the 26 de Julio detention centre in San Juan de los

Morros, where a team from the Ombudsman’s Office conducted visits to monitor

observance of his human rights and inspect his detention conditions.

35.

On 25 September 2016, Mr. Jatar was transferred to the Cumana remand centre in

Sucre and was seen by a delegation from the Ombudsman’s Office on 26 September 2016.

During the interview, he said that: “I have had chronic hypertension for over 30 years.

Regarding my stay here, I am doing well, I have a clean bed and the meals have been very

tasty and served punctually.”

36.

The director of the remand centre was also interviewed and informed the team that:

“Mr. Jatar’s medication and treatment are administered in the centre’s medical service

under the authority of the doctor and nurses, and today he will have his review with the

social worker.”

37.

In addition, the Ombudsman was requested to, either personally or through an

appointee, review Mr. Jatar’s file to “monitor observance of his right to due process”.

38.

In the light of the exhaustive information and explanations it has provided, the State

requests that the present case be concluded and that the information herein be brought to the

attention of the Human Rights Council.

Additional comments from the source

39.

The source notes that it fully agrees with the Government’s reply that, under

Venezuelan law, the Public Prosecution Service, through its offices, is the body that holds

the power to “organize and lead criminal investigations” in the Bolivarian Republic of

Venezuela and that “takes criminal action on behalf of the State”. However, it is precisely

this power that was abused in the case of Mr. Jatar’s arbitrary detention, in which

connection the police officers unilaterally conducted a criminal investigation on and

monitored Mr. Jatar, and then, at their own initiative, carried out a search, stop and arrest,

without any prior oversight other than the discretionary power exercised by the officers

who led that particular police detachment.

40.

In other words, the police acted without the backing or prior instruction of the Public

Prosecution Service, as required under Venezuelan law, given that the Service — and not

the police — is the sole body with the power to organize and lead a criminal investigation.

In such an investigation, the Service is also the only body competent to request the

procedural court to authorize steps, such as the monitoring and observation of a person, the

examination of his or her activities and, of course, his or her interception and detention,

designed to ascertain the commission of criminal activity. None of that was done in this

case.

41.

Mr. Jatar and his defence counsel have argued in the trial before the domestic courts

that the accusation that he was in possession of foreign and national currency at the time of

his arrest is false. They have also raised this point publicly, stating that the accusation was

forged in the case file. Although this is a very serious allegation, it matches other

allegations in recent instances where cases of politically motivated arbitrary detention and

of arbitrary detention used as punishment for the legitimate exercise of human rights have

been publicly denounced.

42.

Mr. Jatar and his defence counsel have further argued that the claim that there were

witnesses to the arrest is also false. In this connection, they have also argued before the

competent court that none of the witnesses mentioned were in that location at the time of

the police operation or took part in any way in the conduct of the case in support of the

seizure of money or the interception and detention of Mr. Jatar.

43.

Even if United States dollars and Venezuelan bills had been confiscated from Mr.

Jatar, in no way is their possession a criminal offence.

44.

It is worth noting a new element which provides incontrovertible evidence that all

the actions by the police leading to Mr. Jatar’s detention were arbitrary in that they were

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carried out without instruction from the Public Prosecution Service or prior arrest warrant.

This new element is the State’s own statement that it was only after Mr. Jatar was

investigated on the unilateral and discretionary decision of the police, then monitored,

stopped and eventually arrested and moved to police headquarters that the Public

Prosecution Service ordered the launch of a criminal investigation, in blatant violation of

due process. The order came after, rather than before, the entire illegal proceedings against

Mr. Jatar.

45.

