Informe provisional - Informe núm. 408, Octubre 2024

Caso núm. 3451 (Venezuela (República Bolivariana de)) - Fecha de presentación de la queja:: 06-SEP-23 - Activo

Allegations: The complainant organizations allege that trade union action has been criminalized and prosecuted through the arbitrary arrest and detention of several trade union leaders without due process

1. 672. The complaint is contained in a communication dated 6 September 2023 from the Confederation of Workers of Venezuela (CTV). The CTV and the Independent Trade Union Alliance Confederation of Workers of Venezuela (CTASI) submitted new allegations in a communication dated 13 June 2024. The CTV, CTASI and the Federation of Associations of University Professors of Venezuela (FAPUV) sent additional information in a communication dated 19 September 2024. The FAPUV sent additional information in a communication dated 8 October 2024. The CTV and the CTASI sent additional information in a communication dated 24 October 2024.
2. 673. At its June 2024 meeting [see 407th Report, para. 7], the Committee sent an urgent appeal to the Government indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body (1971), it may present a report on the substance of this case even if the observations or information requested have not been received in due time. To date, the Government has not sent any observations.
3. 674. The Bolivarian Republic of Venezuela has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant’s allegations

1. 675. In a communication dated 6 September 2023, the CTV alleged that Professor Robert Franco, General Secretary of the Union of Education Professionals-Association of Teachers of Venezuela (SINPROD-CPV) in Carúpano, Sucre State, a body affiliated to the CTV, had been arbitrarily arrested and detained. The complainant alleges that: (i) the arrest took place in the city of Carúpano on 26 December 2020 following an illegal search carried out on the family home that he was visiting, after which he remained missing for several days until the non governmental organization Provea drew attention to his irregular transfer from Carúpano to Caracas; (ii) it was not until March 2021 that Professor Franco was brought before the Fourth National Court on Terrorism, where he was charged with the crimes of terrorism, treason and attempted aggravated homicide for his alleged involvement in the so-called “Operación Boicot” (Operation Boycott), which, according to the Government, had been intended to prevent the formation of the National Assembly that had been elected in 2020; and (iii) since then, Professor Robert Franco has been the victim of a rigged and never-ending trial, without any evidence, and has been kept behind bars for almost three years.
2. 676. The complainant alleges that he is in fact being prosecuted and deprived of his liberty for having promoted, until his arrest, the demands of his union throughout the eastern region in his capacity as General Secretary of SINPRODO-CPV in Carúpano. The complainant alleges that trade union action is thereby being criminalized and prosecuted and that trade union leaders are being subjected to coercion and intimidation, since the arbitrary detention and prosecution of Professor Franco are also intended to frighten other trade union leaders. The complainant claims that: (i) at the trial hearings, the prosecution has not presented any evidence of the crime of which he is accused, nor has it demonstrated that he represents such a danger to society that he needs to be kept in detention throughout the trial; (ii) the trial has been interrupted on seven occasions, on two of which a final indictment was presented; and (iii) the criminal trial has been unfairly and indefinitely prolonged as a result of a multitude of hearings and postponements, the judge taking leave or holiday, changes of judges and other chicanery, while Mr Franco continues to be held in the cells of the headquarters of the Bolivarian National Police in Boleíta in the municipality of Sucre.
3. 677. In a communication of 19 August 2024, the CTV, CTASI and FAPUV state that Mr Robert Franco was sentenced in the first instance to 30 years in prison, for the alleged crimes of treason, attempted aggravated homicide and association to commit a crime. The complainants allege that the criminal conviction is unfair and constitutes a major violation of freedom of association; they also state that: (i) the sentence was handed down in a public hearing on 9 August 2024 and published on 23 August; (ii) Professor Franco is the victim of an inhuman conviction, devoid of any legal foundation, since the criminal trial has been based on a fabricated “counter-intelligence report” which does not mention the actions allegedly carried out by the convicted persons, and the accusation does not attribute the facts to particular individuals, for which reason it is not known what the accused parties actually did for them to be charged with these crimes; there is no reference to the time, way and place in which the criminal acts are alleged to have been carried out, nor to the material and human resources available or used for that purpose; (iii) the indictment and criminal conviction for crimes, of which there is not the slightest trace in the official record, invented in a police report and given superficial treatment by the Public Prosecutor’s Office, is implausible and tragic; (iv) Professor Robert Franco is a man devoted to teaching and has been continuously active for 24 years in the world of trade unions; (v) Professor Robert Franco’s conviction comes at a difficult time for the country; on 19 September 2024, the Penal Forum recorded the arrest of 1,834 people, including teenagers, indigenous persons, people with disabilities and women; and (vi) the conviction of Professor Robert Franco once again highlights the state framework identified by the Commission of Inquiry, in this case with the combined action of the police, Public Prosecutor’s Office and courts involved, under the responsibility of special judges competent to judge cases linked to terrorist-related crimes.
