11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
CAT/C/CR/29/2 (CAT, 2002)
Annotation Country Right Affected Person
Observations
w) entry into force on 30 December 1999 of new Constitution of Bolivarian Republic of Venezuela, which contains areas of progress in human rights
w) in particular:
- it gives constitutional status to human rights treaties, covenants and conventions, declares that they take precedence in domestic law, prescribes that they should be immediately and directly applicable and provides that absence of any law regulating these rights does not impair their exercise



Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 4.1 - Legal framework
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 6
CAT/C/CR/29/2 (CAT, 2002)
Observations
w) entry into force on 30 December 1999 of new Constitution of Bolivarian Republic of Venezuela, which contains areas of progress in human rights
w) in particular, following aspects of Constitution:
- it regulates custody safeguards appropriately, e.g. prior court order is required for any arrest or detention, except in flagrante delicto; period of 48 hours is established at constitutional level for bringing detainee before judicial authority, as Code of Criminal Procedure already provides; liberty of person charged is taken as general rule and pre‑trial custody as exception
- it admits series of safeguards for detainee, such as access to lawyer immediately on being detained and ban on obtaining confessions by torture

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 6
CAT/C/CR/29/2 (CAT, 2002)
Observations
Committee considers of particular importance establishment under Constitution of Office of Ombudsman as independent body responsible for promotion, protection and monitoring of rights and safeguards established in Constitution and in international human rights instruments ratified

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 4.2 - Institutions & policies
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 7
CAT/C/CR/29/2 (CAT, 2002)
Observations
w) adoption of various legislative provisions and establishment of units in various sectors of administration as indication of importance assigned to better protection and promotion of human rights
Important instances of such provisions are organization acts on states of emergency, on refugees and asylum-seekers, on Public Prosecutor's Office and on protection of children and young people
Among units established, mention should be made of Human Rights Department of Ministry of Interior and Justice

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 4.1 - Legal framework
  • 4.2 - Institutions & policies
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • children
  • general
  • refugees and asylum-seekers
  Paragraph(s) 8
CAT/C/CR/29/2 (CAT, 2002)
Observations
w) ratification of Rome Statute of International Criminal Court in December 2000

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 2.1 - Status of international instruments
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 9
CAT/C/CR/29/2 (CAT, 2002)
Observations
c) lack of information, including statistical data, on torture and cruel, inhuman or degrading treatment or punishment, broken down by nationality, gender, ethnic group, geographical location and type and place of detention

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 4.3 - Context, statistics, budget, training, dissemination, civil society
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 10
CAT/C/CR/29/2 (CAT, 2002)
Observations
c) numerous instances in prisons of prisoner-on-prisoner violence and violence against prisoners by prison officers, which have led to serious injuries and in some cases to death
c) precarious material conditions in prisons

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 11.2 - Conditions of detention
  • persons deprived of their liberty
  Paragraph(s) 10
CAT/C/CR/29/2 (CAT, 2002)
Observations
c) absence of prompt and impartial investigations of complaints of torture and cruel, inhuman and degrading treatment, and lack of accessible, institutionalized procedure in order to ensure right of victims of acts of torture to obtain redress and fair and adequate compensation as article 14 of CAT provides

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 6 - Effective remedy
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 10
CAT/C/CR/29/2 (CAT, 2002)
Observations
c) information on threats to and harassment of persons who bring complaints of ill‑treatment against police officers and lack of adequate protection for witnesses and victims

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 14 - Administration of justice & fair trial
  • general
  Paragraph(s) 10
CAT/C/CR/29/2 (CAT, 2002)
Observations
c) complaints of threats and attacks against sexual minorities and transgender activists, particularly in State of Carabobo

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 10
CAT/C/CR/29/2 (CAT, 2002)
Observations
c) complaints of abuse of power and improper use of force as means of control, particularly during demonstrations and protests

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 10
CAT/C/CR/29/2 (CAT, 2002)
Observations
c) numerous complaints of torture, cruel, inhuman and degrading treatment, abuse of authority and arbitrary acts committed by agents of State security bodies which render inoperative protective provisions of Constitution and Code of Criminal Procedure

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 10
CAT/C/CR/29/2 (CAT, 2002)
Observations
c) failure, despite extensive legal reforms undertaken, to classify torture as specific offence in legislation, in accordance with definition in article 1 of CAT

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 4.1 - Legal framework
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 10
CAT/C/CR/29/2 (CAT, 2002)
Recommendations
r) adopt measures to improve material conditions of detention in prisons and prevent both prisoner-on-prisoner violence and violence against prisoners by prison personnel
r) strengthen independent prison inspection procedures

