Venezuela Awareness Foundation www.venezuelaawareness.com Report on Human Rights for Political Causes Practice.

Venezuela 2011
Miami, February 22, 2012- Venezuela Awareness, as in previous years, express through this annual report, the deep concern about the increase in violations of human rights, reaching places that had been respected until now. The persecution of citizens that express themselves against the wishes of the government led by President Hugo Chvez, continues hardening in the midst of the present Venezuelas internal conflict. Harassment, intimidation, illegal arrests and prolonged deprivation of freedom more over than the limits established by the law, are one of the mechanisms used by the ruling party to neutralize dissent. All civil demonstrations that generate discomfort to the Government sector will criminalize and are taken to the political field, with the aim of distorting the essence of these actions carried out in rejection of the policies being pushed by the National Executive. Due to the radicalization of the so-called Bolivarian revolution, representatives of sectors of national life that impede the development of the expansive plan Chavez, are also subject to coercion. Therefore, entrepreneurs, bankers, owners of health centers, media owners, spokesmen of civil associations, doctors, teachers, lawyers, employees of the State institutions and even revolutionary militants who violated the "loyalty to the process" joined the list of persecuted and prisoners that in the first decade of the current Venezuelan Government was integrated, mainly by political activists, journalists, trade union leaders and military. According to the detailed study conducted by Venezuela Awareness Foundation (VAF) from January 1st, 2011, until December 31st of the same year, the country continues being outside the legal order to implement a regime of fear through the collection of everything that has a political color without any guarantees for the defendants. The degree of severity of punishment applied to the "enemies of the regime" is not regulated by the forms referred to in the existing laws and the Constitution, but the penalty is controlled by the will of the Nations President or members of his staff. At the closing of the year 2010, this organization had a list of 27 Venezuelan citizens deprived of their liberty for political reasons in the country. This figure presented a significant increase in the course of 2011, because in this period VAF had depth knowledge of 19 more, i.e., at the time of completing this report the record of prisoners amounted to 42. The new group of persons detained on grounds of retaliation, also faced irregular arrests and legal proceedings tainted, where their human rights and guarantees enshrined in the Constitution were violated. It is important to note that in this report were not listed approximately 30 more cases of citizens who, for fear of legal reprisals, requested not to be included in this publication that was built with material collected through an investigation that was based in an exhaustive review of the judicial dossiers of political prisoners, press reports, and interviews with specialists, lawyers and family of the affected persons. On the following pages there will be known the cases of: Cesar Camejo, a U.S. citizen arrested on the base of alleged banking crime committed under his functions at the banking entity Casa Propia; Leocenis Garca and Dinorah Girn, directors of the weekly magazine 6to Poder, detained for posting

articles that mentioned women who run Venezuelan State institutions; Carlos Zorrilla, arrested for denouncing real estate scams; Libian Farias, Elizabeth Leon, Luis Escobar Ugas and Ybis Berbin, detained human rights defenders for protesting; Banilde Rivas, Carmen Navas, Jonathan Ramirez and Milton Hernndez victims of the criminalization of the medical practice; and Ral Linares Amundaray, detained after being blamed for alleged homicide. On the other hand, six cases of political prisoners reflected in the report of the year 2010 VAF are brought forward because in that report it was denounced that these citizens were incarcerated under conditions that were endangering their physical and mental state, severely impacting their health. This prolonged violation of their right to health has led to unfortunate situations. The constant rejection of requests from lawyers and relatives calling for the transfer of political prisoners so that they could receive medical care prevented to provide them the appropriate treatment to those deprived of liberty, for which their sufferings were aggravated (some were diagnosed with cancer). For VAF it is extremely important to leave a testimony of the deterioration of the political rights in Venezuela, which have been systematically violated in the thirteen years of Hugo Chavezs Government and in 2011 they were coerced in a disproportionate manner. It is alarming to note that the germ of the polarization and radicalism continues seizing institutions, administration of Justice, law enforcement bodies and the social factor, because these elements are being orchestrated, under a climate of total intolerance that gets worse with the approaching of presidential elections, to try to break the will of those who reject the mandates of the State-Government. At the time that this report was written, the political prisoners with longer time of imprisonment are the members of the extinct metropolitan police in the case known as 11A, which refers to the events of April 11th, 2001. Prisoners since April 21st, 2003 and with near nine years in prison are, Luis Molina, Arube Prez Salazar, Marco Hurtado, Erasmo Bolvar and Hctor Rovan, who continue with deprivation of freedom despite having law benefits. Political prisoners that joined the list during the year 2011 1.-Case Cesar Camejo: persecution of entrepreneurs On January 23rd, 2011 Cesar Camejo was arrested in the Simn Bolvar International Airport (State Vargas, Venezuela) when this Venezuelan naturalized American citizen was ready to travel to Costa Rica. Camejo was detained without a warrant, and from that date on the individual is detained in the dungeons of the Bolivarian service of intelligence (Sebin) in Caracas. Camejo is accused of taking resources and accomplice to commit crimes that allegedly he executed during his performance as the directive of the Casa Propia banking entity. On January 24th, Cesar Camejo was presented before judge Leyvis Azuaje, known to accumulate political causes. The citizen was imposed a deprivation of freedom measure due to a complaint lodged by the Superintendent of banks, Edgar Hernndez Beherens, based on an operation of trust of Casa Propia that in his opinion, was not clear. The investigation of this fact was not completed by the date of the arrest of Camejo and, however, was accused for crimes that do not exist in the Venezuelan legal system and under repealed law parameters. This citizen is still awaiting trial. With the political imprisonment of Cesar Camejo the Venezuelan Government achieves its objective: the State control of another banking institution that joins the group of those that are already in its

