Bulletin No. 52 www.crisisenvenezuela.com - Provea

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Bulletin No. 52 www.crisisenvenezuela.com - Provea
Bulletin No. 52
          From August 27 to September 3, 2018
www.crisisenvenezuela.com
Bulletin No. 52 www.crisisenvenezuela.com - Provea
Bulletin No. 52
                                                                         From August 27 to September 3, 2018

Bloque Constitucional
Judicial Precedent and Civic Participation
                                                                    acceding information, meeting, and protesting; as well as
                                                                    the rights to vote in free and universal elections, to
                                                                    associate with political purposes, and to validate political
                                                                    parties. An instrument that has been used even for
                                                                    eliminating parliamentarian’s immunity, and autonomy of
                                                                    the National Legislative Power, one of the Public Powers of
                                                                    the State.

                                                                        A really legitimate citizen-centered Justice System
                                                                    must be widely and deeply participative, in order to avoid
                                                                    that the interpretation of the Constitution becomes a
                                                                    matter for judicial elites. Much on the contrary, that is a
                                                                    task to be accomplished by attending the social reality
                                                                    decisions are taken within, ever submitted to the Maximal
                                                                    Norm. In fact, citizens hold the right to participate freely in
   Within a citizen-centered Justice System, the figure of           all public affairs; and to obtain guarantees for practicing
Judicial Precedent must be deemed as a general rule to be           Human Rights. In a truly Democratic State of Rights,
considered in subsequent decisions and similar cases; it            citizens have to be subjects –not mere objects– when it
cannot become a pretext, a mean for flouting the Law.                comes to constitutional interpretations, for avoiding the
                                                                    formation of closed judges’ domains. An active social
   In Venezuela, it currently happens that sentences                participation will allow not only acceding the Justice
emitted by “justice” courts have come to be an instrument           System and defending fundamental rights, but also
to restrict citizens’ rights, especially political rights such as   engaging with a straight administration of Justice.

                             Transparencia Venezuela - www.transparencia.org.ve
   Transparencia Venezuela verifies the cross of SAIME’s users for getting a passport
    Between February 2017 and                                                               those who are in here, in Venezuela
August       2018,    Transparencia                                                         domains. At the main headquarters
Venezuela      has   collected  195                                                         of SEBIN, they do not care about
denunciations of outrages against                                                           human needs, pains, emergencies,
the Right to Identity, occurred in                                                          nor despair! This is a sort of
Administrative       Service     for                                                        devaluing      progressively    the
Identification,     Migration,   and                                                         citizens’ condition. And it worsens
Foreigners (SAIME). It goes further                                                         by the hour!
than a simple figure: they are 195
stories of victims of a State that                                                             We insist: SAIME must improve
does not comply with its duty of                                                            via making its platform better, via
providing people their identification                                                     eliminating useless formalities, via
documents, which are indispensable through the situation of a woman that                 strengthening attention to the users,
to move outside Venezuela.            needs to leave the United States for               via publishing on time its procedures
                                      visiting her son, who is ill in Canada.            and     requirements,    via   solving
    Many testimonies of such a For 22 months now, she has been                           irregularities     efficiently,     via
disrespect are never known… nor they tumbling, trapped within the messy                  accounting publicly for its actions,
will, because the affected persons do tangle SEBIN has become. Our                       and via working jointly with civil
not have the means nor the initiative attempt was in vain. The answer they               society’s organizations.
for exacting a reply from the gave us was: “she has to wait for her
authorities.                          passport to be issued”, as if nearly two
                                      years of waiting were not enough
    Our team spent 12 hours in the time! It is all the same for those who
                                                                                              http://bit.ly/2PxG8CJ
SAIME’s Office, attempting to put are abroad –like this lady– and for
Bulletin No. 52 www.crisisenvenezuela.com - Provea
Bulletin No. 52
From August 27 to September 3, 2018

