IACHR Files Application Before Inter-American Court of Human Rights in Case Concerning Violations of Due Process in Criminal Proceedings in Venezuela

May 13, 2024

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) filed on March 12, 2024, an application before the Inter-American Court of Human Rights in Case 14,174, with regard to Venezuela. This case concerns the deprivation of liberty of José Luis Parada Sánchez in criminal proceedings that failed to provide the safeguards of due process, as well as the failure to provide him with adequate medical care while he was deprived of liberty.

A complaint was filed against José Luis Parada Sánchez, a former manager of the oil company Petróleos de Venezuela S.A (PDVSA), in 2008, for alleged irregularities in tenders and service procurement. In 2015, he was arrested at Maracaibo airport by officers of the Bolivarian National Intelligence Service (SEBIN). While he was deprived of liberty, he had to endure judicial delays, the refusal of medical assistance, and negligence in transfers to healthcare facilities, although he had been diagnosed with colorectal cancer. Although several court orders asked that he be placed under house arrest, SEBIN officials did not proceed to release him from prison, and he eventually escaped in 2017.

In its Admissibility and Merits Report 393/22, the IACHR found that the arrest of Parada Sánchez had been inconsistent with the American Convention, because the officers who conducted it had failed to identify themselves and had failed to adequately notify the suspect of the reasons for his arrest. The IACHR also found that holding Parada Sánchez in pretrial detention had been arbitrary and had violated his rights to personal liberty and to the presumption of innocence, since pretrial detention was a punitive measure rather precautionary measure in this case.

The Commission further noted that SEBIN's refusal to comply with court orders to place Parada Sánchez under house arrest ensuring that he regularly appeared before the authorities had amounted to an additional violation of his rights, since the suspect had not had access to an effective remedy to secure his release.

Finally, the IACHR highlighted the drawn-out criminal process without a court sentence to conclude that the State had also violated the rights of Parada Sánchez to a fair trial and to judicial protection. Further, the failure to provide Parada Sánchez with timely, adequate medical care while he was in State custody amounted to a violation of his rights to persona integrity and to health.

The IACHR therefore concluded that the State of Venezuela was liable for violations of the rights held in Articles 5.1 and 5.2 (right to humane treatment), 7.1, 7.2, 7.3, 7.4, 7.5, and 7.6 (right to personal liberty), 8.1 and 8.2 (right to a fair trial), 25.1 and 25.2(c) (right to judicial protection), and 26 (right to health) of the American Convention on Human Rights, concerning the obligations held in Articles 1.1 and 2 of that instrument.

The Commission recommended that the State adopt the following redress measures:

1. Provide reparations, both material and moral, including fair financial compensation
2. Ensure that ongoing criminal proceedings against José Luis Parada Sánchez are resolved in a timely manner, respecting the safeguards of due process
3. Provide any physical and mental healthcare necessary, in agreement with the beneficiary
4. Take non-recurrence measures to ensure that all individuals who are deprived of liberty in Venezuela, and especially those who are seriously and/or chronically ill, get good-quality medical care
5. Take legislative and administrative measures to ensure that all laws and practices concerning pretrial detention in Venezuela comply with the standards held in the report, preventing the assessment of escape risks from being based solely on the seriousness of the charges and ensuring that the specific details of each case are taken into consideration to assess such risks

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 099/24

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