hands. This progressive taking of the Venezuelan banking by the Government of Hugo Chvez, is part of the revolutionary project to control the entire financial system and private entrepreneurship. This is why 11 of the 28 Venezuelan banks already belong to the Government. This taking of the banking institutions is through discretionary controls, pressure and blackmail. 2.-Case Ral Linares Amundaray: peddling of influences of political character On May 11th, 2008 Superintendent Raul Linares was arrested, he who was part of the Scientific Penalty and Criminalist Research and Investigation Body (Cicpc). The arrest occurred after a voluntary surrender of Linares before the Cicpc homicide Division. After these events a process starts against this citizen who is accused of culpable homicide, as at the same date in which occurred the voluntary surrender of Linares, this subject shot an individual who, accompanied by three other men, broke past 7 pm into his house located in urbanization Miranda, in Caracas. Linares, who was at his home with his family, alleges that he triggered his firearm in self-defense. Unfortunately, the person who received the shot was a less than eleven years old, son of Rene Buroz Henrquez, who has strong connections with high-ranking officials and personalities in the Government of Hugo Chvez, who using his economic and political power reportedly was able to buy consciences and manipulate the judicial process against Linares, making it to be extended unduly and illegally. On May 13th, 2008, Ral Linares joined the Simn Rodrguez Sub-Delegation of the Cicpc. In June 2008 he was transferred to the Brigade of special actions of the Cicpc. In December 2008 he was interned in the Bolivarian intelligence (Sebin) service for an order of protection for the right to life. Later, breaking the order mentioned above, on August 31st, 2010 was held in the Judicial Seclusion Yare III. Linares is currently in the Baruta Municipal police, Caracas. Constant change of place of detention is due to the request of the deceased youth father, who knowingly that citizen Ral Linares spent more than 20 years as officer attached to the body of Scientific Investigation, judicial and Criminalist research, pretends for LINARES to be confined to a common judicial prison because this obviously represents a risk for his physical integrity and life. Case magazine 6to Poder: attacks against the freedom of expression 3.-Case Leocenis Garca Leocenis Garca was arrested on August 30th, 2011 after spending a few days in hiding. This Communicator decided to give himself up after a warrant against him was issued for publishing in the weekly 6to Poder, a cover which showed civil servants in a photographic montage as can-can dancers. Against Leocenis Garca criminal actions and not the civil ones were executed as it would have been the case. Authorities ordered an illegitimate detention, for the background was political. Moreover, is extremely serious that this journalist had been tried and convicted by the civil servants who claimed to have been affected by the photo collage that triggered these new legal proceedings against the directors of the weekly magazine 6to Poder. These civil servants had already publicly declared their repudiation against the journalist Leocenis Garca, the future that awaited him and cited the crimes with which he was imprisoned: "Incitement to hatred, vilification and offense against women". This shows the direct interference of the Executive power on the judiciary to prosecute and imprison in an abusive and arbitrary-shaped way.

