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1. A generation of Venezuelan children know only struggles.

AP news, Regina Garcia Cano, March


2023, available at https://apnews.com/article/venezuela-maduro-children-inflation-
malnutrition-education-08f3ad72be8f2c11915333f4ca8acc6e

“Many children have grown up being forced to eat nutrient-deficient food or skip meals, wave
goodbye to migrating parents and sit in crumbling classrooms for classes that barely prepare them to
add and subtract. The consequences could be long-lasting.

About three-quarters of Venezuelans live on less than $1.90 a day — the international benchmark of
extreme poverty. The minimum wage paid in bolivars is the equivalent of $5 per month, down from $30
in April.

Neither of those wages is enough to feed one person, let alone a family. An independent group of
economists that tracks price increases and other metrics estimated that a basic basket of goods for a
family of four cost $372 in December.”

“Dr. Huniades Urbina, a pediatrician and board member of Venezuela’s National Academy of Medicine,
said some children underperform academically because they arrive at school weak and hungry after
going as much as 12 hours or more without eating. He added that children born during the crisis have
had their growth stunted by about 5 to 6 centimeters (2 to 2.4 inches) on average due to poor nutrition.

“We are no longer going to have that 1.80-meter or 1.90-meter-tall (5-foot-9-inch or 6-foot-2-inch) Miss
Venezuela,” Urbina said, referring to the country’s famed enthusiasm for beauty pageants. “In the end,
we can have a thin and short generation, but the problem is that this brain ... in the long run will not
have the development of a child who consumed adequate protein and calories.”

“The number of children born into the crisis is unknown since the government stopped publishing birth
figures after 2012, a year that saw about 620,000 newborns.

The crisis has driven more than 7 million Venezuelans to leave their home country.”

2. Venezuela crisis in brief, BBC News, Vanessa Buschshluter, January 2023, available at
https://www.bbc.com/news/world-latin-america-48121148

“Venezuela is engulfed in a political and economic crisis which has led to more than seven million people
leaving the country since 2015.”

Millions of Venezuelans left the country to escape economic hardship and political repression. But
despite growing discontent, Mr Maduro was re-elected in 2018 in a presidential election widely
dismissed as neither free nor fair.

With the executive and the judiciary under the control of the PSUV, Venezuela's divided opposition in
January 2019 united behind the only major institution where they were still influential: the National
Assembly and its speaker, Juan Guaidó.

Arguing that Mr Maduro's re-election was not valid and the presidency was therefore vacant, Mr
Guaidó, with the backing of the National Assembly, declared himself "interim president".
He predicted he would be governing from the presidential palace "within months".

And while more than 50 countries, including the US and the UK, recognised Mr Guaidó as Venezuela's
legitimate leader, Venezuela's military stayed loyal to Mr Maduro.

Mr Maduro, with the continued support of China and Russia, remained firmly in charge of the country.

3. U.S. Humanitarian and Development Assistance for Venezuela Regional Crisis, U.S. Department
of State, March 2023, available at https://www.state.gov/u-s-humanitarian-and-development-
assistance-for-venezuela-regional-crisis/

“The United States is the largest single donor for the humanitarian response to the Venezuela regional
crisis, providing assistance that supports refugees, asylum seekers, and other vulnerable populations of
concern. More than 7.7 million people inside Venezuela need immediate humanitarian assistance and
more than 6 million Venezuelans have been displaced in 17 countries across the region since 2015.”

4. Venezuela Events of 2021, Human Rights Watch, 2021, available at https://www.hrw.org/world-


report/2022/country-chapters/venezuela

“The Nicolás Maduro government and its security forces are responsible for extrajudicial executions and
short-term forced disappearances and have jailed opponents, prosecuted civilians in military courts,
tortured detainees, and cracked down on protesters. They used a state of emergency implemented in
response to Covid-19 as a pretext to intensify their control over the population. The lack of judicial
independence contributed to impunity for these crimes. Judicial authorities have participated or been
complicit in the abuses.

A United Nations Fact-Finding Mission (FFM) identified patterns of violations and crimes that were part
of a widespread and systematic course of conduct that it concluded amounted to crimes against
humanity. In November 2021, International Criminal Court (ICC) prosecutor Karim Khan announced his
decision to open an investigation into possible crimes against humanity committed in Venezuela.”

“The government has jailed political opponents and disqualified them from running for office. As of
October 25, there were 254 political prisoners, the Penal Forum, a network of pro-bono defense
lawyers, reported. While some detainees were released or transferred from intelligence installations to
common prisons, a revolving door persists, with new critics being subject to arbitrary prosecutions.

Security agents arbitrarily detained Freddy Guevara, of the Popular Will party, on July 12. Officials
accused him of working with gangs that had engaged in a deadly standoff with police in Caracas, and
charged him with terrorism, attacking the constitutional order, conspiracy to commit a crime, and
treason. He was held incommunicado at the Bolivarian National Intelligence Service (SEBIN)
headquarters until August 15 and released following the first round of negotiations in Mexico on the
condition that he appear in court every 30 days.

Intelligence and security forces have tortured various detainees and their family members. In 2020, the
UN Office of the High Commissioner for Human Rights (OHCHR) reported cases of alleged torture and ill-
treatment including severe beatings with boards, suffocation with plastic bags and chemicals,
submersion in water, electric shocks to eyelids and genitals, exposure to cold temperatures, and
handcuffing for extended periods.”