                                                     Acceso a la Justicia - www.accesoalajusticia.org
                                                          Acceso a la Justicia presents 2017 annual inform
   In the middle of a complex                                                                     Acceso      a   la   Justicia
humanitarian       emergency,                                                                 registered      at    least   76
derived from bad policies of                                                                  sentences of TSJ that violate
the national government and                                                                   venezuelans’ human rights, 33
from the accumulation of                                                                      of    which      were    directly
power by unconstitutional                                                                     addressed against AN, only
means, Acceso a la Justicia                                                                   because it is mostly opposed
presents the annual inform                                                                    to the government. As a
corresponding to 2017. Along                                                                  result, it is found a complete
last    year,    this     NGO                                                                 annulment of the Legislative
documented and analyzed                                                                       Power, since the Executive
important     processes    and                                                                and the Judicial Powers –as
decisions occurred within                                                                     well as ANC– usurp its
public power, especially those                                                                functions. In addition, Acceso
concerning the Supreme Court of            process plagued by irregularities, that   a la Justicia collected 43 verdicts that
Justice (TSJ), National Electoral          trampled       popular    sovereignty.    prove the use of the judicial system
Council    (CNE)     and    fraudulent     Another form for accumulating power       against any public official who may
Constituent     National     Assembly      has been the unlimited extension of       assume       actions     to     vex   the
(ANC), all of which affected gravely       the State of Exception, which has         government. Such were the cases that
warranties and rights constitutionally     been in force for two years and a half    involved 17 opposing mayors, and the
endorsed, to the point of making           already, although it should not last      state of Miranda’s governor, Henrique
Nicolás Maduro’s regime be known as        longer than 120 days, according to our    Capriles.
a modern dictatorship.                     Magna Carta, when it is declared for
                                           economical reasons. TSJ deemed as
   The inform treats the convocation       constitutional such situation, never
to ANC, done by the president of the
republic without previously consulting
                                           approved by National Assembly (AN)
                                           and never notified to the international
                                                                                         https://bit.ly/2LO6GkI
people via referendum; and the             community, concerning the limitations
election of constituents in an electoral   of warranties.

PROVEA - www.derechos.org.ve
Cease harassment against union leaders
   In the last 15 days, two well                                                   workers’ sector. Navarro has been
known      union    leaders   have                                                 followed for several days by
suffered harassment from the                                                       –supposedly–       officials     of
security corps. They are Rubén                                                     Bolivarian National Intelligence
González, secretary of a labor                                                     Service (SEBIN); and he solicited
union in the State enterprise                                                      an investigation at the Attorney
Ferrominera        del     Orinoco                                                 General’s Office, in Caracas. This
(Sintraferrominera), in Bolívar and                                                unionist blames in advance the
Carlos “Chino” Navarro, president                                                  government     for   a    possible
of Central de Trabajadores                                                         personal misfortune. The Right to
Alianza Sindical Independiente de                                                  demand for Rights is not an
Venezuela (ASI Venezuela).                 through a long judicial process for offense: cease harassment against
                                           calling on a strike.                union leaders!
   Pursuing Rubén Gonzalez is to
impede the workers’ claim for the       Harassing Carlos “Chino” Navarro
accomplishment of their collective is to avoid his denunciations about the
convention. González was in prison negative effects that Maduro’s “big
                                                                                         http://bit.ly/2Q4Ajh8
for more than one year, after passing pack” (“paquetazo”) means to the
Bulletin No. 52 www.crisisenvenezuela.com - Provea
Bulletin No. 52
                                                                    From August 27 to September 3, 2018

CIVILIS Derechos Humanos - www.civilisac.org
“We must show the spot of light at the distance,
to keep people standing and withstanding”
                                         protector to the victims, and for            –and maybe I did not quite
                                         realizing academic work in the street.       understand at that time–, we must go
                                         He is a sample of the new activism           on working, that is the next! We have
                                         that    appeared    during   student         to invent and re-invent daily, for
                                         protests.                                    overcoming adversities, for detecting
                                                                                      new lights, for living here and now, for
                                            —What is the role of defenders in         enduring       difficulties,    for   being
                                         our country’s situation?                     creative. We must find an inspiration
                                                                                      in everybody nearby, in all the persons
                                             —Essentially, it is the search for the   around us, in order to feed hope. It is
                                         truth; raising voices for the victims        indispensable to understand that
                                         who have been silenced; becoming a           solidarity is our greatest strength; that
                                         connector          among          people;    the country, even sick as it is now, is
                                         accompanying persons who have                still alive, and intends to stay alive, just
                                         been diversely victimized by the             like life itself. As citizens, we have to
                                         violence of the government, in order         believe that hope is life itself,
                                         to support them in their fair demands,       struggling to defend itself!
   Rigoberto Lobo is a graphic           and to maintain hope in justice.
designer, an activist on human rights,   Everybody is a potential activist. In
and a member of PROMEDEHUM, and          the harsh moments we are passing
NGO in the state of Mérida, which        through, we must show the spot of
monitors      manifestations      and
accompanies victims of violations to
                                         light at the distance, to keep people
                                         standing and withstanding.                        http://bit.ly/2NJDxVw
human rights. Lobo started working
as a defender during 2014 protests,         —What is next?
when he linked Universidad de los
Andes (ULA) for helping as a                —Just as my father once told me

                                                                          CEPAZ - www.cepaz.org.ve
                                                            Venezuela: Due Process and Human Rights
                                                               among Individual and Civil Rights. The Constitution of the
                                                               Bolivarian Republic of Venezuela establishes on Art.49 the
                                                               Right to Due Process, as a constitutional guarantee for
                                                               enjoying and practicing Human Rights.

