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A/HRC/WGAD/2025/54

Opinion No. 54/2025 concerning Américo Giuseppe De Grazia Veltri, Carlos Marcelino Chancellor Ferrer and Williams Daniel Dávila Barrios (Bolivarian Republic of Venezuela)

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2025-08-29 · 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.25-16366 (E) 151125 171125

Human Rights Council

Working Group on Arbitrary Detention

Opinions adopted by the Working Group on Arbitrary

Detention at its 103rd session 25–29 August 2025

Opinion No. 54/2025 concerning Américo Giuseppe De Grazia Veltri,

Carlos Marcelino Chancellor Ferrer and Williams Daniel Dávila

Barrios (Bolivarian Republic of Venezuela)

1.

The Working Group on Arbitrary Detention was established by the Commission on

Human Rights in its resolution 1991/42. In its resolution 1997/50, the Commission extended

and clarified the mandate of the Working Group. Pursuant to General Assembly

resolution 60/251 and Human Rights Council decision 1/102, the Council assumed the

mandate of the Commission. The Council most recently extended the mandate of the

Working Group for a three-year period in its resolution 51/8.

2.

In accordance with its methods of work,1 on 25 November 2024 the Working Group

transmitted to the Government of the Bolivarian Republic of Venezuela a communication

concerning Américo Giuseppe De Grazia Veltri, Carlos Marcelino Chancellor Ferrer and

Williams Daniel Dávila Barrios. The Government replied to the communication on

27 February 2025. 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 and 18–21 of the Universal Declaration of Human

Rights and, insofar as States Parties are concerned, by articles 12, 18, 19, 21, 22 and 25–27

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, disability

1 A/HRC/36/38.

United Nations

A/HRC/WGAD/2025/54

General Assembly

Distr.: General

30 October 2025

English

Original: Spanish

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

(category V).

1.

Submissions

(a)

Communication from the source

4.

Américo Giuseppe De Grazia Veltri is a national of the Bolivarian Republic of

Venezuela and Italy, an opposition politician, a former member of the National Assembly

(between 2011 and 2021) and the founder of Guayana Libre.

5.

Carlos Marcelino Chancellor Ferrer, a national of the Bolivarian Republic of

Venezuela, is a leader of Causa R and was mayor of Sifontes, Bolívar State, for four terms

between 1995 and 2017.

6.

Williams Daniel Dávila Barrios, a national of the Bolivarian Republic of Venezuela

and Portugal, is an opposition politician, former governor of Mérida State, a former member

of the National Assembly and a former member of the Parliament of the Southern Common

Market (MERCOSUR). He is currently political secretary of the National Executive

Committee of Acción Democrática (“en resistencia”).

7.

The source states that the three individuals were arbitrarily detained by State security

forces between 6 and 8 August 2024. These instances of detention occurred amid the political

persecution of opposition leaders that formed the backdrop to the presidential elections of

28 July 2024.

(i)

Context

8.

Although the official campaign for the presidential election began on 4 July 2024,

election season began on 1 January. On 18 January, the President called for the activation of

a civilian, military and law enforcement plan, known as “Bolivarian Fury”, to prevent

terrorist attacks. On 19 January, the Minister of the Interior, Justice and Peace linked the plan

to the fight against “traitors” and to national defence, a step that resulted in vandalism,

arbitrary detention, cases of temporary disappearance and an attempted abduction.

9.

According to the available data, at least 169 politically motivated arbitrary arrests

were made by 28 July 2024. After the elections of 28 July and the allegations of fraud,

repression increased, with 1,062 arrests reported by the Public Prosecution Service as of

31 July, although the figures vary from one source to another. A week later, the President

stated that there were 2,229 detainees, whom he described as terrorists; the website of the

Public Prosecution Service, for its part, stopped working and did not offer any further data.

10.

After 28 July 2024, according to the source, there were mass arrests during protests

or in people’s homes, including of teenagers and people with disabilities, as well as targeted

arrests of political leaders, activists and journalists.

(ii)

Arrests and criminal proceedings

Mr. De Grazia Veltri

11.

During the campaign for the presidential elections that were held on 28 July 2024,

Mr. De Grazia Veltri played an active role in organizing and mobilizing support for the

opposition candidate at the local level.

12.

The source notes that, previously, on 7 May 2019, the Supreme Court had ordered the

prosecution, without instituting the required preliminary proceedings, of six members of the

National Assembly, including Mr. De Grazia Veltri, who was accused of several serious

crimes. He then sought refuge in the Italian Embassy and went into exile. A year earlier, the

President had publicly accused him of leading a mining mafia in Barinas. On 31 August 2020,

he and other opposition figures were pardoned; he returned to the country in 2021 and ran

for governor of Bolívar.

13.

After the 28 July 2024 elections, Mr. De Grazia Veltri took refuge in Guayana and

then travelled to Caracas to combat the persecution he was facing.

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14.

On 7 August 2024, Mr. De Grazia Veltri was reportedly arrested in Altamira, Caracas,

after leaving La Floresta, a clinic to which he had gone for a check-up. He informed his

family that he was on his way to his lodgings, but he never arrived, and his neighbours did

not see him. He was presumably arrested at midday, as he missed a doctor’s appointment

scheduled for 2 p.m.

15.

His relatives became concerned when they lost contact with him. They tried to find

him with the app Find My iPhone, but it had been disabled. They thought it might have shut

down for some technical reason.

16.

On 8 August 2024, in the absence of news, Mr. De Grazia Veltri’s relatives searched

for him in detention centres. At El Helicoide they were informed that he was being held there

and were asked to bring him some personal items, but they were not allowed to see him, and

as a result they left unsure whether he was there. In addition, his car, a Chevrolet Aveo, was

impounded by the Bolivarian National Intelligence Service.

17.

A family member later made a public statement confirming that Mr. De Grazia Veltri

was detained in Caracas at the headquarters – in the building known as El Helicoide – of the

Bolivarian National Intelligence Service. Three days after his arrest, the family members

received a letter, written in Mr. De Grazia Veltri’s hand, containing a generic message in

which he sent them greetings.

18.

Mr. De Grazia Veltri was arrested in murky circumstances, and for at least 24 hours

his whereabouts were unknown. His relatives suspect that he was arrested for his

denunciation of the disappearance of the former mayor of Tumeremo and his support for the

opposition leader during the elections.