Mr. Jatar was detained without a prior judicial order, in violation of article 44 (1) of

the Constitution, which provides that “personal liberty is inviolable; consequently, no one

may be arrested or detained except by judicial order.” This valuable constitutional rule,

which is in keeping with the provisions that safeguard the fundamental right to personal

liberty, is binding on all police forces in the Bolivarian Republic of Venezuela. In addition,

the rule entails two layers of oversight insofar as it ensures that before a person can be

deprived of their liberty, the competent public prosecutor must, on the basis of familiarity

with the investigation and the actions he or she has previously ordered, consider the

measure to be necessary and, accordingly, submit a reasoned request to the court. Then, the

competent procedural court must carefully review the request and reasoning and, after

ascertaining that there are sufficient grounds for detention and that no other, less serious

means of achieving the cited objective are available, must order the detention in a duly

reasoned judicial decision.

46.

Although there is an exception to this rule, i.e. when a person is caught in flagrante

delicto, it could not be clearer that this exception does not apply to Mr. Jatar’s case. There

cannot be flagrante delicto when the police decides, of its own accord, to unilaterally

initiate an investigation, collect and classify evidence, appoint a team to look for, stop and

eventually detain a person. All of these actions obviously require the intervention of a

public prosecutor and the competent procedural court, which is why criminal law lays down

procedural rules to protect the fundamental principle of due process.

47.

Thus, the police acted simultaneously as police, prosecutor and judge by usurping

public powers, ordering the launch of an investigation and, based on its own actions and

conclusions, unilaterally deciding to order the search for and observation of Mr. Jatar,

which ultimately led to his detention. The foregoing is clear from the police’s own record,

as cited by the State in its reply, which is, moreover, the linchpin of the entire criminal

proceedings against Mr. Jatar.

48.

If it had really been a case of flagrante delicto, Mr. Jatar’s detention could not have

been preceded by actions to monitor, stop and arrest him. This approach, which is exactly

what the State itself describes as having happened, is proof positive that the police officers

undertook to find and arrest Mr. Jatar in a planned and concerted manner; therefore, it

cannot possibly be claimed that Mr. Jatar was spontaneously and casually “surprised”

during the commission of an offence, in other words caught in flagrante delicto.

Accordingly, the detention of Mr. Jatar is arbitrary.

49.

After being arrested on 3 September 2016, Mr. Jatar was initially transferred to the

SEBIN headquarters in Porlamar, Margarita Island, Nueva Esparta. He remained detained

there until 10 September 2016, when he was arbitrarily transferred, without prior

notification of his defence counsel or relatives, to the 26 de Julio pretrial detention centre

located in San Juan de los Morros, Guárico, more than 560 km away from his home and the

court that was hearing his case. He remained in that prison until 25 September 2016, when

he was once again illegally transferred without notice being given to his lawyers or

relatives to the Cumana remand centre, Sucre, 227 km away from his home and the court

that was hearing his case. On 21 November 2016, Mr. Jatar was transferred to the San

Antonio remand centre on Margarita Island, supposedly for the purpose of making him

available to the court for the preliminary hearing, which had initially been scheduled for 23

November 2016 but could not be held because of Mr. Jatar’s health. On 23 November

2016, Mr. Jatar was once again transferred to the Cumana remand centre. In December

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2016, Mr. Jatar was transferred back to the San Antonio remand centre, where he is being

held to this day.1

Discussion

50.

The Working Group thanks the source for submitting the communication and the

State for providing its replies regarding the detention of Mr. Jatar.

51.

The Working Group is mandated to investigate all cases of deprivation of liberty

imposed arbitrarily that are brought to its attention. In the discharge of its mandate, it refers

to the relevant international standards set forth in the Universal Declaration of Human

Rights and the International Covenant on Civil and Political Rights in accordance with its

methods of work.

52.

As a matter of priority, in its actions, the Working Group adheres to the rules set out

in its methods of work and refers to consistent, recognized State practice for processing

individual communications. Thus, for the consideration of the present case, the Working

Group will analyse the facts described by the source in the communication, which have

been made known to the State concerned.

53.

Mr. Jatar is a 58-year-old Venezuelan and Chilean national and a resident of

Margarita Island, Nueva Esparta.

54.

