CAT/C/CR/29/2
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(h)
It makes compulsory the extradition of persons charged with human rights
offences, and makes provision for a brief, public, oral procedure for trying them.
7.
The Committee considers of particular importance the establishment under the
Constitution of the Office of the Ombudsman as an independent body responsible for the
promotion, protection and monitoring of the rights and safeguards established in the Constitution
and in the international human rights instruments ratified by Venezuela.
8.
The Committee takes note with satisfaction of the adoption of various legislative
provisions and the establishment of units in various sectors of the State administration as an
indication of the importance assigned to better protection and promotion of human rights.
Important instances of such provisions are the organization acts on states of emergency, on
refugees and asylum-seekers, on the Public Prosecutor’s Office and on the protection of children
and young people. Among the units established, mention should be made of the Human Rights
Department of the Ministry of the Interior and Justice.
9.
It also welcomes with satisfaction the ratification of the Rome Statute of the International
Criminal Court in December 2000.
C. Subjects of concern
10.
The Committee expresses its concern at the following:
(a)
The failure, despite the extensive legal reforms undertaken by the State party, to
classify torture as a specific offence in Venezuelan legislation, in accordance with the definition
in article 1 of the Convention;
(b)
The 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 the protective provisions of the Constitution and the Code of Criminal Procedure;
(c)
Complaints of abuse of power and improper use of force as a means of control,
particularly during demonstrations and protests;
(d)
Complaints of threats and attacks against sexual minorities and transgender
activists, particularly in the State of Carabobo;
(e)
Information on threats to and harassment of persons who bring complaints of
ill-treatment against police officers and the lack of adequate protection for witnesses and victims;
(f)
The absence of prompt and impartial investigations of complaints of torture and
cruel, inhuman and degrading treatment, and the lack of an accessible, institutionalized
procedure in order to ensure the right of victims of acts of torture to obtain redress and fair and
adequate compensation, as article 14 of the Convention provides;