“Between 2016 and 2019, police and other security forces killed more than 19,000 people, alleging
“resistance to authority.” In June 2021, OHCHR reported that killings by security forces had slightly
declined but continued. Many of these were consistent with previous patterns of extrajudicial
executions, OHCHR said.

Agents of FAES, a special police force, and others have killed and tortured with impunity in low-income
communities, instilling fear and maintaining social control. Previously, military and police raids in low-
income communities, called “Operations to Liberate the People” by authorities, resulted in widespread
allegations of extrajudicial killings, arbitrary detentions, mistreatment of detainees, and forced
evictions.”

“The judiciary stopped functioning as an independent branch of government when former President
Hugo Chávez and supporters in the National Assembly took over the Supreme Court in 2004. Supreme
Court justices have openly rejected the separation of powers and consistently upheld abusive policies
and practices.

There has been no meaningful justice in Venezuela for the victims of extrajudicial killings, arbitrary
arrests, and torture committed by security forces with the knowledge or acquiescence of Venezuelan
high-level authorities. Judicial authorities have been complicit in the abuses, the UN Fact-Finding
Mission reported in September 2021, including by issuing retrospective arrest warrants for illegal
arrests, routinely ordering pre-trial detention, upholding detentions based on flimsy evidence, and
failing to protect victims of torture. Judges allowed significant procedural delays and interfered with the
right to choose one’s own lawyer.

The Attorney General’s Office reported that between August 2017 and May 2021, 716 officials were
charged with crimes connected with human rights violations, 1,064 were indicted, 540 arrested and 153
convicted. The Fact-Finding Mission noted some discrepancies in the numbers provided by Venezuelan
authorities and found that there was no evidence that authorities were carrying out investigations into
responsibility for violations further up the chains of command.

In June, Maduro announced a legal reform of the judicial system, creating a special commission headed
by his wife and National Assembly deputy Diosdado Cabello. The focus of the reform so far has been on
reducing overcrowding in pretrial detention centers, which held 38,736 people in June 2021, up from
22,759 in May 2016.”

“In 2010, the Supreme Court ruled that individuals or organizations receiving foreign funding
can be prosecuted for treason, and the National Assembly prohibited international assistance to
organizations that “defend political rights” or “monitor the performance of public bodies.”

Starting in November 2020, Venezuelan authorities and security forces have conducted a systematic
campaign against human rights and humanitarian groups, freezing bank accounts, issuing arrest
warrants, and raiding offices, as well as detaining members for questioning. They have adopted new
measures to restrict international funding and require NGOs to provide sensitive information regarding
their activities and contributions.
In July, police detained three members of FundaRedes after they reported harassment by intelligence
services and unidentified armed men to the prosecutor’s office in Falcon state. The group had recently
accused Venezuelan authorities of links to armed groups in Apure state. The activists were charged with
treason, terrorism, and incitement to hatred, based on publications on social media and the
organization’s website. Two of them were released on October 26 on the condition that they appear in
court every eight days; the organization’s director was still being held incommunicado at the SEBIN
headquarters at time of writing.”

“The administration of US President Joe Biden has publicly criticized human rights abuses by the
Maduro government and expressed willingness to lift sanctions in exchange for concrete progress during
the Mexico negotiations.

In addition to adopting targeted sanctions, the European Union has consistently condemned abuses by
the Venezuelan government, including at the UN Human Rights Council, and plays a leading role in the
International Contact Group, which seeks a political solution to the Venezuelan crisis and works to lay
the groundwork for credible elections. Norway facilitated the Mexico talks, in which the Netherlands
and Russia participated as guarantors.

An estimated 7 million people needed humanitarian assistance in 2020, the UN Humanitarian Response
Plan for Venezuela noted. The plan, updated in 2021, calls for $708.1 million to assist 4.5 million of the
most vulnerable Venezuelans. As of October 28, more than $210 million had been disbursed, and from
January through July, 2.5 million people had received assistance. International organizations continued
to face limitations importing humanitarian supplies, obtaining visas for personnel, acquiring movement
permits, and accessing gasoline. This often led to delay or suspension of activities.

As a member of the UN Human Rights Council, Venezuela votes regularly to prevent scrutiny of human
rights violations, including in Syria, Yemen, Belarus, Burundi, Eritrea, and Iran.

The Inter-American Commission on Human Rights continues to monitor Venezuela, applying the
American Declaration of the Rights and Duties of Man, after Venezuela withdrew from the American
Convention on Human Rights in 2013.”

5. Venezuela: Political Crisis and U.S. Policy, Congressional Research Service, August 2023,
available at https://sgp.fas.org/crs/row/IF10230.pdf

“By most accounts, Maduro’s government has mismanaged the economy and engaged in massive
corruption, exacerbating the effects of a decline in oil production. Between 2014 and 2021, Venezuela’s
economy contracted by 80%, according to estimates by the International Monetary Fund. According to a
February 2021 Government Accountability Office report, sanctions imposed by the United States in
response to Maduro’s authoritarian actions, particularly sanctions targeting Venezuela’s oil industry,
contributed to the economic crisis. Since 2021, hyperinflation has somewhat abated and poverty has
declined. According to the National Survey of Living Conditions, conducted by a Venezuelan university,
roughly 50% of the population lived in poverty in 2022 (down from 65% in 2021). Income inequality has
increased significantly, however, particularly after the government eased restrictions on access to
dollars. Since that time, the income gap between those with and without access to dollars has widened
sharply.
In 2023, an estimated 7 million Venezuelans require humanitarian assistance, according to the United
Nations. Food insecurity remains a challenge, mainly due to the excessive dollar-denominated price of
food. Many households lack reliable access to potable water, and interruptions in electrical service and
gas supplies are common. With a collapsed health system, overall health indicators, particularly infant
and maternal mortality rates, remain poor. Previously eradicated diseases such as diphtheria and
measles also have become a major concern. As of June 2023, U.N. agencies estimated that more than
7.3 million Venezuelans had left the country (with 26.9 million remaining). Some 6.1 million of these
migrants fled to other Latin American and Caribbean countries, and a record 187,700 arrived at the U.S.
border in FY2022. Migrants have faced obstacles keeping jobs and accessing health care; they are
vulnerable to human trafficking and other abuses. In 2021, Colombia and Peru began granting
temporary protected status to Venezuelans.”