Mr. Jatar’s main occupation is as a journalist, director and editor for an online news

portal called Reporte Confidencial, which was established in 2007 and has become one of

the main media in the area where he lives through its critical analysis of the Government’s

policies. He is also a columnist for the newspaper Reporte de la Economía and hosts radio

shows on legal topics (“Radio Continente”, “Super K La Caribeña” and “Encuentro 88.7

FM”). He has extensive experience in legal work, journalism and politics in his country.

55.

Mr. Jatar was arrested by police officers attached to the Bolivarian National

Intelligence Service (SEBIN) after the Reporte Confidencial broadcast videos of a social

protest against the health and food crisis.

56.

The Working Group noted that, on the morning of Saturday, 3 September 2016, Mr.

Jatar was arrested by SEBIN agents between the Costa Azul housing development and La

Arboleda as he was driving to work in order to host his usual 9 a.m. radio show.

57.

At the time Mr. Jatar was detained, the police officers did not produce a court order

justifying the measure against him or explain the reasons for it. The Working Group noted

that SEBIN had conducted a preliminary investigation regarding Mr. Jatar. The Working

Group did not receive any information to confirm that the SEBIN agents had any legal

grounds to inspect Mr. Jatar’s car and subsequently deprive him of his liberty and therefore

considers the detention as arbitrary under category I.

58.

The Working Group confirmed that on Monday, 5 September 2016, two days after

he was deprived of his liberty, Mr. Jatar was brought before a judge. At the hearing, the

authorities noted that Mr. Jatar had been pulled over in his vehicle for inspection and had

allegedly been caught in flagrante delicto with a briefcase containing thousands of dollars.

It is surprising that at the same time as the Government argues that Mr. Jatar was arrested in

flagrante delicto, it acknowledges to the Working Group that SEBIN had earlier initiated an

investigation regarding his alleged involvement in acts potentially related to national

security. The Working Group considers that detaining Mr. Jatar after he was supposedly

caught in flagrante delicto and later charging him with money-laundering was motivated by

his exercise of his freedom of expression, specifically through his work as a journalist for

the electronic portal Reporte Confidencial, which posts information and opinion pieces that

are critical of the Government. Therefore, it must be concluded that Mr. Jatar’s deprivation

of liberty stemmed from his exercise of rights and freedoms enshrined in article 19 of the

Covenant. Consequently, the Working Group considers that Mr. Jatar’s detention is

arbitrary under category II.

1 On 31 May 2017, the source informed the Working Group that Mr. Jatar was placed under house

arrest on 24 May 2017. However, a preventive custodial measure remains in place.

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59.

The Working Group has been convinced that the authorities of the Bolivarian

Republic of Venezuela failed to guarantee Mr. Jatar the right to the lawyer of his choice

immediately following his arrest. Indeed, it observed that Mr. Jatar’s effective legal

representation was hindered by various actions attributable to the Government, the first

being the multiple transfers (at least six) of Mr. Jatar to and from different detention centres

without notifying his lawyers or relatives — which is contrary to normal practice — with a

view to preventing the lawyers from communicating with their client for an unjustifiable

length of time. It was not until 20 September 2016 that Mr. Jatar was granted access to his

lawyers. This is a breach of international norms on the impartiality of trials of sufficient

consequence as to make Mr. Jatar’s deprivation of liberty arbitrary. Moreover, it infringes

articles 9 and 10 of the Universal Declaration of Human Rights and articles 9 and 14 of the

Covenant, thereby making the detention arbitrary under category III.

60.

In recent years, the Working Group has repeatedly ruled on the arbitrary detention of

individuals in the Bolivarian Republic of Venezuela for having exercised their human

rights, such as the right to freedom of opinion, expression, association and assembly and the

right to political participation.

61.

The Working Group has, in recent years, identified a practice whereby the

Government of the Bolivarian Republic of Venezuela regularly deprives political opponents

of their liberty, in violation of fundamental norms of international law, including the

Universal Declaration of Human Rights and the Covenant.

62.

The occurrence of multiple arbitrary detentions on the part of the Government of the

Bolivarian Republic of Venezuela is reflected in the cases on which this Working Group

has ruled in recent years.2

Disposition

63.