The order had already been given and the court followed the usual "orders from above". In this case it was shown that the judiciary was bowed once again by the Executive Branch, by high officials of the Government of Hugo Chvez, for in this case, jailing a reporter and pressuring the media to selfcensorship. After a hunger strike, Leocenis Garca was released under regime of presentation on November 21st, 2011. 4.-Case journalist Dinorah Giron: Dinorah Girn, Director of the weekly magazine 6to Poder, was arrested at the headquarters of 6to Poder on Sunday August 21st, 2011 and taken to the headquarters of the Bolivarian service of intelligence (Sebin), where she was detained until August 23rd because she was granted a precautionary presentation measure for allegedly engaging in crimes of vilification of public officials, public incitement to hatred and public offense for gender reason. Carlos Zorrilla: Prisoner for denouncing the real estate scam Carlos Zorrilla was arrested on April 25th, 2011. The citizen is currently detained in the prison of Barinas for alleged Commission of simple scam, ongoing aggravated fraud and Association to commit a crime. Zorrilla was serving as teacher and member of the network of educators, trade union official of the Teachers National Union (SINAFUM). Also was President of the Civil Association Bethlehem San Juan since the year 2005 whose purpose was the construction of housing for educators in Barinas State. Carlos Zorilla presented himself in the Prosecutor's Office on April 25th, 2011 to know the status of complaints recorded with evidence that he had submitted for the real estate scams allegedly promoted from Ipasme (Institute of prevention and assistance of the Ministry of education) since the year 2007 and at that time, the Minister of education was Adam Chavez, brother of President Hugo Chvez. Complaints started because 124,000.000Bsf were approved by the bicentennial Bank through a credit to the El Caimito construction company for the execution of 517 houses for the teachers of the Bethlehem Civil Association San Juan. In 2011, Minister of education Adn Chvez becomes Governor of Barinas State and through his Government Secretary General, Carlos Arturo Hernndez, they intercept the operation of credit and block the bicentennial Bank to do not deliver the resources to El Caimito construction company, but to one that would be of Governor Chavezs and his Secretary of Government Hernndez complacency. In view of the irregularities which were taking the process of delivery of resources, the bicentennial Bank blocked the operation not providing resources for the construction of dwellings. Zorrilla was reviewing the record of complaint in the Prosecutor's Office, that April 25th, 2011 which consisted that members of the Civil Association Bethlehem San Juan (consisting of 517 educators and their families) were waiting the construction of their homes through a credit previously awarded and delivered through the Ipasme to another Builder and they were charging educators three times the price of houses in construction that have not yet received, the state of abandonment in which were the housing works for educators in Barinas, the charging of interest on interests of the quotas for the credit who received the pro-housing associations. The resource went from Ipasme towards the construction company which was of the Minister of the day liking. The Civil Association was only watching for the houses that were supposed to be built and had not received the money for its construction.

It is then during the reading of their complaints when Carlos Zorilla is made to know that he has a complaint against him and that to wait at that location (in the Prosecutor's Office) because they were going to do the apprehension order, being illegally detained against the immunity which being director of culture of the National Union invested him with and elected by teachers dependent on the Ministry of education at the Regional level. Zorrilla was arrested for denouncing what he was being accused of. Once Zorilla blew the whistle, 84 associations of educators in all Venezuela made the same complaint about real estate fraud suffered by 12 thousand educators. Prisoners for protesting and denounce: Defenders of human rights case: Luis Rafael Escobar Ugas, Liban Farias, Elizabeth Salazar, Lisbeth Len and Ybis Yolima Berbn of Farias, members of the Foundation for the guarantees, prevention and defense of the violation of human rights (Fungapdehca) Luis Ugas, Liban Farias, Elizabeth Salazar, Lisbeth Leon and Ybis Yolima Berbn performed a peaceful vigil on November 21st,2011 in the vicinity of the Public prosecutor's Office to reject the alleged irregularities by officials of the Prosecutor's Office, which give sustenance to impunity in cases of violations of human rights in the region and the next day, November 22nd, a group of clash of the ruling party of about 40 people, were presented in the place and aggressively, strongly coerced to this group of human rights defenders and tried to kill the President of the Organization Fungapdehca, Luis Ugas, as it is known, with a machete. A member of the aggressor group, attempted to assault Luis Ugas with a machete, something which was prevented by Livn Faras by removing it, which is why he was savagely assaulted by the rest of the shock group who were causing damage in the tent where the members of Fungapdehca were demonstrating. All of this occurred under the complacent gaze of the prosecutors of the Public Ministry. Members of Fungapdehca, Ugas, Farias, Salazar, Leon and Berbn were supposedly rescued by a patrol of the Scientific police (CICPC) to protect them and were taken to their headquarters and deprived of their liberty. On the 24th, the women were sentenced to reporting regime and the men were detained since then by flagrancy, intentional simple homicide on degree of frustration, inciting public hatred and unlawful assembly. Luis Ugas and Lvan Jose Farias were detained in the criminal Prison l "Jos Antonio Anzotegui", known as the 2nd zone, in Puerto La Cruz, Anzoategui State. On February 2nd, 2012, during the preliminary hearing, Ugas and Farias obtained their freedom under a measure of submission every 30 days and the crime was dropped to "Slight serious injuries" Luis Ugas is a leftist, stated to be a follower of President Hugo Chvez and in 1995 asked asylum in Costa Rica after having been tortured to give information about the MBR200, a chavism organization. Once President Chavez arrives to power, Ugas returns to the country and begins his work in favor of human rights, which increased when he saw the level of police impunity, violations of due process, corruption in the judiciary, the public prosecutor's Office, torture, sowings of evidence by the police, the lack of homes, illegal invasions, which led to have enemies in the Regional Government sending him to political prison. For his work in human rights, he received the award of defender of the human rights of the Venezuelan