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 11.2 - Conditions of detention
  • persons deprived of their liberty
  Paragraph(s) 11
CAT/C/CR/29/2 (CAT, 2002)
Recommendations
r) continue activities of education in and promotion of human rights, particularly prohibition of acts of torture, for law-enforcement and medical personnel

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 4.3 - Context, statistics, budget, training, dissemination, civil society
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 11
CAT/C/CR/29/2 (CAT, 2002)
Recommendations
r) adopt measures to regulate and institutionalize right of victims of torture to fair and adequate compensation and draw up programmes for physical and mental rehabilitation to fullest extent possible, as Committee had already recommended in its previous conclusions and recommendations

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 6 - Effective remedy
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 11
CAT/C/CR/29/2 (CAT, 2002)
Recommendations
r) adopt all necessary measures to ensure immediate and impartial investigation of all cases of complaints of torture and cruel, inhuman or degrading treatment
r) agents concerned should be suspended from their duties during these investigations

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 6 - Effective remedy
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 11
CAT/C/CR/29/2 (CAT, 2002)
Recommendations
r) adopt legislation making torture punishable offence
Pursuant to fourth transitional provision of new Constitution, this requires special act or reform of Penal Code within year of establishment of National Assembly; this period had already been greatly exceeded

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 4.1 - Legal framework
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 11
CAT/C/CR/29/2 (CAT, 2002)
Recommendations
i) include statistical data in next periodic report, broken down, inter alia, by nationality, age and gender of victims, and indication of services to which persons accused belong, with regard to cases under CAT coming before domestic bodies
i) results of investigations carried out and consequences for victims in terms of redress and compensation

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 3.1 - Reporting procedures
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 12
CAT/C/CR/29/2 (CAT, 2002)
CRC/C/VEN/CO/2 (CRC, 2007)
Annotation Country Right Affected Person
Observations
n) programmes on violence against children
c) allegations of ill-treatment and reported sub-standard conditions of prisons throughout the country
c) fact that children continue to be kept in extremely poor prison conditions and by reports of children dying in custody

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 11.2 - Conditions of detention
  • children
  • persons deprived of their liberty
  Paragraph(s) 43
CRC/C/VEN/CO/2 (CRC, 2007)
Recommendations
r) strengthen its efforts to improve prison conditions and take measures to ensure that children are not subjected to torture and inhuman, degrading treatment or punishment
r) take all steps to investigate alleged violations and punish those responsible

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 11.2 - Conditions of detention
  • children
  • persons deprived of their liberty
  Paragraph(s) 44
CRC/C/VEN/CO/2 (CRC, 2007)
11.2 - Conditions of detention
CCPR/CO/71/VEN (HRC, 2001)
Annotation Country Right Affected Person
Observations
c) lack of detailed information on detention by police
c) lack of clarity on status and powers of Sectoral Department of Intelligence and Presentation Services (DISIP) given large number of complaints about treatment of detainees

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 11.2 - Conditions of detention
  • 13.2 - Arbitrary arrest and detention
  • 14 - Administration of justice & fair trial
  • persons deprived of their liberty
  Paragraph(s) 9
CCPR/CO/71/VEN (HRC, 2001)
Recommendations
i) to enable HRC to evaluate compliance with arts 9, 10 and 14 ICCPR, State party needs to tell:
- whether detained persons are brought before judge or official with judicial authority without delay
- whether lawyer may be present during interrogation by police
- whether they are automatically given medical check-ups on entering and after being released from police custody
- what regulations govern holding of detained persons incommunicado
- whether appropriate legislation enacted to implement Constitution with respect to detention
- status and powers of Sectoral Department of Intelligence and Presentation Services

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 11.2 - Conditions of detention
  • 13.2 - Arbitrary arrest and detention
  • 14 - Administration of justice & fair trial
  • persons deprived of their liberty
  Paragraph(s) 9
CCPR/CO/71/VEN (HRC, 2001)
Observations
c) conditions in prisons and places of detention since delegation acknowledged most human rights violations occur in such places; overcrowding and failure to segregate detainees awaiting judgement from convicts are incompatible with ICCPR

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 11.2 - Conditions of detention
  • persons deprived of their liberty
  Paragraph(s) 11
CCPR/CO/71/VEN (HRC, 2001)
Recommendations
r) recently established institutional mechanisms for supervising conditions in prisons and investigating complaints of prisoners should be strengthened with view to implementation of arts 7 and 10 ICCPR

Recommending Country(ies):
  • Venezuela (Bolivarian Republic of)
  • 11.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 11.2 - Conditions of detention
  • persons deprived of their liberty
  Paragraph(s) 11
CCPR/CO/71/VEN (HRC, 2001)