In the light of the foregoing, the Working Group renders the following opinion:

The deprivation of liberty of Braulio Jatar, being in contravention of articles 9 and

10 of the Universal Declaration of Human Rights and of articles 9 and 14 of the

International Covenant on Civil and Political Rights, is arbitrary and falls within

categories I, II and III.

64.

The Working Group requests the Government of the Bolivarian Republic of

Venezuela to take the steps necessary to remedy the situation of Braulio Jatar 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 International Covenant on Civil and

Political Rights.

65.

The Working Group considers that, taking into account all the circumstances of the

case, the appropriate remedy would be to release Braulio Jatar immediately and accord him

an enforceable right to compensation and other reparations, in accordance with

international law.

2 Opinion No. 27/2015 concerning Antonio José Ledezma Díaz; Opinion No. 26/2015 concerning

Gerardo Ernesto Carrero Delgado, Gerardo Rafael Resplandor Veracierta, Nixon Alfonzo Leal Toro,

Carlos Pérez and Renzo David Prieto Ramírez; Opinion No. 7/2015 concerning Rosmit Mantilla;

Opinion No. 1/2015 concerning Vincenzo Scarano Spisso; Opinion No. 51/2014 concerning Maikel

Giovanni Rondón Romero and 316 others; Opinion No. 26/2014 concerning Leopoldo López;

Opinion No. 29/2014 concerning Juan Carlos Nieto Quintero; Opinion No. 30/2014 concerning

Daniel Omar Ceballos Morales; Opinion No. 47/2013 concerning Antonio José Rivero González;

Opinion No. 56/2012 concerning César Daniel Camejo Blanco; Opinion No. 28/2012 concerning

Raúl Leonardo Linares; Opinion No. 62/2011 concerning Sabino Romero Izarra; Opinion No.

65/2011 concerning Hernán José Sifontes Tovar, Ernesto Enrique Rangel Aguilera and Juan Carlos

Carvallo Villegas; Opinion No. 27/2011 concerning Marcos Michel Siervo Sabarsky; Opinion No.

28/2011 concerning Miguel Eduardo Osío Zamora; Opinion No. 31/2010 concerning Santiago

Giraldo Florez, Luis Carlos Cossio, Cruz Elba Giraldo Florez, Isabel Giraldo Celedón, Secundino

Andrés Cadavid, Dimas Oreyanos Lizcano and Omar Alexander Rey Pérez; and Opinion No. 10/2009

concerning Eligio Cedeño.

A/HRC/WGAD/2017/37

GE.17-10299

9

Follow-up procedure

66.

In accordance with paragraph 20 of its methods of work, the Working Group

requests the source and the Government to provide it with information on action taken in

follow-up to the recommendations made in the present opinion, including:

(a)

Whether Braulio Jatar has been released and, if so, on what date;

(b)

Whether compensation or other reparations have been made to Braulio Jatar;

(c)

Whether an investigation has been conducted into the violation of Braulio

Jatar’s rights and, if so, the outcome of the investigation;

(d)

Whether any legislative amendments or changes in practice have been made

to harmonize the laws and practices of the Government with its international obligations in

line with the present opinion;

(e)

Whether any other action has been taken to implement the present opinion.

67.

The Government is invited to inform the Working Group of any difficulties it may

have encountered in implementing the recommendations made in the present opinion and

whether further technical assistance is required, for example, through a visit by the

Working Group.

68.

The Working Group requests the source and the Government to provide the above

information within six months of the date of the transmission of the present opinion.

However, the Working Group reserves the right to take its own action in follow-up to the

opinion if new concerns in relation to the case are brought to its attention. Such action

would enable the Working Group to inform the Human Rights Council of progress made in

implementing its recommendations, as well as any failure to take action.

69.

The Working Group recalls that the Human Rights Council has encouraged all

States to cooperate with the Working Group and requested them to take account of its views

and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily

deprived of their liberty, and to inform the Working Group of the steps they have taken.3

[Adopted on 28 April 2017]

3 See Human Rights Council resolution 24/7, paras. 3 and 7.