4. 678. In their communication of 13 June 2024, the CTV and the CTASI allege the arbitrary detention on 2 July 2021 of Mr Javier Tarazona, a university professor and activist specialized in education, the Director of the human rights organization Fundaredes and the President of the Táchira branch of the Association of Teachers of Venezuela between 2010 and 2018. The complainants allege that Mr Tarazona was arrested at the prosecutor’s office in Coro, the capital of the State of Falcón, which he had visited to report that he was being harassed and persecuted by police officers in that region. According to the complainants, the professor has been charged with terrorism, incitement to hatred and treason.
5. 679. The complainants also allege that Leonardo Azócar, Secretary for Labour and Complaints of the United Trade Union of Workers in the Steel and Allied Industries (SUTISS), and Daniel Romero, a delegate of SUTISS, have been deprived of their liberty since being arrested on 11 June 2023. The complainants allege that: (i) the two trade union leaders were called to a supposed meeting with the management of Siderúrgica del Orinoco (SIDOR) (hereinafter “the steelworks”) but, on arrival at the appointed place, they were arrested by members of the Directorate-General of Military Counter-Intelligence, taken to the headquarters of the National Anti-Extortion and Kidnapping Command of the Bolivarian National Guard in Puerto Ordaz and, an hour and a half later, transferred to Caracas; (ii) after they had been missing for ten days, and against the backdrop of a protest over their disappearance in Caracas, the Director of the Legal Service of the Ombuds Office confirmed that they were being held in the maximum security wing of the Caracas Metropolitan Area Centre for Prisoners, Convicted Persons and Women’s Annex, located in Boleíta Norte in Caracas; and (iii) their relatives were able to communicate with them three weeks after their arrest.
6. 680. The complainants allege that the reason for these arrests was the stoppage of operations at the Planta de Pellas site in protest over low wages, the lack of hospitalization, surgery and maternity services and the non-payment of social benefits. According to the complainants, both managers claimed that they had been subjected to intimidation, violence and armed threats by members of the National Guard outside the plant on 9 June, at the same time as the labour dispute – which had begun with a protest by a thousand or so workers of the steelworks on 7 June – was taking place. The complainants allege that, while no fair solution was found to settle the workers’ grievances, the arrests were used to intimidate the workers and, days later, National Guard officers visited the site of the demonstration and read out a formal notification to 22 employees of the steelworks.
7. 681. The complainants claim that: (i) Mr Azócar and Mr Romero were both charged with the crimes of incitement to hatred, criminal association and disruption and, in their prosecution, the due process standards set forth in the Constitution, in the Code of Criminal Procedure and in other laws designed to prevent the violation of citizens’ rights have not been met; (ii) the Law against Hatred is also being used to persecute trade union or political leaders and, although their cases are being heard in the courts of Puerto Ordaz, they were transferred in February 2024 to the Rodeo, a dangerous prison for ordinary prisoners; and (iii) a new hearing took place on 20 May but their case remains unresolved; Daniel Romero is extremely ill and weighs 37 kilograms, and his relatives fear for his life.