19.

The source notes that no arrest warrant was produced and that what the charges are is

unclear. The family has no official information about Mr. De Grazia Veltri’s health or legal

situation or direct contact with him except for letters with generic messages confirming that

he is alive. The officials produce these letters and then destroy them, thereby preventing

Mr. De Grazia Veltri’s relatives outside the Bolivarian Republic of Venezuela from verifying

that they are indeed from Mr. De Grazia Veltri.

20.

On 17 August 2024, the Inter-American Commission on Human Rights issued

resolution No. 51/2024 on Mr. De Grazia Veltri, in which it found it regrettable that the

Bolivarian Republic of Venezuela had taken no measures to protect him, thereby keeping

him in a situation of vulnerability.2

21.

On 9 August 2024, after Mr. De Grazia Veltri was arrested, a family member filed a

complaint with the Ombudsman, stating that Mr. De Grazia Veltri was being held

incommunicado. Mr. De Grazia Veltri’s lawyer had not had access to him, either, and the

source notes that the family members have insisted that he not be represented by public

defenders.

22.

National Prosecutor’s Office No. 61, the Third Procedural Court, which has

jurisdiction over cases related to terrorism, and public defender No. 93 are, according to that

complaint, involved in the case. In addition, Mr. De Grazia Veltri’s family learned that he

was charged with incitement to hatred. They have not, however, had access to the case file

or to information on the reasons for which he was deprived of his liberty.

23.

The source notes that in Con el mazo dando, the television programme of the Minister

of the Interior, Justice and Peace, the Minister stated that Mr. De Grazia Veltri was involved,

together with Mr. Chancellor Ferrer, members of the campaign team of the leader of the

opposition and two Spanish nationals, in the plans to assassinate the mayor of Upata, Bolívar.

24.

On 9 August 2024, a relative of Mr. De Grazia Veltri filed a writ for a remedy of

amparo before the Court of First Instance in Caracas for the violation of Mr. De Grazia

Veltri’s rights, as his communication with relatives and lawyers was limited and he had not

been informed of the reasons for the arrest. The complaint was also submitted to and

2 Inter-American Commission on Human Rights, resolution 51/2024, 17 August 2024.

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acknowledged by the Directorate of Human Rights of the relevant office of the Public

Prosecution Service.

25.

On 16 October 2024, a family member made a report to the Office of the Inspector of

Courts contending that the Third Procedural Court had violated Mr. De Grazia Veltri’s right

to due process of law by preventing him from appointing a lawyer of his choosing or taking

part in the proceedings and by keeping him in solitary confinement for more than 70 days.

26.

On 16 October 2024, another family member filed a petition for a second writ of

habeas corpus in which a complaint was made against the judge of the Third Procedural Court

for proceeding unlawfully and thereby undermining the defence and interfering with the

constitutional guarantees of freedom, effective judicial protection and due process, as well as

the exercise of the right of defence.

27.

There has been no response to the complaints filed by the members of Mr. De Grazia

Veltri’s family, and what progress has been made in the investigation or in the defence

strategy adopted by the public defender he was forced to accept is unknown.

Mr. Chancellor Ferrer

28.

In 2005, Mr. Chancellor Ferrer participated in a mining protest in Tumeremo, Bolívar,

and was charged with incitement to commit a crime and setting up roadblocks, charges that

led to his imprisonment. In 2008 he was elected mayor of Sifontes with the support of the

party Patria para Todos. He was sentenced to 7 years in prison in 2009 but was released on

probation, with restrictions on his freedom of movement, in 2011.

29.

Mr. Chancellor Ferrer, a member of the party Mesa de la Unidad Democrática, was

re-elected mayor of the municipality of Sifontes in 2013. In 2016, he and Mr. De Grazia

Veltri denounced the disappearance, initially denied by the governor of Bolívar, of 28 miners

in Tumeremo. In 2020 he was arrested in Porlamar on 2005 warrants that had not been

removed from the system and released a month later.

30.

Mr. Chancellor Ferrer was arrested on 6 August 2024 while travelling in Anzoátegui

State. He was arrested at around 2 p.m. at the La Guarapera checkpoint in El Tigre as he was

on his way to visit a relative. He made the trip in his personal vehicle in the company of

another person, who was doing him the favour of driving as a result of Mr. Chancellor

Ferrer’s vision problems, which prevent him from driving himself.

31.

The source states that, at the checkpoint, members of the Bolivarian National Guard

stopped their vehicle, asked for the two people’s papers, separated them and held them at the

checkpoint for approximately two and a half hours. A group of officers from the Directorate

General of Military Counter-Intelligence then arrived and, without producing an arrest

warrant issued by a court or uttering a word, proceeded to transfer Mr. Chancellor Ferrer to

the premises of the Bolivarian National Intelligence Service in Puerto Ordaz, Bolívar. They

released Mr. Chancellor Ferrer’s companion there and left Mr. Chancellor Ferrer in detention.

32.

That very night, the security forces made arrangements for a plane and took

Mr. Chancellor Ferrer to the headquarters of the Bolivarian National Intelligence Service in

El Helicoide, Caracas, where he has remained to this day. He is being held incommunicado

and is in frail health, as he has chronic ailments that could get worse and put his life at risk.

Mr. Chancellor Ferrer, who is 64, has high blood pressure and diabetes, in addition to an

ocular pathology related to macular degeneration, for which he must undergo monthly

treatment. There is no information on whether medical care is available in the prison.

33.

Mr. Chancellor Ferrer’s family members travelled twice, once on 6 September and

once on 7 October 2024, to find out why he was in detention and how he was doing. On their

first visit, which took place after a month without news, they were informed that public

defender No. 94 was handling the case, which was being investigated by National

Prosecutor’s Office No. 48 and heard by the Third Procedural Court with jurisdiction over

cases related to terrorism. The family members provided evidence and references for him,

but, according to the source, none of what they provided was used in his defence.

34.

Like Mr. De Grazia Veltri, Mr. Chancellor Ferrer was accused on Con el mazo dando,

the television programme of the Minister of the Interior, Justice and Peace, of being involved,

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together with members of the opposition leader’s campaign team and two Spanish nationals,

in the planning of the assassination of the mayor of Upata, Bolívar.