“In March 2020, the Department of Justice indicted Maduro and 14 top officials for narco-terrorism,
drug trafficking, and other crimes. U.S. agencies have worked with partner countries to combat drug
trafficking, money laundering, and illicit mining in Venezuela. In December 2021, the Department of the
Treasury designated two Revolutionary Armed Forces of Colombia (FARC) dissident groups that operate
in Venezuela as foreign terrorist organizations.

U.S. Assistance. The United States has been providing assistance toward a coordinated regional
response to the Venezuelan migration crisis. From FY2017 to FY2023, the United States has provided
some $2.5 billion in humanitarian aid to Venezuela and countries sheltering Venezuelans. U.S.
democracy, development, and health support for the Venezuela crisis has totaled $387 million.

Migration. In July 2022, the Administration announced an 18-month extension of the temporary
protected status for Venezuelans announced in March 2021. From January to June 2023, the
Department of Homeland Security approved 58,000 Venezuelans for humanitarian parole into the
United States under a new Biden Administration program. Since May 11, 2023, Venezuelans who have
not taken advantage of the parole program have been returned to Mexico.”

6. Report on violent deaths of children and adolescents – Venezuela 2019, Observatorio


Venezolano De Violencia, December 2020, available at
https://observatoriodeviolencia.org.ve/news/report-on-violent-deaths-of-children-and-
adolescents-venezuela-2019/

“The data published here, correspond to the period of January to December of 2019 and it refers to the
mortality from the 4 categories we used at the OVV: Homicide, death by “Resistance to Authority”,
suicide and the so called “Deaths under Investigation”.

Examining this data in detail, we can observe the following:

There are 1120 children and adolescents deaths by violent causes, of which 559 (49.9%) are deaths of
children under 12 years old and 561 (50%) cases correspond to deaths of adolescents.

This proportion in age groups is different when data is analyzed by types of death, in that way that is
possible to observe that:

In the case of homicides, the 76% are deaths of adolescents.


The deaths that the police bodies name “death by resistance to authority”, a 98% is represented by the
group of adolescents.”

“As a very relevant fact, it is reported that 68 children and adolescents died in situations that are
registered as “Resistance to Authority”.

This “Resistance to Authority” is a category used by police forces in Venezuela to publish figures
referring to people killed in situations of “confrontations with authority.” According to the legal name,
these deaths correspond to events in which there was a confrontation, in which it is assumed that there
was a threat to the lives of the people, the physical integrity of those present was at risk. In this type of
event, the Law obliges the authorities to be notified so that a judicial investigation can be launched,
aimed at clarifying the case and determining if there are criminal responsibilities.

Now, what the national data shows, for the entire population, and specifically, for the population of
children and adolescents, is that these events, which should be exceptional, appear frequently and in
very high numbers, which force a detailed analysis. The deaths of children and adolescents due to
“Resistance to Authority” in 2019 reached 68 deaths, as shown in the following data”

“Regarding these data, the first question has to do with the suitability of police action. Because these
are actions in which police officers use firearms and the result is lethal, against a girl and 67 others with
adolescents. It is an unequivocally questionable performance; as a minimum, it warns of the possibility
of non-compliance with legal regulations regarding the progressive, differentiated and proportional use
of physical force to contain the violence or confrontation of the subject who intends to be apprehended.

Comparing this information with the frequent reports of victims and human rights organizations, it has
been affirmed that in these situations no confrontation has occurred: it is objected that officials and
police bodies go directly to the homes, requesting certain people whom they execute in their own
homes, being unarmed and subject to police control. If these statements can be verified, these events
do not qualify as “resistance to authority” but rather constitute extrajudicial executions, illegal use of
the police force. In each of these situations, the Public Ministry should have initiated an investigation
that clearly documented the facts, and Venezuelan society should know the results of those
investigations, making it clear what the situation was and whether the events qualify or not such as
abuse of power, police excess or violation of human rights.

Particularly questionable is the data on the death of children by Resistance to Authority, are they wrong
records? Or are they being so registered because death by the police authority is considered to have this
name, regardless of whether or not there was a confrontation? How will the case in which a 6- year-old
girl was killed in Delta Amacuro by the shooting of a National Guard commission against the indigenous
people who came in a boat have been recorded? (May 6, 2019); Can the case of the 10-year-old boy
killed by CICPC officers who were persecuting criminals be classified as Resistance to Authority? (April
28, 2019, Portuguesa state). This analysis is important to do because events like these can only be
classified as homicides; perhaps there was no intention to kill them, but this was the case and therefore
they should not be classified as “resistance” and their authors should be judged by the judicial authority,
which has the legal authority to determine the degrees of responsibility that correspond to the actions
of these officials.”
“The deaths under investigation add up to a total of at least 539 victims who are children and
adolescents. It is highly probable that their number is greater, because the age report is only available
for 89% of the deaths under investigation. This figure of 539 victims represents 13.5% of the national
total of deaths under investigation, a category that totaled for the year 2019 the figure of 3,975 among
those with reported ages.