8. 682. The complainants go on to refer to the situation of the trade union and social leaders Gabriel Blanco, Emilio Negrín, Reinaldo Cortes, Néstor Astudillo, Alcides Bracho and Alonso Meléndez, who were sentenced to 16 years’ imprisonment under a judgment handed down on 1 August 2023 and were released, subject to preventive measures, from the La Yaguara detention centre of the Bolivarian National Police on 20 December 2023. The complainants allege that they were released without being given a release order or any other document guaranteeing their freedom; they were simply told by the director of the centre that they were free and that they should leave. They were given their identity cards but were not informed about the conditions of their release, that is, whether they were completely free or would be required to report to the authorities in some way. The complainants indicate that: (i) on 8 January 2024, the leaders appeared before the second appeal court, where the appeal against their 16-year sentences is being heard, to hear the status of their release; they were informed that they were not completely free and that their release was subject to a preventive measure prohibiting them from leaving the country and requiring them to report to the court every 15 days; (ii) at the same hearing, they asked to be removed from the police information system because they did not possess a document as proof that they were free and they requested their release papers; prior to that, the court did not give them what they required, alleging that it did not know the reasons why they had been set free; and (iii) the appeal hearing took place and the prosecutor reaffirmed the request for a 16-year sentence, since the judge had not handed down a decision within the time limit, with the result that the six union leaders still live in fear of being detained again. By a communication dated 24 October 2024, the complainant organizations inform that, in a decision dated 4 October 2024, the Court of Appeal upheld the 16-year sentence of the aforementioned leaders. They also indicate that they are at the stage of appealing to the last judicial instance, which is the criminal cassation appeal and that, as a consequence of the ratification of the sentence, it is possible that the leaders will be re-detained.
9. 683. The complainants also allege that journalist Carlos Julio Rojas, Deputy General Secretary of the National Association of Journalists, was arbitrarily detained at around 8 p.m. on 15 April 2024 by hooded men in a silver van without licence plates, who wrestled him into the vehicle while he was out walking with his wife. The complainants allege that Mr Rojas was a victim of enforced disappearance, since his relatives and lawyers were unable to see him and, for more than a week, were told that he was not being held at the headquarters of the Bolivarian National Intelligence Service, even though the Service’s logo could be seen in the photograph presented by the prosecution. According to the complainants, Mr Rojas was brought before the Second Oversight Tribunal with competence to hear terrorism-related cases, under Judge Carlos Liendo, and was denied the right to be represented by a trusted lawyer, as set out in the Constitution of the Bolivarian Republic of Venezuela.
10. 684. By a communication dated 8 October 2024, the FAPUV alleges that since 26 July 2024, the Government has unleashed a wave of repression on the occasion of the presidential elections held on 28 July 2024 and the subsequent public demand for transparency in the elections. The FAPUV alleges that, as a consequence of the vast ongoing repression, the following trade union leaders have been persecuted or harassed: (i) Mr Régulo José Reina Monteverde, trade union leader in the oil sector, in Temblador, Monagas State, has been arbitrarily detained on 18 July 2024 at his home by the General Directorate of Military Counterintelligence (DGCIM) and (ii) Mr Julio Marín, President of the Trade Union of Civil Servants of the Government of the State of Lara (SEEPEL), Lara State, whose house was raided and computer equipment was taken.
11. 685. The FAPUV further alleges that the following trade union leaders have been harassed by the Bolivarian National Intelligence Service (SEBIN): Mr José Texeira, President of the National Federation of Trade Unions and Workers‘ Associations of Venezuela (FENATEV) – Sucre, who was also the target of an attempted arrest in Cumaná, Sucre State; Mr Jesús Malavé, a teachers’ trade union leader, who is being harassed in front of his home; Mr Juan Rodríguez, teachers‘ union leader, also harassed in front of his home; Mr Camilo Torres, Vice-president of the Nursing College, Bolívar State, who has suffered intimidation and harassment; Mr Raúl Brito, President of the Teachers’ Association of the Experimental University of Guyana (APUNEG), Bolívar State, member of FAPUP’s executive committee, harassed in front of his home; Mr Douglas González, delegate of CVG-VENALUM, Bolívar State, also harassed in front of his home; Mr Junior Antonio Ramos Arias, union delegate and Insasel delegate of SIDOR, persecuted and harassed in his home; Ms Janet Cuiba, General Secretary of the Sindicato Único Nacional de Empleados Públicos del Sector Salud (SUNEP-SAS), Anzoátegui State, also harassed in front of her home; Ms Milva Gallardo, General Secretary of the Sindicato Único Nacional de Empleados Públicos del Sector Salud (SUNEP-SAS), Amazonas State, also harassed in front of her home; Mr José Patines and Carlos Salazar, both from the Trade Union Coalition have had their homes surrounded and have been harassed; and Mr Junior Abreu, President of the Association of Teachers of UNELLEZ-Barinas affiliated to the FAPUV, has been harassed in front of his home by two cars of armed SEBIN officers and motorized vehicles, some of them hooded.