35.

On their second visit, Mr. Chancellor Ferrer’s relatives were able to see him in El

Helicoide under the surveillance of the police, who listened to what they were saying the

entire time. He told his family members that his initial appearance before a judge had taken

place there, without lawyers of his choosing, and that he was facing charges of incitement to

hatred, sedition and terrorism. During his imprisonment, he was transferred twice to a

medical centre for health problems.

36.

During the visit, it was observed that Mr. Chancellor Ferrer had a growing lesion on

his forehead and left hand. The source states that, during the judicial proceedings, the

Prosecutor’s Office did not summon witnesses or accept statements, and the defence lawyer

has neither met with Mr. Chancellor Ferrer nor challenged the detention.

Mr. Dávila Barrios

37.

Mr. Dávila Barrios and other opposition figures have faced restrictions imposed by

the Government since 2016. In 2017, the man who was then speaker of the National

Assembly, the current Minister of the Interior, Justice and Peace, threatened Mr. Dávila

Barrios on social media in the following terms: “I can leave the country – I doubt you can.”

His passport was cancelled that year, and he was banned from travelling in and out of the

country.

38.

On 6 September 2017, the Inter-American Commission on Human Rights adopted

precautionary measures in favour of Mr. Dávila Barrios after recognizing that he was facing

harassment and death threats, including shots fired at his home.3

39.

On 8 August 2024, Mr. Dávila Barrios was arrested by unidentified individuals who

put him in a sport utility vehicle without official markings; the individuals in question were

presumably members of paramilitary organizations known in the Bolivarian Republic of

Venezuela to be close to the Government. A video posted on social media shows the moment

in which a group of men forced Mr. Dávila Barrios into a silver Roraima without a licence

plate in the vicinity of Los Palos Grandes, a square in Caracas.

40.

The arrest took place as a peaceful rally calling for an end to persecution and the

release of all persons made political prisoners during the post-election protests came to an

end.

41.

On the day of the arrest and the following day, lawyers and members of Mr. Dávila

Barrios’s family went in search of him from one office or detention centre of the security

forces and intelligence services in Caracas to another, including the headquarters of the

Bolivarian National Intelligence Service in El Helicoide, the headquarters of the Directorate

General of Military Counter-Intelligence in Boleíta and the headquarters of the Bolivarian

National Police in Maripérez. In each of these places, the officials either refused to provide

them with information or informed them that they were not holding Mr. Dávila Barrios.4

42.

Days earlier, Mr. Dávila Barrios had made a statement in which he had questioned the

results announced by the National Electoral Council, by which Nicolás Maduro was

proclaimed the winner of the 28 July 2024 elections. In his statement, Mr. Dávila Barrios

highlighted what he described as the resounding victory of the opposition candidate, whom

he considers the legitimate President-elect of the Bolivarian Republic of Venezuela for the

period 2025–2031.

43.

After being arrested, Mr. Dávila Barrios was held incommunicado, and neither his

family nor his lawyers received any official information about his whereabouts or condition.

Unofficially, information suggesting that Mr. Dávila Barrios could be in El Helicoide, in

3 Resolution 35/2017, precautionary measure No. 533-17.

4 See the conference room paper, dated 14 October 2024, containing the detailed findings of the

independent international fact-finding mission on the Bolivarian Republic of Venezuela, para. 833.

Available at www.ohchr.org/en/hr-bodies/hrc/ffmv/index.

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Caracas, was provided. However, the reasons for the arrest have not been made clear, and to

this day he has not been allowed to communicate with lawyers of his choosing.

44.

It had been confirmed on 11 July 2023 that Mr. Dávila Barrios had severe aortic

stenosis and obstructive coronary artery disease; urgent surgery (transcatheter aortic valve

implantation and revascularization) had been recommended.

45.

The source claims that, although it was known through unofficial channels that

Mr. Dávila Barrios was being held in El Helicoide, it was later confirmed that on 14 August

2024 he was in the Hospital de Clínicas Caracas with a severe infection and in serious

condition. Members of his family were unable to see him until a week after the transfer,

however.

46.

On 12 August 2024, a relative of Mr. Dávila Barrios’s reported his enforced

disappearance to the Directorate for Fundamental Rights. Initially, the Public Prosecution

Service refused to accept the report because it had been made on a weekend, but after a

second attempt and three hours of waiting, it was accepted, albeit with the caveat that

acceptance of the report did not necessarily imply acknowledgement of its contents. In

addition, photos were taken of the report, the lawyers and the relative who filed the report.

47.

On 15 August 2024, Mr. Dávila Barrios’s lawyers met with the appointed public

defender, who noted that Mr. Dávila Barrios had been brought before the First Procedural

Court with jurisdiction over cases of terrorism, although the public defender, stating that he

would share it only with Mr. Dávila Barrios’s relatives, refused to provide more information.

On 27 August, the lawyers went with a family member who travelled from another city to

obtain information, but she was not received. After waiting four hours, they received only

medical reports and were not allowed contact with the public defender. Although the Public

Defender’s Office has the family’s telephone numbers, it has not made contact of any sort

with the family.

48.

On 21 August 2024, a relative of Mr. Dávila Barrios’s submitted a complaint to the

Ombudsman’s Office in which he claimed that Mr. Dávila Barrios’s human rights, including

the right of due process, had been violated and pointed out that, because of the court’s refusal,

neither the family nor Mr. Dávila Barrios’s lawyers had been able to petition for a writ of

habeas corpus. He asked the Office intervene in a bid to allow the appointment of a trusted

lawyer to petition for the writ. The State has not conducted an investigation of any kind.

49.

On 14 August 2024, the Inter-American Commission on Human Rights issued

resolution 49/2024, in which it expressed concern about the continued risk faced by

Mr. Dávila Barrios and the State’s failure to take measures to protect him.

50.

On 16 October 2024, Mr. Dávila Barrios’s lawyers were informed that about 15 armed

officers of the Bolivarian National Intelligence Service had entered his room at the Hospital

de Clínicas Caracas to move him to El Helicoide. Lawyers and a family member found that

there was no court order or medical discharge, so the transfer took place without medical

authorization.

51.

Forty-eight hours after the forced transfer to El Helicoide, the guards took Mr. Dávila

Barrios back to the hospital. It is believed that he was transferred for an initial hearing that

was to be held at El Helicoide.