It is important to note that the category “deaths under investigation” refers to those cases in which the
justice administration knows the case, but does not have a conclusion about the fact and therefore
there are doubts about whether it is a homicide, a suicide or an accident. In these cases, the Public
Ministry has the legal competence to carry out the corresponding investigation to clarify the facts, thus
guaranteeing that there is justice and that the case does not go unpunished. In our studies, we exclude
from violent deaths the cases that are presumed and classified as accidents, and we only include those
in which there are well-founded suspicions of the occurrence of a hidden violent death after the
classification of “accident”.

“The State has not guaranteed the immediate and comprehensive protection that victims require, has
not undertaken the policies, programs, and investments to ensure the functioning of the organs,
services, and programs that must constitute the National Protection System provided by the
Constitution and the National Law for the Protection of Children and Adolescents (LOPNNA). In
accordance with this legislation, the State is the holder of obligations, and is omitting its protection
duties. Many of the deaths of boys and girls that are counted here could have been avoided, particularly
those that occur in the face of public service failures, due to the contrary action of police officers, which
were not avoided due to the absence of programs and psychosocial support services for adolescents
who require protection. Given the magnitude of the irreparable losses that have been known, the
priority is to prevent new deaths from occurring. Effectiveness measures must be ordered, making
investments and putting into operation preventive programs, counseling services and family support,
making mechanisms and actions accessible for humanitarian and protective assistance to a population
that is vulnerable, already at risk and that does not count with the most basic guarantees for its survival,
development and protection.”

7. Venezuela, Hub of Regional Organized Crime, Dialogo Americas, August 2022, available at
https://dialogo-americas.com/articles/venezuela-hub-of-regional-organized-crime/

“Narcotrafficking operations, gold and gasoline smuggling, and corruption in Venezuela’s ports and
customs have increased in recent years as the South American country became a hub of organized crime
in the region. These were some of the findings of a study by the Venezuelan branch of nongovernmental
organization Transparency International, which states that these activities bring in more than $9.4 billion
annually to criminal organizations who have the support of corrupt officials.

“They structured a well-planned criminal organization in Venezuela led by the highest level” of heads of
the regime, Jorge Serrano, advisor to the Intelligence Commission of the Peruvian Congress, told Diálogo
on July 13. “Clearly it’s a civil-military dictatorship running a regime openly focused on managing
international organized crime.”

“One of the study’s main findings is the identification of 13 criminal organizations operating in 13
Venezuelan states, with the backing of corrupt officials and the military. Venezuela has become one of
the epicenters of organized crime in the region, and criminal groups mainly use violence to raise funds
by controlling illicit economies.

The National Liberation Army, dissidents of the Revolutionary Armed Forces of Colombia, Tren de
Guayana, Tren de Aragua, the Negro Fabio gang, the Juancho gang, the Yeico Masare Armed Group, the
Peace Squads (Cuadrillas de Paz), and the Toto and Zacarias gang are among these criminal groups.

Although these organizations move the majority of cocaine, it is state officials who shape and control
operations, InSight Crime, an organization that studies organized crime in Latin America and the
Caribbean, indicated. Narcotrafficking cells in the military and police, collectively referred to as the
Cartel of the Suns, move drugs throughout the country, the organization said.

The U.S. Department of Justice estimates that between 200 and 250 metric tons of cocaine leave
Venezuela each year, representing between 10 and 15 percent of the estimated global production,
InSight Crime said.”

8. Venezuela Events of 2022, Human Rights Watch World Report 2023, 2023, available at
https://www.hrw.org/world-report/2023/country-chapters/venezuela

“In November 2021, the International Criminal Court (ICC) prosecutor Karim Khan opened an
investigation into possible crimes against humanity in Venezuela. In 2020, the United Nations Fact-
Finding Mission (FFM) had found sufficient grounds to believe crimes against humanity have been
committed as part of a state policy to repress opponents.

The UN Office of the High Commissioner for Human Rights (OHCHR), which has a presence in Venezuela,
lost access in 2022 to detention centers where political prisoners are held.

Judicial authorities have participated or been complicit in the abuses, serving as a mechanism of
repression.”

“The government has jailed political opponents and disqualified them from running for office. As of
October, the Penal Forum, a network of pro-bono defense lawyers, reported 245 political prisoners.

At least 114 political prisoners have spent more than three years in pretrial detention, despite time
limits included in a recent Criminal Code reform. Approximately 875 of the 15,770 civilians arbitrarily
arrested from 2014 through June 2022 have been prosecuted in military courts, the Penal Forum
reported.”

“OHCHR continued receiving complaints of torture, ill-treatment, and incommunicado detentions in


2022.

Security forces and colectivos—pro-government armed groups—have repeatedly attacked


demonstrations since 2014, including with violent raids, brutal beatings and point-blank range
shootings.

According to official sources consulted by OHCHR, the Attorney General’s Office recorded 235
complaints of human rights violations involving deprivation of liberty, from May 2021 through April
2022, including 20 in terrorism-related charges.”
“Agents of the Special Action Forces (FAES) and other police and military units have killed and tortured
with impunity in low-income communities, including during security raids called “Operations To Liberate
the People.”