12. 686. The FAPUV expresses concern about the persecution and harassment of these union leaders from various sectors and regions by the State’s repressive bodies and irregular forces at its service. It alleges that the aforementioned leaders run the risk of being deprived of their freedom and that, in light of the numerous deaths and injuries recorded recently, their physical integrity is also in danger.

B. The Committee’s conclusions

1. 687. The Committee regrets the fact that, despite the time that has elapsed since the presentation of the complaint, the Government has still not provided its observations, even though it has been urged to do so several times, including through an urgent appeal made at its meeting in June 2024. Under these circumstances and in accordance with the applicable procedural rule [see 127th Report, approved by the Governing Body at its 184th Session, 1971, para. 17], the Committee is obliged to present a new report on the substance of the case without being able to take account of the information that it had hoped to receive from the Government.
2. 688. The Committee reminds the Government that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to ensure respect for trade union rights in law and in practice. While this procedure protects governments against unreasonable accusations, they must recognize the importance of formulating, for objective examination, detailed replies concerning allegations brought against them [see First Report of the Committee, 1952, para. 31].
3. 689. The Committee notes that in this complaint the complainants allege that the following trade union leaders have been arbitrarily arrested and detained without a court ruling in the last four years:
   • - Professor Javier Tarazona, activist and Director of the human rights organization Fundaredes and President of the Táchira branch of the Association of Teachers of Venezuela between 2010 and 2018, held in detention since 2 July 2021 after reporting that he was being harassed and persecuted by police officers, charged with terrorism, incitement to hatred and treason;
   • - Messrs Leonardo Azócar and Daniel Romero, Secretary for Labour and Complaints of SUTISS and a delegate of SUTISS, respectively, held in detention since 11 June 2023, charged with the crimes of incitement to hatred, criminal association and disruption;
   • - Carlos Julio Rojas, journalist and Deputy General Secretary of the National Association of Journalists, held in detention since 15 April 2024, brought before the Second Oversight Tribunal competent to hear terrorism-related cases and denied his constitutional right to be represented by a trusted lawyer.
   • - Mr Régulo José Reina Monteverde, trade union leader in the oil sector, in Temblador, Monagas State, has been arbitrarily detained on 18 July 2024 at his home by the DGCIM.
4. 690. The Committee notes that the complainants also refer to the situation of other trade union and social leaders who, unlike those mentioned above, have been convicted by a court of first instance:
   • - Professor Robert Franco, General Secretary of SINPRODO-CPV, and a member of the CTV, detained since 26 December 2020 and sentenced by a court of first instance in August 2024 to 30 years in prison for the alleged crimes of treason, attempted aggravated homicide and association to commit a crime. The complainants allege that (i) Professor Franco is a teacher with 24 years’ involvement in trade union activity; (ii) the criminal trial is based on a fabricated “counter intelligence report” which does not mention the actions allegedly carried out by the trade union leader; (iii) the conviction which has no basis in law, constitutes a major violation of freedom of association; and (iv) the conviction comes at a time when thousands of people have been arrested, including teenagers, indigenous people, persons with disabilities and women. The Committee takes note of the text of the ruling, provided by the complainant organizations, and observes that, according to the attached documents, an appeal has been lodged in that regard.
