The National Council for Judicial Defense issued a statement on Thursday in which it condemned the violation of human rights and the abuses of constitutional guarantees of its members by Nicolas Maduro’s regime.
The following is the complete communiqué:
The National Council of Judicial Defense, an organ created by the National Assembly of the Republic with the competence to recommend strategies for the judicial defense of the Bolivarian Republic of Venezuela and its decentralized entities, acting in accordance with the provisions of Article 18 of the Special Law of Public Contracts Associated with Defense, Recovery, Assurance and Safeguard of the Assets, Property and Interests of the Venezuelan State Abroad, issued by the National Assembly on July 9th, 2020, promulgated by the Interim President on the same date and published in the Legislative Gazette No. 26 dated July 10th, 2020.
The legitimate nature of the appointment of the members of the National Council of Judicial Defense by the National Assembly within the framework of its constitutional powers to control and create instances of comptrollership, in order to exercise actions based on the Special Law of Public Contracting Associated with the Defense, Recovery, Securing and Safeguarding of the Assets, Property and Interests of the Venezuelan State, issued by the same National Assembly, the Original Power.
That after the installation of the National Council of Judicial Defense on October 12th, 2020, formed by the citizens Arghemar Perez Sanguinetti; Jonathan Lopez Montiel; Gabriel Gallo Garrido; Freddy Orlando; Romer Rubio and David Natera as Executive Secretary, all of them with a recognized moral and professional career, without previous criminal records and in compliance with the requirements of law, Nicolas Maduro’s regime entrusted the Control Judge Carol Padilla, and on behalf of the Public Ministry, Elin Teodoro León Aguilar, Prosecutor 74 with National Competence in matters of money laundering and financial crimes to execute search warrants, persecution and harassment of the aforementioned citizens and their family members as well as the seizure of goods through the Bolivarian Intelligence Service (SEBIN) under the direction of citizen Gustavo Enrique González López.
That the homes of the aforementioned members were searched, ransacked and seized. Direct family members were harassed and arbitrarily detained, without access to any judicial representation, and that in the following days the harassment against direct and related family members continues.
That clearly, these actions respond to an act of political retaliation against the members of the body constitutionally designated to exercise advisory and control functions, violating the human and constitutional rights of its members and family members to justify this actions that do not respond to a link with organized crime on the part of its members as the regime claims.
That the rule of law and justice in the country is non-existent and that in the face of any petition to the institutions that are now usurped, administrative silence prevails to the detriment of the victims, leaving them in a state of total defenselessness.
THIS NATIONAL COUNCIL FOR JUDICIAL DEFENSE
This Council condemns the flagrant violations of the human rights and constitutional guarantees of its members and executive secretary, represented by their personal integrity – psychic and moral -, honor and dignity, defense and due process, private property and civil, economic and political rights. This intimidation and abuses to which the members of this Council and its Executive Secretary have been subjected by the de facto government of Nicolás Maduro evidences the harassment to legally constituted institutions, and in evidence of the manipulation of the justice system and intelligence agencies of the Venezuelan State at the political service of the interests of a de facto regime, fully and formally recognized as violator of human rights, including crimes against humanity as confirmed by the recent UN report.
It holds the de facto regime of Nicolás Maduro responsible for the damages to the physical, psychological, moral and patrimonial integrity of the members of this National Council of Judicial Defense, its Executive Secretary and close relatives, friends and neighbors, some of whom have been subject to arbitrary detention without the possibility of assistance. As well as for the integrity of the unconstitutionally searched, confiscated and stolen movable and immovable property during arbitrary actions since October 12th, 2020.
It advocates, for the protection of the human rights and constitutional guarantees of its members, Executive Secretary, and family members, protected by the Bolivarian Republic of Venezuela and the precepts established in Articles 19 and following, in accordance with the American Convention on Human Rights, in the rights provided for in Article 5 and following with respect to the protection of the right to personal integrity, protection of honor and dignity, the right to private property and political rights, and other international treaties and agreements such as the ‘Pact of San José of Costa Rica’.
It alerts the international community, governments, parliaments, and institutions dedicated to the observance and defense of human rights to know and substantiate the files on the human rights violations that continue to occur in Venezuela until justice is achieved. Venezuela has an accusatory penal system, in which control courts were created to protect citizens from the encroachment of the Public Ministry, and despite the fact that in our legislation there is a presumption of innocence and respect for due process, in practice such principles are systematically violated as a result of the loss of institutions, probity of officials, and separation of public powers. Therefore, all the usurped organisms act together against the citizens and their relatives by political instructions without limit or control, leaving the citizens in a state of total defenselessness in flagrant violation of human rights, pacts, treaties, conventions and the laws of the Republic.
It urges the urgent pronouncement by the organizations responsible for the observance, surveillance and protection of human rights, as well as governments and parliaments of the world to pronounce themselves against the deeds that occur in an arbitrary, public and communicational manner against human rights, in order to activate the necessary mechanisms to prevent the continuity of the violation of such rights over the members of this Council, Executive Secretary, relatives and related persons, as well as the rest of the Venezuelans who are victims of the repressive system implemented by the regime.
It reaffirms its co-responsibility and maximum commitment with the Venezuelan people, with the National Assembly legitimately elected by the citizen power through the direct and secret universal vote in full exercise of the popular sovereignty, with the citizen President of the National Assembly and Interim Constitutional President of the Bolivarian Republic of Venezuela, with the countries and allied organizations throughout the world, to contribute to the reestablishment of the constitutional order in Venezuela as well as to the achievement of the rigorous restitution that our Nation deserves.
Thus, the primary challenge is to unite the talent and resources available to operate, with constitutional discipline, and to consummate as soon as possible, the reestablishment of the rule of law and justice and the constitutional order to give way to the re-institutionalization of the country, starting with free and transparent elections leading to the establishment of a democratic government of peace and justice, as demanded of all Venezuelans by our Magna Carta and the universal example of our liberator Simon Bolivar.
On the 15th day of the month of October of 2020.
MEMBERS OF THE NATIONAL COUNCIL OF JUDICIAL DEFENSE.
ABG. GABRIEL ALEJANDRO GALLO
ABG. FREDDY ORLANDO
ABG. ARGHEMAR PEREZ SANGUINETI
ABG. JONATHAN LOPEZ MONTIEL
ABG. ROMER BLOND FLOWERS
ABG. DAVID NATERA BILANCIERI