Between 2016 and 2019, security forces alleged “resistance to authority” in more than 19,000 killings.
Evidence showed many were extrajudicial killings. OHCHR documented continuing patterns of such
killings in marginalized neighborhoods but reported a significant reduction in number in 2022.”

“The judiciary stopped functioning as an independent branch of government in 2004.

There has been no meaningful justice for crimes committed with knowledge or acquiescence of high-
level authorities.

Judicial authorities have been complicit in abuses, the FFM reported in 2021, including by issuing
retrospective warrants for illegal arrests, ordering pre-trial detention routinely, upholding detentions
based on flimsy evidence, and failing to protect victims of torture.

Venezuela’s National Assembly, controlled by supporters of Nicolás Maduro, revised the Organic Law of
the Supreme Court of Justice in January, requiring an entirely new Supreme Court, which plays a critical
role in appointing and removing lower court judges, of 20 justices—down from 32. The selection
process, was not independent. Although Venezuela’s constitution allows only one 12-year term, justices
who had failed to act as a check on executive power were reappointed for longer.”

9. Venezuela 2022 Human Rights Report, United States Department of State, 2023, available at
https://www.state.gov/wp-content/uploads/2023/02/415610_VENEZUELA-2022-HUMAN-
RIGHTS-REPORT.pdf

“Significant human rights issues included credible reports of: unlawful or arbitrary killings, including
extrajudicial killings by regime forces; forced disappearances by the regime; torture or cruel, inhuman,
or degrading treatment or punishment by security forces; harsh and life-threatening prison conditions;
arbitrary arrest or detention by security forces; political prisoners or detainees; serious problems with
the independence of the judiciary; unlawful interference with privacy; unlawful recruitment or use of
child soldiers; serious restrictions on free expression and media, including violence or threats of
violence, unjustified arrests or prosecutions of journalists, censorship, and enforcement of or threat to
enforce criminal libel laws to limit expression; serious restrictions on internet freedom; substantial
interference with the freedom of peaceful assembly and freedom of association, including overly
restrictive laws on the organization, funding, or operation of nongovernmental organizations and civil
society organizations; inability of citizens to change their government peacefully through free and fair
elections; serious and unreasonable restrictions on political participation; serious government
corruption; serious restrictions on or harassment of domestic and international human rights
organizations; lack of investigation of and accountability for gender-based violence, including domestic
or intimate partner violence, sexual violence, workplace violence, femicide, and other forms of such
violence; substantial barriers to accessing sexual and reproductive health services; crimes involving
violence or threats of violence targeting indigenous peoples such as the Yanomami; trafficking in
persons; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender,
queer, or intersex persons; significant restrictions on workers’ freedom of association; and the worst
forms of child labor.
The Maduro regime took no effective action to meaningfully identify, investigate, prosecute, or punish
officials who may have committed human rights abuses or engaged in corruption.”

“The Public Ministry is responsible for initiating judicial investigations of security force abuses. The
Office for Protection of Human Rights in the Public Ministry is responsible for investigating cases
involving crimes committed by public officials, particularly security officials. There was, however, no
official information available on the number of public officials prosecuted, convicted, or sentenced to
prison for involvement in extrajudicial killings, which, in the case of killings committed by police, were
often classified as “resistance to authority.” The regime did not publish data on arbitrary or unlawful
killings committed during the year. In August Tarek William Saab, whom the regime styled as attorney
general, reported that between 2017 and August, 1,527 security officers were accused of homicide;
torture or inhuman, cruel, or degrading treatment; 762 were Page 3 imprisoned; and 279 were
convicted for their crimes, but he made no reference to arbitrary killings. NGOs Venezuelan Education-
Action Program on Human Rights (PROVEA) and Fundación Gumilla documented 485 extrajudicial
killings in the context of security operations or protests in the first half of the year. State police were
involved in the highest number of killings at 25 percent, followed by the National Bolivarian Police (PNB)
at 20 percent, and then the National Scientific, Criminal, and Investigative Corps (CICPC) at 19 percent.
Most of the victims (63 percent) were young men between 18 and 30 years old. The NGO Venezuelan
Violence Observatory reported 104 deaths involving police or security forces from July to September,
with PNB involved in 28 percent of the deaths.

On January 10, Venezuelan Communist Party member and local activist Jose Urbina was shot and killed
inside his home in Puerto Paez, Apure. Local media suggested Urbina was killed by groups linked to the
National Liberation Army (ELN), but other journalists and NGOs pointed to a November 13 video posted
by Urbina as evidence the killer could be a member of regime armed forces. In the video, Urbina
accused units commanded by Venezuelan National Guard (GNB) Lieutenant Ramon Sanchez of
abducting more than 20 citizens from Puerto Paez to frame them for crimes they did not commit. Urbina
alleged in the video that he was threatened by Sanchez and indicated him as the person responsible for
any harm that may be done to him. No announcement was issued by regime attorney general Saab or
other regime authorities regarding this case.”

“Although the constitution and law prohibit such practices, there were credible reports that Maduro-
aligned security forces regularly tortured and abused detainees.

The Maduro regime-aligned Office of the Human Rights Ombudsman did not publish statistics regarding
allegations of torture by police during the year. Several NGOs detailed cases of widespread torture and
“cruel, inhuman, and degrading treatment.” Human rights groups and the FFM reported the regime
continued to influence the attorney general and public defenders to conduct investigations selectively
and subjectively.