   • - the complainants also refer to the situation of Messrs Gabriel Blanco, Emilio Negrín, Reinaldo Cortes, Néstor Astudillo, Alcides Bracho and Alonso Meléndez, all allegedly sentenced to 16 years’ imprisonment under a judgment handed down on 1 August 2023 for the crimes against the State of conspiracy (Criminal Code) and association (Basic Act against organized crime and funding of terrorism). According to the complainants: (i) the leaders were released subject to preventive measures on 20 December 2023 but were not given a release order; (ii) the appeal hearing took place and the prosecutor reaffirmed the request for a 16-year prison sentence; they are prohibited from leaving the country and required to report to the court every 15 days, and they live in fear of being sent to prison again; (iii) on 4 October 2024, the Court of Appeal upheld the 16-year sentence of the leaders and it is possible that they would be re-detained; and (iv) a criminal cassation appeal will be lodged.
5. 691. The Committee notes that the complainants allege that the arrests and detentions of all the leaders have been arbitrary, that many of them were disappeared after their arrest, that the judicial proceedings have been and continue to be beset by serious irregularities including the failure to follow due process, and that the leaders sentenced to 16 years’ imprisonment were released without legal guarantees. The Committee notes that, according to the complainants, the leaders were accused and/or convicted of the crimes of terrorism, incitement to hatred and treason and, consequently, trade union action is being criminalized and prosecuted, since many of them had been engaged in trade union protests or demands.
6. 692. The Committee also notes the complainant organizations’ latest allegations that, since the presidential elections in July 2024, several trade union leaders have been subjected to acts of harassment, persecution and intimidation by SEBIN officials. The Committee notes that, as alleged, most of these acts have taken place outside the leaders' homes, some of which have been raided.
7. 693. The Committee notes with the deepest concern these serious allegations and the lack of information from the Government despite the Committee’s urgent appeal issued in June 2024. The Committee urges the Government to provide its observations without delay.
8. 694. The Committee recalls that the detention of trade union leaders or members for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 123]. The Committee also recalls that it is one of the fundamental rights of the individual that a detainee be brought without delay before the appropriate judge and, in the case of trade unionists, freedom from arbitrary arrest and detention and the right to a fair and rapid trial are among the civil liberties which should be ensured by the authorities in order to guarantee the normal exercise of trade union rights [see Compilation, para. 129]. The Committee also recalls that in cases involving the arrest, detention or sentencing of a trade union official, the Committee, taking the view that individuals have the right to be presumed innocent until found guilty, considers that it is incumbent upon the government to show that the measures it has taken have in no way been occasioned by the trade union activities of the individual concerned [see Compilation, para. 158].
9. 695. The Committee recalls that the Commission of Inquiry appointed under article 26 of the Constitution of the ILO to examine the observance by the Government of the Bolivarian Republic of Venezuela of Convention No. 87, among others, recommended that the Government take the necessary measures to ensure the immediate release of any employer or trade unionist who may be in prison as a result of carrying out the legitimate activities of their organization. The Committee also recalls that, at each of its sessions, including at the November 2024 session (see document GB.352/INS/12), the Governing Body discusses the periodic progress report on developments in respect of the Social Dialogue Forum set up to give effect to the recommendations made by the Commission of Inquiry. The Committee observes that, at its meeting in March 2024, the Governing Body noted that the fourth in-person session of the Forum had taken place in February 2024, at which the tripartite constituents had agreed to continue taking measures to expand and strengthen social dialogue in the country and to update the plan of action established to give effect to the recommendations of the Commission of Inquiry.
10. 696. The Committee observes that, according to the above-mentioned report of the Governing Body, at the fourth session of the Forum, the workers’ organizations referred to the persisting climate of trade union persecution and criminalization of protest and reported the arrest, on 17 January 2024, of Professor Víctor Venegas, President of the National Federation of Education Unions and Schools of Venezuela, as well as the warrantless search of the union headquarters, and referred to the trade unionists who were still in detention for issues related to their trade union activities and called for the full release of the trade unionists who had been released in December 2023 and the regularization of their legal status.
11. 697. The Committee observes that, in the plan of action of February 2024, the tripartite constituents agreed that, as part of cooperation between the authorities, the Ministry of People’s Power for the Social Process of Labour would hold meetings with the Office of the Public Prosecutor and employers’ and workers’ organizations to report on cases of arrest and judicial proceedings or preventive/non custodial measures presumed to relate to the exercise of trade union activities. Taking due note of the above, the Committee urges the Government to ensure that the allegations relating to this case are addressed without delay at those meetings.