52.

The source contends that one complaint of enforced disappearance was submitted to

the Public Prosecution Service and another to the Ombudsman’s Office but that no progress

has been made.

(iii)

Legal analysis

53.

The source argues that the detention of the three individuals falls within categories I,

III and V of the Working Group’s categories of arbitrary detention.

a.

Category I

54.

The source maintains that the arrests were arbitrary, since there was no warrant, none

of the three individuals was caught in flagrante delicto and there was no evidence justifying

the deprivation of liberty or the refusal to authorize alternatives.

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55.

According to the source, the three individuals were subjected to enforced

disappearance. Under the International Convention for the Protection of All Persons from

Enforced Disappearance, enforced disappearance is a multidimensional crime involving

three concurring situations: (a) deprivation of liberty; (b) direct intervention by, or

acquiescence of, agents of the State; and (c) a refusal to acknowledge the detention or

concealment of the fate or whereabouts of the person concerned.

56.

The source maintains that the present case involves these three situations. In addition

to the violation of the right to personal liberty resulting from the unlawful detention, the

detention was, according to the source, unlawful also because it was, in view of the

multidimensional nature of enforced disappearance, a violation of the right to personal safety

and recognition as a person before the law.5 The three individuals were deprived of other

rights, such as the right to be heard by a judge within a reasonable time, the right to inform

the members of their families and their lawyers that they had been detained, as well as the

right to have the members of their families receive information about their whereabouts.

b.

Category III

57.

According to the source, as of the date of submission of the complaint, the three

individuals were being held at the headquarters of the Bolivarian National Intelligence

Service in El Helicoide. They were subjected to enforced disappearance, and it can be

presumed that they have been subjected to ill-treatment, that they have been held

incommunicado and that the members of their families and their lawyers have been unable

to ascertain their real situation. El Helicoide is a symbol of repression in the Bolivarian

Republic of Venezuela. Inhumane conditions and systematic torture are documented in

reports from international organizations and complaints from human rights organizations,

and a large number of personal accounts attest to overcrowding, violent interrogations and

physical and psychological abuse, especially of political prisoners.

58.

In the source’s view, there was a clear violation of the right to effective judicial

protection and there was an absence of supervision by the court after the detention of the

three individuals, as the courts responsible for guaranteeing the procedural rights of the

parties have taken no action; they have, on the contrary, contributed to the unlawfulness of

the detention to the point that Mr. De Grazia Barrios’s family members have decided to file

a complaint against the judge responsible for the oversight of guarantees of due process for

not doing his job.

59.

The source states that judges and prosecutors, by allowing the detention of the three

individuals without warrants, a prima facie case against them or evidence to justify the arrest,

demonstrated a lack of independence and impartiality. The upshot is a violation of the right

to be presumed innocent and the right to due process of law.

60.

In addition, there has been no response to the petitions that the family members of the

three individuals have submitted to the courts, in particular the petitions for writs of habeas

corpus and the complaints of human rights violations. As the courts have not responded

appropriately to the petitions, thereby violating the right to judicial protection, the petitions

are evidently ineffective.

61.

The source contends that a member of Mr. De Grazia Veltri’s family submitted several

complaints to the Ombudsman and the Public Prosecution Service but did not receive a

response. The petition for a writ of habeas corpus filed by the family has likewise gone

unanswered. The members of Mr. Chancellor Ferrer’s family have, for their part, faced

obstacles to having consideration given to exculpatory evidence and supporting witnesses.

62.

The State’s failure to comply with its obligation to ensure that oversight of the

arbitrary detention of the three individuals is exercised by a judicial authority, in flagrant

violation of article 14 of the Covenant and principles 11 and 37 of the Body of Principles for

the Protection of All Persons under Any Form of Detention or Imprisonment, is thus made

5 Inter-American Court of Human Rights, Anzualdo Castro v. Peru, judgment of 22 September 2009,

paras. 90 and 91.

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amply clear. This demonstrates the total or partial non-observance of the international norms

relating to the right to a fair trial.

63.

The source adds that, under article 14 (3) (b) of the Covenant, all persons charged

with a criminal offence are, in the determination of the charges against them, entitled, in full

equality, to have adequate time and facilities for the preparation of their defence and to

communicate with counsel of their own choosing.

64.

The independent international fact-finding mission on the Bolivarian Republic of

Venezuela has noted that judges deny persons accused of a criminal offence the right to

counsel of their choosing, forcing them to accept a public defender. It has also noted that,

even when defendants were able to secure representation of their choosing, their ability to

prepare an adequate defence was hindered in various ways.6

65.

The source reports that the right of defence of has been systematically violated, in

particular since the electoral crisis of July 2024, by forcing public defenders on accused

persons and prohibiting them from being represented by lawyers of their choosing, thereby

affecting the fairness of trials. The three detainees were forced to accept public defenders

who never met privately with them. Members of Mr. De Grazia Veltri’s family submitted a

complaint to the Office of the Inspector of Courts in which they contended that the judge had

prevented them from appointing a lawyer they trusted.

c.

Category V

66.

The source submits that the account of the facts makes it clear that the detention of

the three individuals has been motivated chiefly by their political positions and activities as

opponents of the Government. The electoral context in which the arrests occurred suggests

selective persecution of opposition figures and thus a pattern of discrimination based on

political opinion. In addition, the failure to follow due process of law as the arrests were

made, including the absence of warrants and the lack of clear information about the charges,

is a violation of the fundamental principles of international law.

67.

The independent international fact-finding mission on the Bolivarian Republic of

Venezuela documented instances of selective repression before and after the presidential

elections of 28 July 2024. In the 10 months before the elections, it investigated arrests of

opposition and civil society leaders and found that there had been 121 (of 106 men and

15 women) linked to opposition activities. The three individuals fit the profile of the victims

of arbitrary detention described in the conference room paper dated 14 October 2024: namely,

“members of opposition political parties and groups”. The case of Mr. Dávila Barrios was

preliminarily considered a case of arbitrary detention and was included in section E of the

paper (“Illustrative cases”, para. 829).7

(b)

Response from the Government

68.

