12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
CAT/C/CR/29/2 (CAT, 2002)
Annotation Country Right Affected Person
Observations
c) complaints of abuse of power and improper use of force as means of control, particularly during demonstrations and protests
  • Venezuela (Bolivarian Republic of)
  • 12.1 - 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
  • Venezuela (Bolivarian Republic of)
  • 12.1 - 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
  • Venezuela (Bolivarian Republic of)
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 12.2 - 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
  • Venezuela (Bolivarian Republic of)
  • 4.3 - Context, statistics, budget, training, dissemination, civil society
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 11
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
  • Venezuela (Bolivarian Republic of)
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 12.2 - 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

  • Venezuela (Bolivarian Republic of)
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 12.2 - Conditions of detention
  • children
  • persons deprived of their liberty
  Paragraph(s) 44
CRC/C/VEN/CO/2 (CRC, 2007)
CCPR/CO/71/VEN (HRC, 2001)
Annotation Country Right Affected Person
Observations
c) treatment of persons seeking asylum or refuge, especially those entering country from Colombia, chiefly because of lack of national legislation establishing selection criteria for asylum seekers even though there are bilateral arrangements between Colombia and Venezuela on such matters
c) possible breach of principle of non-refoulement
  • Venezuela (Bolivarian Republic of)
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 19 - Right to freedom of movement
  • refugees and asylum-seekers
  Paragraph(s) 15
CCPR/CO/71/VEN (HRC, 2001)
Recommendations
r) ensure compliance with arts 7 and 13 ICCPR and with norms of general international law
r) adhere to or implement relevant international conventions
r) provide access to relevant specialized agencies in areas concerned
r) seek assistance of international bodies dealing with matter
  • Venezuela (Bolivarian Republic of)
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 19 - Right to freedom of movement
  • refugees and asylum-seekers
  Paragraph(s) 15
CCPR/CO/71/VEN (HRC, 2001)
Observations
c) information on trafficking in women, especially from neighbouring countries, and lack of information from delegation on extent of problem and action to combat it
  • Venezuela (Bolivarian Republic of)
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 13 - Prohibition of slavery, trafficking
  • 34.1 - Elimination of discrimination against women
  • 34.2 - Gender-based violence against women; protection
  • women
  Paragraph(s) 16
CCPR/CO/71/VEN (HRC, 2001)
Recommendations
r) eliminate trafficking in women to comply with provisions of arts 7 and 8 ICCPR and set up rehabilitation programmes for victims
r) laws and policies should provide protection and support for victims
  • Venezuela (Bolivarian Republic of)
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 13 - Prohibition of slavery, trafficking
  • 34.1 - Elimination of discrimination against women
  • 34.2 - Gender-based violence against women; protection
  • women
  Paragraph(s) 16
CCPR/CO/71/VEN (HRC, 2001)
Observations
r) immediately repeal legislation (provision exempting rapist from any penalty if he marries the victim) incompatible with arts 3, 7, 23, 26, 2 (3) and 24 ICCPR taking into account early age at which girls can enter marriage
  • Venezuela (Bolivarian Republic of)
  • 6 - Right to an effective remedy, impunity
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 25 - Marriage and family
  • 34.1 - Elimination of discrimination against women
  • 34.2 - Gender-based violence against women; protection
  • 35.1 - Children: definition; general principles; protection
  • children
  • girls
  • women
  Paragraph(s) 20
CCPR/CO/71/VEN (HRC, 2001)
Observations
c) continued existence of legal provision exempting rapist from any penalty if he marries victim
  • Venezuela (Bolivarian Republic of)
  • 6 - Right to an effective remedy, impunity
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 25 - Marriage and family
  • 34.1 - Elimination of discrimination against women
  • 34.2 - Gender-based violence against women; protection
  • 35.1 - Children: definition; general principles; protection
  • children
  • girls
  • women
  Paragraph(s) 20
CCPR/CO/71/VEN (HRC, 2001)
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, following aspects of Constitution:
- it recognizes right of individuals to submit petitions or complaints to international bodies established for purpose in order to seek protection for their human rights; this recognition is in accordance with declaration by State in 1994 under article 22 of CAT
- it requires to investigate and impose penalties on human rights offences, declares that action to punish them is not subject to statute of limitations and excludes any measure implying impunity, such as amnesty or general pardon
- it requires offences concerning human rights violations and crimes against humanity to be heard in ordinary courts
- it imposes on State obligation of compensating in full victims of human rights violations and recognizes right to rehabilitation of victims of torture and cruel, inhuman or degrading treatment, inflicted or tolerated by agents of State
- it makes compulsory extradition of persons charged with human rights offences, and makes provision for brief, public, oral procedure for trying them


  • Venezuela (Bolivarian Republic of)
  • 4.1 - Legal framework
  • 6 - Right to an effective remedy, impunity
  • 12.1 - 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:
- 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



  • Venezuela (Bolivarian Republic of)
  • 4.1 - Legal framework
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 6
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
  • Venezuela (Bolivarian Republic of)
  • 4.1 - Legal framework
  • 4.2 - Institutions & policies
  • 12.1 - 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
  • Venezuela (Bolivarian Republic of)
  • 2.1 - Status of international instruments
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 9
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
  • Venezuela (Bolivarian Republic of)
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 15 - Administration of justice & fair trial
  • general
  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
  • Venezuela (Bolivarian Republic of)
  • 6 - Right to an effective remedy, impunity
  • 12.1 - 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
  • Venezuela (Bolivarian Republic of)
  • 4.1 - Legal framework
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • general
  Paragraph(s) 10
CAT/C/CR/29/2 (CAT, 2002)
12.2 - Conditions of detention
CCPR/CO/71/VEN (HRC, 2001)
Annotation Country Right Affected Person
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
  • Venezuela (Bolivarian Republic of)
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 12.2 - 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
  • Venezuela (Bolivarian Republic of)
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 12.2 - Conditions of detention
  • persons deprived of their liberty
  Paragraph(s) 11
CCPR/CO/71/VEN (HRC, 2001)
CAT/C/CR/29/2 (CAT, 2002)
Annotation Country Right Affected Person
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
  • Venezuela (Bolivarian Republic of)
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 12.2 - Conditions of detention
  • persons deprived of their liberty
  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
  • Venezuela (Bolivarian Republic of)
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 12.2 - Conditions of detention
  • persons deprived of their liberty
  Paragraph(s) 11
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
  • Venezuela (Bolivarian Republic of)
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 12.2 - 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

  • Venezuela (Bolivarian Republic of)
  • 12.1 - Prohibition of torture and cruel, inhuman or degrading treatment
  • 12.2 - Conditions of detention
  • children
  • persons deprived of their liberty
  Paragraph(s) 44
CRC/C/VEN/CO/2 (CRC, 2007)