12. 698. The Committee notes that, at the meeting of the Governing Body in March 2024, the Government indicated that Professor Víctor Venegas had been freed.
13. 699. The Committee also notes that, according to publicly available information, Mr Leonardo Azócar was released on 21 June 2024.
14. 700. On the other hand, the Committee observes with concern the 30-year prison sentence recently handed down to the trade union leader, Professor Robert Franco, for activities which, as per the allegations, relate to the demands of his union, in his capacity as General Secretary of SINPRODO CPV in Carúpano. Recalling that the criminal prosecution and conviction to imprisonment of trade union leaders by reason of their trade union activities are not conducive to a harmonious and stable industrial relations climate [see Compilation, para. 155], , the Committee requests the Government to keep it informed concerning the appeal process underway and to provide a copy of the appeal judgment as soon as it has been issued.
15. 701. The Committee also requests the Government to indicate whether Professor Javier Tarazona and Messrs Daniel Romero, Carlos Julio Rojas and Régulo José Reina Monteverde are still subject to custodial measures and to detail the specific charges against them, providing copies of any judgments handed down and updated information on the status of their trials.
16. 702. The Committee strongly urges the Government to take all necessary measures to ensure that the persons detained, on trial or convicted as a result of their trade union activities, including the trade union and social leaders, Messrs Daniel Romero, Javier Tarazona, Carlos Julio Rojas, Régulo José Reina Monteverde, Robert Franco, Gabriel Blanco, Emilio Negrín, Reinaldo Cortes, Néstor Astudillo, Alcides Bracho and Alonso Meléndez, are fully released and that the charges brought against them are dropped. The Committee recalls that a free trade union movement can develop only under a regime which guarantees fundamental rights, including the right of trade unionists to hold meetings in trade union premises, freedom of opinion expressed through speech and the press and the right of detained trade unionists to enjoy the guarantees of normal judicial procedure at the earliest possible moment [see Compilation, para. 76]. In addition, recalling that all appropriate measures should be taken to guarantee that, irrespective of trade union affiliation, trade union rights can be exercised in normal conditions with respect for basic human rights and in a climate free of violence, pressure, fear and threats of any kind [see Compilation, para. 73], the Committee requests the Government to provide as soon as possible its observations on the latest allegations of numerous acts of intimidation and harassment against trade union leaders.

The Committee’s recommendations

1. 703. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee notes with the deepest concern the grave allegations relating to this case and the lack of information from the Government despite the Committee’s urgent appeal issued in June 2024. The Committee urges the Government to provide its observations without delay.
   • (b) The Committee urges the Government to ensure that the allegations relating to this case are addressed at the earliest possible moment in the framework of the meetings provided for under the plan of action adopted at the fourth session of the Social Dialogue Forum.
   • (c) The Committee requests the Government to keep it informed concerning the appeal process underway relating to Professor Robert Franco and to provide a copy of the appeal judgment as soon as it has been issued.
   • (d) The Committee requests the Government to indicate whether Professor Javier Tarazona and Messrs Daniel Romero, Carlos Julio Rojas and Régulo José Reina Monteverde are still subject to custodial measures and to detail the specific charges against them, providing copies of any judgments handed down and updated information on the status of their trials.
   • (e) The Committee strongly urges the Government to take all necessary measures to ensure that the persons detained, on trial or convicted as a result of their trade union activities, including the trade union and social leaders Messrs Daniel Romero, Javier Tarazona, Carlos Julio Rojas, Régulo José Reina Monteverde, Robert Franco, Gabriel Blanco, Emilio Negrín, Reinaldo Cortes, Néstor Astudillo, Alcides Bracho and Alonso Meléndez, are fully released and that the charges brought against them are dropped.
   • (f) Recalling that all appropriate measures should be taken to guarantee that, irrespective of trade union affiliation, trade union rights can be exercised in normal conditions with respect for basic human rights and in a climate free of violence, pressure, fear and threats of any kind, the Committee requests the Government to provide as soon as possible its observations on the latest allegations of numerous acts of intimidation and harassment against trade union leaders.
   • (g) The Committee draws the Governing Body’s attention to the serious and urgent nature of this case.