In September the FFM released a third report focused on crimes against humanity committed through
structures and individuals in the regime’s intelligence services, specifically DGCIM and SEBIN, as part of a
systematic plan to repress opposition to the regime. The report noted the violent acts were not
committed arbitrarily but rather were part of a system orchestrated and executed by the Maduro
regime to repress dissidents. The FFM documented that SEBIN played a fundamental role in the
detention of opponents, including politicians, human rights defenders, and protesters. Most prisoners
were taken to El Helicoide (SEBIN) and Boleita (DGCIM) torture detention facilities, but there were
several detention centers around the country. The report detailed that torture was a systematic
procedure in both El Helicoide and Boleita. The FFM documented 122 cases of victims subjected to
torture, sexual violence, and other inhuman punishment by DGCIM agents beginning in 2014. At SEBIN,
it documented 51 cases of torture or inhuman treatment. The FFM reported DGCIM and SEBIN recruited
low-level officers who were young and poor, with low levels of education, and who often had alcohol or
drug dependencies. The FFM noted the vulnerable state of these low-level officials made them easier to
manipulate through a system of rewards or punishments.”

“The FFM also found that at times judges ordered pretrial detention in SEBIN or DGCIM facilities, despite
the risk or commission of torture, even when detainees in court rooms alleged torture or displayed signs
consistent with it. Foro Penal and the NGO Coalición por los Derechos Humanos y la Democracia
maintained that hundreds of cases of torture were not reported to government institutions because
victims feared reprisal. In a June report, Coalición por los Derechos Humanos y la Democracia stated that
in 100 percent of the cases they studied, doctors issued false or inaccurate medical reports intended to
cover up signs of torture. The report also found that in 98 percent of the cases studied, when victims of
torture or their family members tried to report the abuse, the report was rejected, or the processing
was delayed.

Media and NGOs reported beatings and humiliating treatment of suspects during arrests were common
and involved various law enforcement agencies and the military controlled by the Maduro regime. Cases
of torture and other cruel, inhuman, or degrading treatment or punishment of prisoners were also
reported. Regime-aligned individuals subjected detainees to asphyxiation, electric shock, broken bones,
hanging by their limbs, and being forced to spend hours on their knees. Detainees were also subjected
to cold temperatures, sensory deprivation, and sleep deprivation; remained handcuffed for extended
periods of time; and received death threats to themselves and their relatives. Detainees reported
regime-aligned security forces moved them from detention centers to houses and other clandestine
locations where abuse took place. Cruel treatment frequently involved denying prisoners medical care
and holding them for long periods in solitary confinement. The latter practice was most prevalent with
political prisoners. NGOs detailed reports from detainees who were victims of sexual and gender-based
violence by security units. The OHCHR received complaints of torture or cruel treatment related to 14
detainees from May 2021 to April 2022. The OHCHR stated the lack of investigations into complaints of
torture and lack of protection against reprisals discouraged victims to come forward”

The constitution provides for an independent judiciary, but the judiciary lacked independence and
generally acted to favor the Maduro regime at all levels. There were credible allegations of corruption
and political influence throughout the judiciary. According to the International Commission of Jurists, 85
percent of judges had provisional appointments and were subject to removal at will by the Supreme
Court (TSJ) Judicial Committee. In 2021, 244 judges were removed by the TSJ Judicial Commission
without explanation as to the reasons for their dismissal, according to an OHCHR report. The Inter-
American Commission on Human Rights (IACHR) also reported the judiciary operated with limited
transparency. Provisional and temporary judges have the same authorities as permanent judges, but
due to the nature of their employment status, they allegedly were subjected to political pressure to
make proregime determinations. The OHCHR reported lower courts received instructions from the TSJ
on cases, especially those of a political nature, and observed that TSJ decisions related to the legitimate
National Assembly were inconsistent and raised concerns regarding politicization. Low salaries for
judges at all levels increased the risk of corruption.
There was a general lack of transparency and stability in the assignments of district attorneys to cases
and a lack of technical criteria for assigning district attorneys to criminal investigations. These
deficiencies hindered the possibility of bringing offenders to justice and resulted in a 90 percent
impunity rate for common crimes and a higher percentage of impunity for cases of alleged human rights
abuses.

NGOs reported the lack of independence of the judiciary impeded the normal functioning of
investigations and judicial processes and highlighted the fragility of norms and procedures.

Amnesty International reported regime-aligned individuals often interfered in cases of politically


motivated arbitrary detentions, which were prosecuted by ordinary courts. A common practice among
courts was to charge persons targeted by the regime with conspiracy or treason. Special courts with
jurisdiction over terrorism frequently silenced dissidents.

In January a reform to the Organic Law of the Supreme Court of Justice was approved that reduced the
number of magistrates from 32 to 20. Some of the remaining magistrates were re-elected, however,
violating the constitutional limit of 12-year terms. There were concerns regarding the political affiliations
of most of the appointed magistrates due to regime ties. The IACHR expressed concerns regarding the
judicial reform and urged the adoption of appropriate measures to assure the independence of the
judiciary.”

“Displaced Children: Children’s rights advocates and media reported an increase in the number of
abandoned children living on the street. State-run facilities, already filled to capacity, were unable to
support the influx. In 2020, Cecodap estimated as many as one million minors were left behind with
family members when their parents fled the country’s economic crisis, many of whom also struggled
with the country’s economic downturn. These children resided in limbo, since their parents who left
were unable legally to transfer guardianship to a third party. Private institutions denounced the Maduro
regime’s refusal to provide subsidized food benefits to support the country’s population. NGOs noted
young girls constituted almost one-half of the children living on the streets. This shift posed particular
challenges for shelters, which historically held predominantly male populations. With institutions filled
to capacity, hundreds of Page 50 children accused of infractions, such as curfew violations, were
confined in inadequate juvenile detention centers.”