The Working Group, in accordance with its methods of work, transmitted the source’s

allegations to the Government of the Bolivarian Republic of Venezuela on 25 November

2024 and requested it to submit a response by 24 January 2025. The Government requested,

and was granted, an extension of the deadline for providing its response. The Working Group

received the Government’s response on 6 June 2025, within the established time limit.

69.

The Government, in its response, states that, on 6 August 2024, officers from the

Strategic Investigations Directorate of the Bolivarian National Intelligence Service arrested

Mr. Chancellor Ferrer in the act of spreading hateful and discriminatory messages directed

at President-elect Nicolás Maduro and at the social group that identifies ideologically with

6 A/HRC/57/57, paras. 68 and 69.

7 See the conference room paper, dated 14 October 2024, containing the detailed findings of the

independent international fact-finding mission on the Bolivarian Republic of Venezuela. Available at

www.ohchr.org/es/hr-bodies/hrc/ffmv/index and

www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session57/advance-

versions/a-hrc-57-crp-5-es.pdf.

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9

him. Using his social networks, he publicly called for an uprising against the legitimately

elected Government, taking advantage of his status as former mayor.

70.

On 7 August 2024, during a patrol on calle Arichuna, a street in Miranda State, in

which officials from the Strategic Investigations Directorate of the Bolivarian National

Intelligence Service were taking part, Mr. De Grazia Veltri was arrested in the act of posting

to social media sites destabilizing messages in which he called for violent and unlawful

action, as defined in the Venezuelan legal framework. Specifically, he was spreading hateful

and discriminatory messages directed at President-elect Nicolás Maduro and the group of

people who identify ideologically with him. He also called on the public to rise up against

the legitimately elected Government, branding it a dictatorship and stating that the security

forces had a licence to kill and that the constitutional President of the Bolivarian Republic of

Venezuela should hand the presidential palace over.

71.

After he was arrested, he was transferred to the headquarters of the Bolivarian

National Intelligence Service located in El Helicoide, a building in Caracas. He was also

assessed by a commission from the Office of the Health Coordinator of the Strategic

Investigations Directorate; the assessment, in which his vital signs were checked, a physical

examination was performed and his medical records were reviewed, showed that he had

vitiligo and suffered from urinary incontinence.

72.

At the time of the arrests, the officials from the Strategic Investigations Directorate

informed the two individuals of the reasons for the arrest and read them their rights, as shown

in the relevant official documents dated 6 and 7 August 2024, which bear their legible

signatures and respective fingerprints.

73.

On 7 August 2024, Mr. Chancellor Ferrer and Mr. De Grazia Veltri appointed a public

defender to represent them before the Third Special Procedural Court with jurisdiction over

cases of terrorism, corruption and organized crime in the metropolitan area of Caracas. On

that very day, the two individuals were brought separately before the Court for an initial oral

hearing. At the hearings, both individuals, together with their lawyers, were in a position to

make the points they considered relevant to their defence.

74.

The Third Special Procedural Court of Caracas accepted the charges of incitement to

hatred and sedition filed against the two individuals and ordered that they be subjected to a

standard criminal trial and held until trial in El Helicoide, headquarters of the Bolivarian

National Intelligence Service.

75.

The Court also decided to conduct an ordinary trial and ordered the two individuals,

who were assigned to Caracas Metropolitan Area Centre for Remand and Convicted

Prisoners I, a maximum security facility in El Helicoide.

76.

On 17 September 2024, the Public Prosecution Service filed formal charges against

the two individuals with the court hearing the case.

77.

On 17 October 2024, counsel for the defence of the two individuals filed motions in

which the Third Special Procedural Court was asked to dismiss the charges. The preliminary

hearings, in which Mr. Chancellor Ferrer pleaded not guilty, and Mr. De Grazia Veltri

claimed that he was prevented from communicating with his lawyer and members of his

family, were held on 28 October.

78.

The Government notes that counsel for the defence requested that the case be dropped,

that the charge of sedition be dismissed, that the hate crime be reclassified and that

Mr. De Grazia Veltri be released on condition that he report periodically to a judicial

authority. The Court admitted the charges and the evidence that the Public Prosecution

Service produced for incitement to hatred and sedition, approved the pretrial detention and

ruled that the case should go to trial. Neither of the defendants was linked to the alleged

murder of the mayor of Upata.

79.

The Government noted that, on 8 August 2024, officials from the Strategic

Investigations Directorate of the Bolivarian National Intelligence Service arrested Mr. Dávila

Barrios in flagrante delicto for his involvement in the use of the mass media for the

continuous encouragement of insubordination with a view to spreading an insurrectionary

message in which a case was made for election results that, because they had not come from

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the electoral branch of government, were illegitimate. As a result, acts of violence were

committed by followers of political parties opposed to the Government.

80.

He was arrested at a road checkpoint on Cuarta Avenida in Los Palos Grandes (in the

municipality of Chacao, Miranda State) and transferred to El Helicoide. According to the

medical report prepared by the National Medical and Forensic Science Service, he has

valvular heart disease and a stent, has undergone revascularization as a result of severe aortic

stenosis and has refractory pulmonary hypertension; a cardiological evaluation and

continuation of treatment were recommended. As he was arrested, the Strategic

Investigations Directorate officials informed Mr. Dávila Barrios of the reasons for the arrest

and read him his rights, as shown in the official report dated 8 August 2024, which bears his

signature and fingerprints.

81.

On 9 August 2024, a lawyer was appointed to defend Mr. Dávila Barrios, who did not

have a lawyer of his own, before the First Special Procedural Court, which has national

jurisdiction. On the same day, he appeared at the oral hearing, at which he and his lawyer

made their statements.

82.

The Caracas Metropolitan Area First Special Procedural Court, which has national

jurisdiction over cases related to terrorism, corruption and organized crime, confirmed the

preliminary charges of sedition, incitement to hatred and criminal association laid against

Mr. Dávila Barrios.

83.

The Court confirmed that the arrest was made, in accordance with article 234 of the

Code of Criminal Procedure, in flagrante delicto. In addition, it issued orders for an ordinary

trial, pretrial detention in the custody of the Bolivarian National Intelligence Service in El

Helicoide, the medical examination that had been requested and the delivery of copies of the

record of the hearing.

84.

