PROMINENT HUMAN RIGHTS GROUP CRITICIZES GOV

C O N F I D E N T I A L CARACAS 001107

SIPDIS


NSC FOR CBARTON
USCINCSO ALSO FOR POLAD
USAID DCHA/OTI FOR RPORTER
DRL/PHD FOR JDAVIS

E.O. 12958: DECL: 06/03/2013
TAGS: PHUM PGOV PINS VE
SUBJECT: PROMINENT HUMAN RIGHTS GROUP CRITICIZES GOV


Classified By: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASONS 1.4 (B
) AND (D)

--------------
Summary
--------------


1. (U) The human rights NGO "Committee of the Relatives of
Victims of February 1989" (COFAVIC) criticized the GOV March
18 for not appropriately addressing alleged human rights
abuses during the February 27-March 4 period. The COFAVIC
report describes alleged abuses, including deaths, use of
excessive force, torture/inhuman/degrading treatment, and
detentions/lack of due process and has a special section
devoted to attacks on journalists. COFAVIC recommends the
GOV ensure the proper conduct of investigations, appropriate
training of security forces, passage of comprehensive
legislation that protects rights and sanctions abuses, and
creation of a truth commission with a mandate to investigate
events from April 2002 to the present. The GOV acknowledges
some use of excessive force but continues to insist that it
is not responsible for most of the alleged human rights
violations. End Summary.

--------------
Human Rights Watchdog
--------------


2. (U) The human rights NGO "Committee of the Relatives of
Victims of February 1989" (COFAVIC) formed in response to
government violations of human rights committed during riots
in February 1989. The NGO has established a reputation as a
fierce critic of governmental abuse of human rights. Like
other serious human rights groups, it laboriously documents
cases through interviews, collection of any physical
evidence, and cross-checking data with other human rights
NGOs. It also assists victims in filing official complaints
of alleged abuses.


3. (U) COFAVIC issued a report March 18 detailing its
investigations of human rights abuses during February
27-March 4. The report confirms 14 deaths; 261 incidents of
violence against individuals, including nine cases of
torture; and 25 cases of physical threats to journalists,
including three detained. In addition, the report claims
that the holding of detainees incommunicado, even for only a
few hours, qualifies as "forced disappearance." The report
mentions eight cases of alleged missing protesters but
acknowledges that they could not be confirmed.

--------------
Governmental Failures
--------------


4. (U) In addition to providing case figures and examples,
COFAVIC forcefully condemns the lack of appropriate GOV
action to prevent abuses or punish those responsible.
COFAVIC accuses the Attorney General of dereliction of duty,
partiality and incompetence. The report enumerates cases in
which officials known for their knowledge and experience in
prosecuting human rights violations have been shut out of
investigations in favor of others with dubious claims to
either professional competence or impartiality. The Human
Rights Ombudsman is criticized for its failure to make a
single statement regarding the deaths, injuries, and
detentions during the political disturbances. (Note:
Ombudsman German Mundarain issued a statement March 26
acknowledging some use of excessive force, but he rejected
claims of "disappeared" protesters and political prisoners
and denied GOV culpability for fatalities.)


5. (U) COFAVIC castigated the Judicial branch for acting with
transparently political motives. According to the report,
some judges with a vested interest in supporting the
government have decided "political cases" rather than
recusing themselves, while other judges were fired after
ruling against GOV interests. COFAVIC also criticized the
Scientific and Investigative Police (CICPC),part of the
Executive Branch, for its overall inability to conduct
independent investigations that meet international standards.



6. (C) COFAVIC Director Liliana Ortega told Poloff March 24,

"If Venezuelan institutions are unable to meet minimum legal
standards in criminal investigations, then the cases should
be submitted to international organizations. Otherwise, it
is impossible to have any degree of confidence in the case
result." Ortega also explained that the figures in the
report are low because a high percentage of victims are too
afraid to report their experience even to a human rights NGO.

--------------
Conclusions and Recommendations
--------------


7. (U) Ortega asserts in a March 21 BBC interview that recent
human rights abuses show a definite pattern. The same
techniques of crowd control, detention and torture have been
reported throughout the country, indicating centralized
planning and training in those techniques. At the same time,
she said, nine out of ten abuse complaints are not pursued by
authorities because of a mixture of political reasons and
incompetence. For these reasons, COFAVIC makes a series of
recommendations regarding the proper conduct of
investigations, training of security forces, need for
comprehensive legislation that protects rights and sanctions
abuses, and creation of a truth commission with a mandate to
investigate events from April 2002 to the present.

--------------
Comment
--------------


8. (C) COFAVIC enjoys high credibility as a human rights
watchdog. Its report means that the government has some
explaining to do. This may be why the Human Rights Ombudsman
became the first GOV official to acknowledge some wrongdoing
on the part of security forces. Even though the government
still denies responsibility for the majority of the abuses,
Ortega and her staff are very patient, determined, and
persistent. They waited 15 years to see the GOV make
restitution for violations committed in February 1989 and
show no signs of slackening their vigilance now.
SHAPIRO


NNNN

2004CARACA01107 - CONFIDENTIAL