10. Venezuela’s top leaders committing crimes against humanity: U.N. Report, Maria Luisa Paul, The
Washington Post, September 2022, available at
https://www.washingtonpost.com/nation/2022/09/21/venezuela-crimes-against-humanity-
report-united-nations/

“Screams often spill out in the halls of El Helicoide, the headquarters of Venezuela’s intelligence service
agency, investigators say. Inside the imposing, spiral-shaped building in the center of Caracas, they
found that detainees — who are often journalists, activists or government opponents — are routinely
subjected to beatings, rape, electric shocks, mutilation, asphyxiation and other types of torture.

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The orders for the abuse — which international organizations and human rights leaders say constitute
crimes against humanity — usually come from the highest level of government: the president and his
inner circle, according to a new U.N. report.
“President Nicolás Maduro, supported by other high-level authorities, stand out as the main architects
in the design, implementation and maintenance of a machinery with the purpose of repressing dissent,”
U.N. investigators concluded.”

“In El Helicoide, where SEBIN operates, “substantive orders mainly came from President Maduro,” the
agency’s former director, Manuel Ricardo Cristopher Figuera, told investigators. Diosdado Cabello, the
country’s former vice president and a member of the National Assembly, would also provide a list of
targets to detain — mainly civilians, high-profile critics and opposition members. The government would
then surveil those targets, sometimes bugging their phones, before planting evidence on them, arresting
them without warrants or kidnapping them, according to the report.

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Detainees told investigators that once inside the prison, they were subjected to torture ranging from
death threats against their families to forceful feedings of feces and vomit. Some recalled being put on
“la señorita,” a device that lifts and distorts bodies before plunging them into a water tank. At other
times, they were held naked inside a room with freezing temperatures, under bright lights and in
isolation — a form of psychological abuse that distorts the senses, the report states. Detainees also
frequently experienced sexual violence, investigators found.

“One male detainee reported that SEBIN agents threatened to rape him, and forced a gun inside his
mouth,” the report details. “When he started crying, they laughed. The agents then made him ask for
their blessing.”

11. Report: Venezuela’s Biggest Gang Recruits Children as Soldiers, Vinicius Madureira, Organized
Crime and Corruption Reporting Project, April 2022, available at
https://www.occrp.org/en/daily/16157-report-venezuela-s-biggest-gang-recruits-children-as-
soldiers

“A new report by Venezuelan nonprofit organizations dedicated to defending the rights of children and
teenagers, Centros Comunitarios de Aprendizaje (Cecodap) and Agencia de Periodistas Amigos de la
Niñez y Adolescencia (PANA), says that the “mega gang” until recently led by Carlos Luis Revette, alias
“el Koki,” was recruiting minors in parts of the Venezuelan capital Caracas.”

“The youngsters are allegedly first hired as ‘mandaderos’, or errand boys in English, before being
pressured to become soldiers and defend the gang’s territories from security forces or rival criminal
groups.

In 2021, armed conflicts on the border between Venezuela and Colombia killed at least 39 children and
teenagers, according to a report published by FundaRedes.”

“Food shortages, school desertion and domestic violence allegedly facilitate the work done by
Venezuelan mega gans when it comes to capturing minors. The report describes how professional
recruiters select the right minors to involve them in the crime underworld.

According to the organizations, the recruitment happens side by side with exploitation, based on the
abuse of power and violence, which would constitute a contemporary form of slavery and human
trafficking.
The boys and girls receive money in dollars weekly to cover real or perceived needs such as food,
clothing and footwear, as well as their protection in a logic of “the law of the strongest.”

The el Koki ‘mega gang’ allegedly paid between US$20 to 150 a week in a country like Venezuela, where
the minimum wage barely reaches $2.5 a month.”

12. Venezuelan Humanitarian and Refugee Crisis, Center for Disaster Philantrophy, June 2023,
available at https://disasterphilanthropy.org/disasters/venezuelan-refugee-crisis/

“According to Venezuela’s Ministry of Foreign Affairs, more than 300,000 nationals have returned to the
country since September 2020. Nevertheless, those returning face difficulties in accessing jobs, social
services, and housing.”

“Within Venezuela, approximately 25% of the population requires humanitarian assistance. Cynthia
Arnson, director of the Wilson Center’s Latin American program, told PBS in January 2022, “Life is very
difficult. The poverty rate is over 95 percent. About 75 percent of people live in extreme poverty. There
are shortages of food, of drinking water, of medicines. Inflation last year was down to 700 percent. It’s
less than it was at 3,000 percent the year before. But inflation is still very, very high.”

13. Venezuela International Travel Information, US Department of State, July 2023, available at
https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-
Information-Pages/Venezuela.html

“Do not travel to Venezuela due to crime, civil unrest, kidnapping, and the arbitrary enforcement of
local laws. Reconsider travel due to wrongful detentions, terrorism, and poor health infrastructure.”

“U.S. citizens in Venezuela who require consular services should try to leave the country as soon as
safely possible and contact a U.S. embassy or consulate in another country.