On 18 September 2024, the Public Prosecution Service filed charges against

Mr. Dávila Barrios within the time frame provided in article 236 of the Code of Criminal

Procedure. On 9 October 2024, counsel for the defence filed motions alleging

non-compliance with article 308 of the Code of Criminal Procedure. The pretrial hearing was

scheduled six times (for 16 October 2024, 6, 11 and 27 November 2024, 10 December 2024

and 15 January 2025) but was postponed for reasons of force majeure. On 11 November

2024, the Public Prosecution Service stated that Mr. Dávila Barrios was being held at the

Hospital de Clínicas Caracas.

85.

The Government points out that, in each of the three cases, the courts considered

whether the requirements to keep the three individuals in pretrial detention were met: namely,

the commission of an offence that warrants a custodial sentence, evidence implicating the

suspects and a risk of flight or obstruction. It contends that these decisions are compatible

with article 9 (3) of the Covenant, under which it is permitted to detain accused persons in

custody to ensure that they appear for trial.

86.

Likewise, the detention of the three individuals cannot be considered arbitrary, since

at all times the criminal proceedings have unfolded in strict compliance with the guarantees

of due process and the right to a defence. The three individuals have had legal representation

throughout the proceedings. As soon as each of the men said he did not have a lawyer of his

own, a public defender was appointed for him.

87.

In these instances, the detention does not violate international law or constitute

discrimination based on political opinion, as the individuals, whose detention cannot be

considered arbitrary under category V of the Working Group’s categories of arbitrary

detention, were detained on suspicion of having committed serious crimes.

(c)

Additional comments from the source

88.

The source points out that, notwithstanding the claims made by the Government,

which contends that the arrests were lawful, the three opposition figures were apprehended

by unidentified agents, taken to clandestine facilities (such as El Helicoide) and held

incommunicado for more than 48 hours, without access to their lawyers or the members of

their families, a situation that constitutes enforced disappearance.

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89.

Due process of law, according to the source, was not followed. Moreover, the source

claims that the detainees were denied their right to a lawyer they trusted.

90.

The source argues that there is no concrete evidence for the charges of criminal

association and terrorist financing and that the three individuals have been charged for

legitimate opposition activities, such as criticism of the Government and participation in

electoral processes. The source notes that these charges are systematically used, in violation

of the right to freedom of expression and freedom of assembly, to criminalize dissent.

91.

In addition, the source denounces the lack of judicial independence: the courts hearing

the cases operate, in violation of the right to a hearing by an impartial tribunal, under the

control of the executive authorities. The source cites the reports of the independent

international fact-finding mission on the Bolivarian Republic of Venezuela, which document

the use of the justice system to persecute opposition figures.8

2.

Discussion

92.

The Working Group thanks the source and the Government for their submissions.

93.

To begin with, the Working Group was informed that Mr. De Grazia Veltri, 9

Mr. Chancellor Ferrer and Mr. Dávila Barrios10 were released between July and August 2025.

According to the source, the three individuals, who have been granted conditional release,

are still being prosecuted. The Working Group notes that the consideration of a case in such

circumstances is not ruled out under its methods of work.11 On the contrary, and in view of

the seriousness of the allegations concerning the deprivation of liberty of these persons, it

considers it necessary to render, in exercise of the power conferred on it under

paragraph 17 (a) of its methods of work, an opinion.12

94.

In determining whether the detention of the three detainees is arbitrary, the Working

Group has regard to the principles established in its jurisprudence to deal with evidentiary

issues. If the source has established a prima facie case for breach of international human

rights law constituting arbitrary detention, the burden of proof should be understood to rest

upon the Government if it wishes to refute the allegations. Mere assertions by the

Government that lawful procedures have been followed are not sufficient to rebut the

source’s allegations.13

(a)

Category I

95.

According to the source, the three individuals were arrested without being shown

arrest warrants or being duly informed of the reasons for the arrest. The Government, for its

part, maintains that that those allegations are untrue and produces official documents (records

showing that rights have been read) in which it is established that three individuals were

arrested, that they knew why they were arrested and that they had been read their rights.

96.

The Working Group notes, however, that, although an arrest warrant must always be

shown to any person taken into custody and, furthermore, that the person must be informed

at the time of arrest of the reasons for the arrest and of the judicial avenue to challenge the

lawfulness of the deprivation of liberty,14 there is no evidence in the Government’s response

or in the documents submitted by the Government (the records showing that rights have been

read) that this principle has been followed. The Working Group reiterates that the reasons

must include not only the legal basis of the arrest but also enough factual specifics, including

information on the wrongful act, to indicate the substance of the complaint. These reasons

are understood as being the official basis for the arrest, not the subjective motives of the

8 See A/HRC/54/57 and A/HRC/48/69.

9 Mr. De Grazia Veltri was released on 24 August 2025.

10 Mr. Chancellor Ferrer and Mr. Dávila Barrios were released on 18 July 2025 as a result of a trilateral

agreement entered into by El Salvador, the Bolivarian Republic of Venezuela and the United States of

America.

11 A/HRC/36/38, para. 17.

12 Opinions No. 33/2023, para. 86, and No. 55/2018, para. 59.

13 A/HRC/19/57, para. 68.

14 See A/HRC/30/37, principle 7.

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arresting officer.15 Likewise, detained persons have the right to be promptly notified of the

charges against them.

97.

The absence of evidence that at the time of the arrest the detainees were informed of

the reasons for the arrest lends weight to the source’s assertion that no arrest warrants were

produced and that the legal procedures laid out in article 9 (1) and (2) of the Covenant were

not followed.

98.

Mr. De Grazia Veltri’s whereabouts were unknown for at least 24 hours, during which

time members of his family searched for him in different detention centres. Finally, they

received news, along with the request to bring him toiletries and food, that he was in El

Helicoide. They were nonetheless not allowed to see or communicate with him, except

through brief letters that the guards destroyed as soon as they were read.

99.

The Working Group reiterates that there is no valid legal reason, under any

circumstances, for the detention of an individual by State agents to be followed by a failure

to provide information about his or her whereabouts or a refusal to acknowledge the situation

and that such conduct constitutes an offence of enforced disappearance within the meaning

of article 2 of the International Convention for the Protection of All Persons from Enforced

Disappearance. In addition, the detention is inherently arbitrary, as it places the person

outside the protection of the law, in violation of article 16 of the Covenant and article 6 of

the Universal Declaration of Human Rights. 16 Enforced disappearance is prohibited by

international law and constitutes a particularly aggravated form of arbitrary detention.17

100.