human rights organizations coalition known as "Forum for life" in 2009. Criminalization of medical practice: Case of the doctors of the Las Delicias Clinic, Maracay, Aragua State Accused 11,12,13,14 and 15: Doctors Banilde Rivas and Carmen Navas, director and Vice-Medical Director of the clinic; general manager Vilma Barrera , and to the Sub-Administrative Manager, Jhonatan Ramrez, and the Surgeon Milton Gregorio Hernndez Crime: The alleged Commission of the crime of intentional homicide by way of eventual malice as envisaged in article 405 of the Penal Code, for allegedly not providing care to Hugo Bolvar (70), father of Francis Bolivar, Member of the Legislative Council of that jurisdiction PSUV, who is also President of the Commission of health Date of detention: The night of June 14th, 2011 they were taken from the clinic under no charges, telling them that they had to submit to police headquarters and in the morning they were notified that they would remain detained. Place of detention: Centre of detention Cuartelito, sector San Carlos Precautionary measures release date: June 23rd, 2011. Freedom granted by measures of reporting every 45 days for all but for the surgeon, Milton Gregorio Hernndez given house for prison. This was achieved by protests and pressure from the united medical Guild (Venezuelan medical Federation, College of doctors of Aragua, support of UC and Unerg schools, lawyers and civil society) This case seems to indicate that it is intended to use the death of the father of a member of the PSUV, as political argument to deepen the persecution to the Venezuelan physician who works under constant harassment and abuse both in the public and private sector and advance the process of expropriation of private Venezuelan clinics. It is very serious to try to criminalize the exercise of medicine with criminal trials. Hugo Bolvar was seen 48 hours before in 3 public hospitals. (A Military hospital from where he was taken against medical advice and to an ambulatory dependent on the arageo regional government and later, as they could not treat him there once he was serious, was referred dying to the clinic, where he was admitted, treated immediately to try to compensate him and died in the intensive care unit.) The network of scientific medical Venezuelan societies (RSCMV), in its epidemiological warning No. 191, in the case of the detained doctors, thereon writes: "Now it was the turn of health professionals brought to criminal trial for actions or decisions that are part of medical practice." "How is it possible to assess the doctors of being responsible for an intentional criminal act against a patient in critical condition which led him to death ?" The RSCMV specifies that "the status of vital risk was in extremis according to the information collected by the acting physicians, and that received a weighted and continuous attention, adjusted to the few chances and life expectancy of the patient, actions that could not go beyond, because of the magnitude of the risk to a medical or surgical specific act that might lead him to imminent death". Wondered: How does the Prosecutor's Office in this case invoke malice? A concept understood in law

as the deliberate will to commit an offence knowing its wrongfulness. In legal acts, malice involves the willingness to mislead someone or the breaching of an obligation maliciously. In criminal law, malice means the intention of committing the "typical action" prohibited by law. "The prosecution must prove that the 5 accused colleagues had the deliberate will to damage the patient, to commit murder." "This is unthinkable and constitutes a legal absurdity". Continuous the writing of the RSCMV: "No one could say that a doctor fraudulently performs an act of injury or murder, when the patient suffers some damage, because he does not seek as a target to injure the bodily integrity of the patient". "Therefore, the criminal responsibility of the doctor falls within the so-called crimes of negligence, those in which the damage occurs, due to failure to comply with the due diligence or care required"