REPORT FOR THE 2nd CYCLE OF THE UNIVERSAL PERIODIC REVIEW OF VENEZUELA, IN THE 26th SESSION OF THE UNITED NATIONS HUMAN RIGHTS COUNCIL Summary of the Report on the situation of independent exercise of the work of lawyers within the framework of due process

Report made by the: Comisión de Derechos Humanos y Ciudadanía (Commission of Human Rights and Citizenship) Non-governmental organization headquartered in Bolívar state, founded on October 15th 2015, whose stated main goal is the education, promotion and defense of human rights Puerto Ordaz, May 28th 2016

Mairis Balza, [email protected]

Address: Centro Comercial Caura, Piso 1, Oficina 12, AltaVista, Puerto Ordaz, Edo. Bolívar, Venezuela Phone: +58 426 6946950 Twitter: @codehciu

1

SUMMARY: 1.- This report is presented by the Comisión de Derechos Humanos y Ciudadanía (Commission of Human Rights and Citizenship or CODEHCIU), made between October 2015 and February 2016, with the intention of demonstrate the deterioration of due process because of obstacles to the independent work of trial lawyers in different legal institutions against these Law professionals due to their activities, when they demand the compliance with norms contained in both the Constitution and laws. This generates an atmosphere of hostility against them, which hinders the legitimate exercise of their work. 2.- In this respect, it is evident how the interference by officials of different institutions of the Judiciary in their free exercise and work as defenders, is actually a violation of the right to a proper defense of their defendants, an obligation of private lawyers, in addition to involve bullying, criminalization, threat, intimidation, stigmatization and infringement towards lawyers, directly and negatively affecting due process and the independence of lawyers in their work. Unlawful practices that have been eroding the whole judicial system. Situations described by trail lawyers and documented in this report show a contradiction with what was affirmed by the Attorney General, Luisa Ortega Díaz, during the presentation of her report to the United Nations on October 7th 2011, in which she pointed out that “in Venezuela the access to justice implies the possibility to take action before the bodies in charge of its management and, the right of every person to address petitions to any authority on matters of their competence and to obtain timely and appropriate response”. 3.-Likewise, a contrast can be seen regarding the commitment acknowledged by our country in the First Review Cycle before the Human Rights Committee on the International Covenant on Civil and Political Rights, that among other things outlines: “The Supreme Court of Justice has reiterated in multiple decisions the need to respect due process in every judicial or administrative proceeding or a proceeding of any other kind, meaning, the right to a timely and suitable defense and to an effective remedy, understood as the right to access to a decision-making body to promptly obtain a response based on the Law”. 4.- The research on the right to defense started in October 2015, once the instrument was designed. Worth to mention that in Ciudad Guayana (San Félix – Puerto Ordaz) there is no institution able to provide proper information about the number of trial lawyers in the area. The local Bar Association is intervened since June 2014. Due to the lack of data about those members working exclusively in the sphere of Criminal Law, a decision was then taken to gather information over a representative sample, taking as reference the estimate told by the trial lawyers themselves, that is about 120 trial lawyers. Thus, the poll was applied to 50 of them, representing 46,6% of the population. 5.- From the information that was gathered, the following was established: a.- 70% of trial lawyers in Ciudad Guayana have been affected in their work as defenders in the last 5 months because of acts or omissions of officials working for legal institutions.

2

b.- Among the main causes of the latter, 3 are highlighted: Lack of access to detention centers (50% of the cases); denial of information on the circumstances of detention of a client (42%); obstacles to the communication with detained clients (38%). c.- The institutions more referred to because of limitations in the access to information about a detained client are: Bureau of Scientific, Criminal and Criminalistic Investigations (CICPC, in Spanish): 38%; Regional Police of Bolívar state (PEB, in Spanish): 26%. 6.- Reasons to limit the acts of lawyers in the exercise of the right to defense of the defendants may vary, but the respondents pointed out the abuse of power as the most frequent: 22%. Another important fact is the amount of complaints presented before the Office of the Attorney General and other institutions because of violations of constitutional rights of the defendants, only 32%, of which barely 6% received an appropriate response. 7.- The Venezuelan State has not adopted measures to guarantee the fulfillment of what is stated in article 49 of the Constitution, which says that: “All judicial and administrative actions shall be subject to due process, therefore: (1) Legal assistance and defense are inviolable rights at all stages and levels during the investigation and proceeding (…)”. Neither for the fulfillment of one of the recommendations made to Venezuela during the First Cycle of the Universal Periodic Review: “To guarantee due process; and to design and to apply policies and programs of access to justice, paying particular attention to those deprived of their freedom, with the assistance of the United Nations”. 8.- Based on the above and using as a reference the existent legal framework, we recommend: a.-Since one of the principles of the work of Police officers is the respect of human rights, we recommend the development of training programs in that area, to make their acts match that principle, including actions of monitoring and oversight. b.- To investigate complaints presented by lawyers and citizens in general, on the acts of officials that breach the right to defense. c.- To adopt measures to facilitate the presentation of complaints on law enforcement abuses, without putting the complainant in state of vulnerability or danger.

3