                                                              Multiple violations of Due Process, within the
                                                          framework of political pursuit patterns, are now
                                                          systematically committed. Revising cases along 12 months
                                                          ultimo, we found an evident worsening of judicial pursuit
                                                          against political dissidence. We call out the Judiciary to
                                                          respect the Right to Due Process, being as it is the
   Venezuela is a Democratic Social State of Rights and guarantor and protector of the administrator of Justice.
Justice. Therefore, the government must comply with its
function as a guarantor and protector of the
administration of Justice, which includes the fundamental
Rights to Individual Liberty and to Due Process.
                                                                                 http://bit.ly/2Q0SOmi
   Due Process figures into the progressive development
of Fundamental Rights, and it is specifically mentioned
Bulletin No. 52 www.crisisenvenezuela.com - Provea
Bulletin No. 52
 From August 27 to September 3, 2018

                                                       Un Mundo Sin Mordaza - www.sinmordaza.org
                                             Caracas’s transport workers: have a card, have no solution

http://bit.ly/2Cd0zTC
    According to a presidential                                                       where he lives. He does not
 decree, gas will enjoy a subsidy                                                     believe in subsidies nor in other

hthttp:tp:///bibitt..llyy/2Cd0zTC
                         /2MzDijp
 via Fatherland’s Card (Carnet de                                                     Nicolás    Maduro’s    promises,
 la Patria) and those who do not                                                      because he knows he will go on
 have it, will pay for fuel at                                                        spending more than half his
 international prices –a tariff yet to                                                income      on    his    vehicle’s
 be determined. According to                                                          maintenance.
 Minister of Transport, Hipólito
 Abreu, by August 15 over two                                                             Unión de Conductores de
 million      venezuelans         had                                                  Antímano       is      a    public
 registered in National Census of                                                      transportation line of buses that
 Transport (CNT); in turn, a team                                                      covers a route from El Silencio
 of Memorias por la Vida, which                                                        –Caracas       downtown–        to
 went through Caracas during the                                                       Antímano –southwest of District
 last two weekends, reported that                                                      Libertador– and still charges only
 the majority of our transport workers reject                             Bs.S 0,15. Vicente Palacios, a 31 year-old
 this peculiar government’s control measure.                              driver, earns around Bs.S 20-40 per day. He
                                                                          feels frustrated: with such an earning, he can
    Alberto Guzman, 46, drives on the route                               buy only 15 eggs for the three kids he has at
 Boleita –Los Chorros 20 years ago. He thinks                             home. He is concerned about the future of the
 that the raise in transport fares will not benefit                        Public Transport sector. He explains that the
 drivers nor users. “The raise will disappear                             bus he drives requires 18 liters of oil per
 under hyper-inflation”, he complains. He                                  month, each one costing Bs.S 250 (Bs.F
 already had his fatherland’s Card because he                             25.000.000), which equals 4.8 minimal
 was forced to get it, in order to receive a                              salaries in force (Bs.F 5.190.000). Just 30
 monthly box from the Local Committee of                                  buses of this transportation line are currently
 Supplies and Production (CLAP) in Petare,                                operative, out of a fleet of 450 vehicles.

 Espacio Público - www.espaciopublico.ong
 Journalists prevented from informing about Orinoco River’s flood
                                           flood –an emergency that affects a         According to Sgt. Rodríguez, the
                                           vast part of the country.              order was given by Major General
                                                                                  Federico Guzmán Bornia, who is the
                                              The     journalists,  jointly  with commander of the Operational Zone
                                           members of some organizations for for Integral Defense (ZODI) #31, sited
                                           the social development, who would in the state of Apure. M.G. Guzmán
                                           deliver food and other items to the Bornia prohibited the passing of mass
                                           victims of the event, had to turn back media, as a way to avoid the diffusion
                                           before arriving the place. “They are of news related to the happening.
    Bolivarian National Guard (GNB)        journalists, they cannot go ahead. I
 detained for more than four hours a       have orders from my general, who
 team of news reporters of El Nacional
 Web, when they intended to arrive at
                                           says they are not authorized”, argued
                                           Sergeant Jaime Rodríguez, an officer
                                                                                       http://bit.ly/2CcdCVn
 Puerto Ayacucho, state of Amazonas,       in Cunaviche’s detachment.
 for documenting the Orinoco River’s
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