Mr. Chancellor Ferrer, a prominent opposition politician who had been persecuted

and imprisoned previously, was arrested in Puerto Ordaz and transferred to El Helicoide in

Caracas. He was held incommunicado, and his health – he has hypertension, diabetes and a

degenerative eye disease that requires monthly treatment – was affected during his

imprisonment.

101.

Mr. Dávila Barrios, a noted Venezuelan politician, was threatened publicly by the man

who, later the Minister of the Interior, Justice and Peace, was, at the time, speaker of the

National Assembly, after which his passport was cancelled and he was banned from travelling

in or out of the country. Mr. Dávila Barrios was arrested in Los Palos Grandes, a square in

Chacao, after a peaceful rally and taken to El Helicoide, headquarters of the Bolivarian

National Intelligence Service. The members of his family were not informed of his

whereabouts. Unofficially, it was learned that Mr. Dávila Barrios was taken to the Hospital

de Clínicas Caracas as a result of his medical condition. After a phone call from the

Bolivarian National Intelligence Service, he was returned to the prison under heavy escort

without being discharged from the hospital.

102.

In the light of the information that has been received, and as the Government has not

responded to the source’s allegations in a satisfactory manner, the Working Group is of the

view that the three detainees were victims of enforced disappearance, in violation of article

9 (1) of the Covenant. Furthermore, the Government’s failure to notify the family members

of the detainees of their arrest and the location of their detention was also a violation of

principle 16 (1) of the Body of Principles for the Protection of All Persons under Any Form

of Detention or Imprisonment.

103.

The Working Group stresses that detainees must be allowed to communicate with and

receive visits from their family members and that any restrictions and conditions on such

contact must be reasonable. As the Human Rights Committee has observed, giving prompt

and regular access to family members is an essential and necessary safeguard for the

prevention of torture and for protection against arbitrary detention and infringement of

personal security.18

15 Human Rights Committee, general comment No. 35 (2014), para. 25.

16 Opinions No. 56/2023, para. 92, and No. 13/2020, para. 51.

17 Human Rights Committee, general comment No. 35 (2014), para. 17.

18 General comment No. 35 (2014), para. 58, and opinion No. 84/2020, para. 69.

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13

104.

The Working Group notes that holding people at secret locations and in circumstances

undisclosed to their family is a violation of their right to contest the legality of their detention

before a court or tribunal under article 9 (3) and (4) of the Covenant.19

105.

Moreover, the source transmitted to the Working Group copies of legal documents

attesting to all the efforts that had been made, to absolutely no avail, in a bid to obtain

information and protection from the various human rights organizations of the Bolivarian

Republic of Venezuela, including the Ombudsman. Nor has the Government conducted an

investigation of any sort into these allegations.

106.

What is more, the steps taken to secure the release of the detainees include an appeal

to the Inter-American Commission on Human Rights, which made a request for protective

measures that has been disregarded by the Government.

107.

In addition, the Working Group reminds the Government that pretrial detention must

be preceded by consideration of the alleged punishable act, the evidence of guilt and the risk

of flight or obstruction of justice. The Working Group notes, too, that, under article 9 (3) of

the Covenant, pretrial detention must be the exception, not the rule, and should be ordered

for as short a time as possible.20 It must be based on an individualized determination that it is

reasonable and necessary for such purposes as to prevent flight, interference with evidence

or the recurrence of crime.21

108.

Courts must examine whether alternatives to pretrial detention, such as bail, would

render detention unnecessary, 22 especially in view of the specific situation of the three

detainees, that of Mr. Dávila Barrios in particular.

109.

The Working Group notes that the Government simply cites domestic legal

provisions; it does not explain what circumstances specifically relevant to each of the three

individuals warranted keeping them in custody from the time of the arrest to the respective

court hearing. The Working Group therefore finds that article 9 (3) of the Covenant has been

violated. The Group notes that ordering pretrial detention without evidence and refusing to

authorize alternatives to detention, practices that constitute violations of article 11 (1) of the

Universal Declaration of Human Rights, article 14 (2) of the Covenant and principle 36 of

the Body of Principles for the Protection of All Persons under Any Form of Detention or

Imprisonment and deprive the three detained persons of the guarantees necessary for them to

defend themselves while at liberty, was a violation of the right to be presumed innocent.

110.

The Working Group is therefore of the view that the Government did not establish a

legal basis for the arrest and detention of the three individuals and that their deprivation of

liberty falls within category I.

(b)

Category III

111.

The rights to due process and to a fair and impartial trial are identified, for example,

in general comment No. 32 (2007) of the Human Rights Committee, which is an authoritative

interpretation of the meaning and application of article 14 of the Covenant. In that general

comment, the right to a fair and public hearing by a competent, independent and impartial

tribunal established by law is held to be linked chiefly to article 14 of the Covenant, and that

right, together with the guarantees of the right to equality before courts, the right to be heard

publicly and the right to equality of arms, is applicable to all legal proceedings. States Parties

to the Covenant must respect all these rights, regardless of their legal traditions and their

domestic law.

112.

Article 11 (1) of the Universal Declaration of Human Rights and article 14 (2) of the

Covenant recognize the right of everyone charged with a criminal offence to be presumed

innocent. The Working Group points out that the presumption of innocence, which is

fundamental to the protection of human rights, imposes on the prosecution the burden of

proving the charge, guarantees that no guilt can be presumed until the charge has been proved

19 Opinion No. 17/2024, para. 62.

20 Opinion No. 64/2020, para. 58, and A/HRC/19/57, paras. 48–58.

21 Human Rights Committee, general comment No. 35 (2014), para. 38.

22 Ibid.

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beyond a reasonable doubt, ensures that the accused has the benefit of the doubt and requires

that persons accused of a criminal act be treated in accordance with this principle. 23

Furthermore, both the Committee and the Working Group have highlighted the duty of all

public authorities to refrain from prejudging the outcome of a trial by making public

statements affirming the guilt of the accused.24

113.

As shown by the source, the Minister of the Interior, Justice and Peace stated on his

television programme Con el mazo dando that both Mr. De Grazia Veltri and Mr. Chancellor

Ferrer, together with members of the campaign team of the opposition leader and two Spanish

nationals, were involved in the planning of the assassination of the mayor of Upata, Bolívar.