Violent crimes, such as homicide, armed robbery, kidnapping, and carjacking, are common. Political
rallies and demonstrations occur, often with little notice. Demonstrations typically elicit a strong police
and security force response that includes the use of tear gas, pepper spray, and rubber bullets against
participants and occasionally devolve into looting and vandalism. Reports from the Independent
International Fact-Finding Mission document human rights abuses attributed to the Maduro regime,
including torture, extrajudicial killings, forced disappearances, and detentions without due process
and/or fair trial guarantees or as a pretext for an illegitimate purpose. Shortages of gasoline, food,
electricity, water, medicine, and medical supplies continue throughout much of Venezuela. The CDC
issued a Level 3 ‘Avoid Nonessential Travel’ notice on September 30, 2021, due to inadequate
healthcare and the breakdown of the medical infrastructure in Venezuela.”

“Regime-aligned security forces have detained U.S. citizens for long periods. The Maduro regime does
not notify the U.S. government of the detention of U.S. citizens and the U.S. government is not granted
routine access to those U.S. citizens.

Colombian terrorist groups, such as the National Liberation Army (ELN), Revolutionary Armed Forces of
Colombia – People’s Army (FARC-EP), and Segunda Marquetalia, operate in Venezuela’s border areas
with Colombia, Brazil, and Guyana.”
14. Venezuelan Children with Serious Illnesses are dying because of lack of Medical Care, Isaac
Nahon Serfaty, Latinoamerica21, July 2022, available at
https://latinoamerica21.com/en/venezuelan-children-with-serious-ilnesses-are-dying-because-
of-a-lack-of-medical-care/

“Venezuela has quickly gone from the ridiculous to the grotesque, all while the deep crisis experienced
by millions of Venezuelans worsens. On July 5, in a military parade to commemorate the country’s
independence, an inflatable doll called “Super Mustache” replaced President Nicolás Maduro, who was
absent from the most important public event of the patriotic calendar. On the following day, a horrifying
crime made headlines: a Chavista leader who, after disappearing from the public two years ago, was
found dismembered by the order of his wife to prevent him from accusing her of corruption. But while
this grotesque news is being disseminated, leaving a large part of the population indifferent, the decay
of the public health system is hitting the most vulnerable Venezuelans.”

“The most illustrative case of this transplant crisis is that of the nephrology unit of the J. M. de los Ríos
Hospital. Since 2017, 71 children and adolescents have died due to a lack of antibiotics and problems
with dialysis equipment. The National Association of Nephrology estimates that, since the suspension of
the transplant program, more than 70% of the dialysis units do not function properly due to equipment
defects and the lack of potable running water, among other problems.”

“The general health context in Venezuela is one of continuous deterioration. In the midst of a pandemic,
data coming from non-governmental organizations reveal chronic problems that are worsening.
According to the most recent report of the National Hospital Survey of June 2022, the rates of lack of
basic supplies is 47% in the emergency rooms of public hospitals and 72% in the operating rooms.”

15. Professor Salas-Wright’s Research on Venezuelan Children Confirms Far-Reaching Negative


Impacts Before and After Emigrating, Maura King Scully, Boston University of Social Work,
December 2019 available at https://www.bu.edu/ssw/professor-salas-wrights-research-on-
venezuelan-children-confirms-far-reaching-negative-impacts-before-and-after-emigrating/

Although prior research has shown that hunger and the stress of migration can increase risk for
behavioral health problems, no research has examined the experiences of Venezuelan children in
diaspora—until now. Salas-Wright, joined by BU student Mariana Cohen (SSW’19, SPH’20), a native of
Venezuela, and colleagues from Saint Louis University and University of Miami, collected data as part of
the Venezolanos en Nuevos Entornos (Venezuelans in New Environments) Project. This web-based
survey, conducted between November 2018 and July 2019, captured responses from 400+ Venezuelan
youth aged 10–17 years who had arrived in the U.S. since 2015.

The majority of young people surveyed did not meet criteria for depression, but among those who
experienced hunger the rates of depression were high, “suggesting that experiencing hunger in
Venezuela has important longer-term implications for psychological well-being,” says Salas-Wright.
“Only five percent of all Venezuelan children had moderate to severe levels of depression. The
proportion was only 2 percent among those who had not experienced hunger prior to migrating, but
among those who did go hungry the rate was 8.5 percent.”

“Even when we controlled for post-migration hunger and post-migration family economic hardship, the
odds of moderate to severe depression were 3.5 times greater among youth reporting hunger in
Venezuela prior to migrating when compared to those who didn’t experience hunger,” says Salas-
Wright. “There are a lot of complex issues in our world, but childhood hunger is straightforward. And
these are really astounding rates of hunger.”

16. Despair in Venezuela, American Psychological Association, January 2019 available at


https://www.apa.org/monitor/2019/01/venezuela

“Children are also particularly vulnerable to the effects of the crisis. “Venezuela’s humanitarian
emergency has had a profound impact on children and adolescents,” says psychologist Abel Saraiba,
who coordinates a program called Growing Without Violence for a nonprofit group called Cecodap that
promotes and defends the rights of children and adolescents in the country.

Anxiety and depression are increasingly common among Venezuela’s young people, and violence against
children is rising along with parents’ frustration and anger over their inability to provide for their
families. Many children whose parents have emigrated elsewhere are now being raised by
grandparents, aunts and uncles or even minor-age siblings, and they often experience deep feelings of
insecurity, sadness and anger, as well as feelings of abandonment. The effects of all these stressors
could be long-lasting, warns Saraiba, noting that children may have trouble managing their emotions
and parenting their own children once they’re adults.”

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