Proposed amnesty law offers political prisoners in Venezuela an ‘opportunity’

The amnesty is aimed at promoting peace, democratic coexistence and national reconciliation as the South American country enters a new era following the seizure of former President Nicolas Maduro by the United States. 

It passed unanimously on 5 February by Venezuelan legislators in the first of two readings.

The amnesty “offers an opportunity to provide justice and alleviate the suffering of the many people who have been unlawfully detained for political reasons in Venezuela,” said Alex Neve, a member of the UN Independent International Fact-Finding Mission for Venezuela.

“This law has the potential to contribute to restoring rights and repairing Venezuela’s social fabric, but the voices of the countless Venezuelans whose rights have been violated in the country’s prisons, as well as the civil society organizations who have assisted and defended them, must be at the centre of this process,” Mr. Neve said.

The broader picture

Following years of political violence in Venezuela, many politicians, activists and journalists have been charged with crimes such as terrorism or treason – according to human rights groups. 

According to media reports over 300 political prisoners have been released since 8 January but many political prisoners remain in detention. 

Transparency essential

The UN human rights experts have raised concerns about how the amnesty will be enacted, stating that its “legitimacy and impact depend on a transparent and inclusive process that is fully grounded in international human rights law.” 

In a statement released by the United Nations Human Rights Council, the investigators warned of the “absence of informed, inclusive, and safe public consultations” and emphasised the need for ‘a transparent process, with meaningful participation from victims, their families and civil society.” 

Calls for participation

Fact-Finding Mission expert Maria Quintero, stated that it was “advisable for the judicial verification procedure to include the participation of victims and their families, their representatives, and human rights organizations, in order to prevent the law from being instrumentalized or applied in a manner incompatible with international standards.” 

She added, “we must not forget accountability.”

Whilst the draft legislation is debated within Venezuela’s government, UN experts have reiterated their call for the “unconditional” release of all political prisoners, stating that “it is critical that the process of releasing prisoners, already underway, continues without interruption.” 

The Human Rights Council-appointed Independent International Fact-Finding Mission was established to assess alleged human rights violations committed since 2014.