114.

The Working Group is of the view that such statements constitute a violation of the

right to be presumed innocent, which is enshrined in the Universal Declaration of Human

Rights, the Covenant and principle 36 of the Body of Principles for the Protection of All

Persons under Any Form of Detention or Imprisonment.

115.

This conclusion of the Working Group is bolstered by the fact that Con el mazo dando

is shown on several television channels and on other media, thereby making it possible that

both the public at large and the members of the justice system will form the opinion that the

accused are criminals before the merits of the case have been considered at a trial offering

the guarantees of due process.

116.

Similarly, in breach of article 14 (3) (b) of the Covenant, which provides that everyone

charged with a criminal offence has the right to have adequate time and facilities for the

preparation of his or her defence and to communicate with counsel of his or her own

choosing, the three individuals were forced to accept a lawyer appointed by the judicial

authorities. Consequently, they were prevented from exercising their right, enshrined in

article 14 (3) (d), to defend themselves in person or through legal assistance of their own

choosing. These rights are also protected under principles 17 and 18 of the Body of Principles

for the Protection of All Persons under Any Form of Detention or Imprisonment.

Accordingly, it is incumbent upon States to allow access – and to facilitate such access – to

a lawyer, preferably one chosen by the detained person, from the outset of detention. In this

case, the right to legal assistance was denied from that moment on.25 The Government

therefore violated the right of the detained persons to have adequate time and facilities for

the preparation of their defence and to communicate with counsel of their own choosing.

117.

In view of these circumstances, the Working Group is persuaded that the authorities

failed to observe the international norms relating to the right to a fair, independent and

impartial trial established in articles 10 and 11 of the Universal Declaration of Human Rights

and article 14 of the Covenant. This non-observance is of such gravity as to lead the Working

Group to regard the detention of the three individuals as arbitrary under category III.

(c)

Category V

118.

The Working Group takes note of the political activity of Mr. De Grazia Veltri,

Mr. Chancellor Ferrer and Mr. Dávila Barrios and the significance of their presence in the

democratic scenario in the Venezuelan electoral context. The Working Group, having noted

that the detained persons have previously been persecuted and even imprisoned for their

opposition political views and that they have held positions as lawmakers, governors and

mayors, concludes that the deprivation of liberty of these persons is arbitrary under

category V of its categories of arbitrary detention, as it involved discrimination on political

grounds and on grounds of opinion and expression.

119.

The facts of the case show clearly that the three individuals were detained not on the

reasonable suspicion of having committed serious crimes but as part of a systematic pattern

of persecution of leaders of the political opposition, especially after sensitive elections, in

direct violation of articles 2 and 26 of the Covenant, which guarantee equality before the law

and protection against discrimination on any ground, as well as article 19 of the Covenant,

23 Human Rights Committee, general comment No. 32 (2007), para. 30.

24 See opinion No. 40/2019.

25 A/HRC/45/16, paras. 51–53. See also A/HRC/30/37, annex, paras. 67–71 (guideline 8), and opinion

No. 38/2021, paras. 90 and 91.

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which guarantees freedom of expression, and article 21, which guarantees freedom of

peaceful assembly, all of which are fundamental rights in any democracy. Such conduct is

also incompatible with articles 1 and 7 of the Universal Declaration of Human Rights, in

which all persons are declared equal in dignity and rights and any discrimination is

prohibited. Consequently, the detention, despite being framed as having resulted from

criminal offences, has no substantive basis; it is an instrument of political repression,

inadmissible under international law, and arbitrary under category V.

(d)

Concluding remarks

120.

This case is one of a number of cases brought before the Working Group in recent

years concerning arbitrary detention in the Bolivarian Republic of Venezuela.26 The Working

Group is concerned that this might be a sign that arbitrary detention is widespread or

systematic in the country. The Working Group stresses that States have an obligation not to

commit acts that may constitute crimes against humanity and to prevent and punish them if

they are committed.

3.

Disposition

121.

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

The deprivation of liberty of Américo Giuseppe De Grazia Veltri, Carlos

Marcelino Chancellor Ferrer and Williams Daniel Dávila Barrios, being in

contravention of articles 2, 3 and 6–11 of the Universal Declaration of Human Rights

and articles 2, 9, 14 and 26 of the Covenant, is arbitrary and falls within categories I,

III and V.

122.

The Working Group requests the Government of the Bolivarian Republic of

Venezuela to take the steps necessary to remedy the situation of the three 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.

123.

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

the case, the appropriate remedy would be to release the three individuals immediately and

unconditionally and accord them an enforceable right to compensation and other reparations,

in accordance with international law.

124.

The Working Group urges the Government to ensure a full and independent

investigation of the circumstances surrounding the arbitrary deprivation of liberty of the three

individuals and to take appropriate measures against those responsible for the violation of

their rights.

125.

In accordance with paragraph 33 (a) of its methods of work, the Working Group refers

the present case to the Special Rapporteur on torture and other cruel, inhuman or degrading

treatment or punishment, the Special Rapporteur on the independence of judges and lawyers

and the Working Group on Enforced or Involuntary Disappearances.

126.

The Working Group requests the Government to disseminate the present opinion

through all available means and as widely as possible.

4.

Follow-up procedure

127.

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 the three individuals have been unconditionally released and, if so, on

what date;

26 Opinions No. 36/2025, No. 19/2025, No. 8/2025, No. 6/2025, No. 38/2024, No. 31/2024,

No. 27/2024, No. 54/2023, No. 73/2020, No. 18/2020, No. 81/2019, No. 80/2019, No. 75/2019,

No. 13/2019, No. 86/2018, No. 72/2018, No. 41/2018, No. 24/2018, No. 87/2017 and No. 84/2017.

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(b)

Whether compensation or other reparations have been made to the three

individuals;

(c)

Whether an investigation has been conducted into the violation of the rights of

the three individuals 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 Bolivarian Republic of Venezuela with its

international obligations in line with the present opinion;

(e)

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

128.

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.

129.

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

above-mentioned information within six months of the date of 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 of any failure to take action.

130.

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

to cooperate with the Working Group and has 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.27

[Adopted on 27 August 2025]

27 Human Rights Council resolution 51/8, paras. 6 and 9.