Rapport intérimaire - Rapport No. 412, Novembre 2025

Cas no 3451 (Venezuela (République bolivarienne du)) - Date de la plainte: 06-SEPT.-23 - Actif

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. 710. The Committee last examined this case (presented in September 2023) at its October 2024 meeting, when it presented an interim report to the Governing Body [see 408th Report, approved by the Governing Body at its 352nd Session (October–November 2024), paras 672– 703]. 
2. 711. The Confederation of Workers of Venezuela (CTV) and the Federation of University Teachers’ Associations of Venezuela (FAPUV) submitted new allegations in communications dated 5 March, 28 May, 30 and 31 July and 14, 22 and 25 August 2025.
3. 712. The Government sent its observations in a communication dated 4 June 2025.
4. 713. 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. Previous examination of the case

1. 714. At its October–November 2024 meeting, the Committee made the following recommendations [see 408th Report, para. 703]:
   • (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.

B. The complainants’ new allegations

1. 715. In their communications dated 5 March, 28 May, 30 and 31 July and 14, 22 and 25 August 2025, the CTV, the FAPUV and the Single Federation of Teachers of the Bolivarian Republic of Venezuela (FETRAMAGISTERIO) submit new allegations of the persecution and arrest without warrant of several trade union leaders. Specifically, the organizations allege:
   • (a) the enforced disappearances of Ms Lourdes Villarreal, member of the Single Teachers’ Union (SUMA), affiliated to FETRAMAGISTERIO, and Mr Carlos Alberto Gómez Durán, President of SUMA-Mérida, who were arrested by the security forces without warrant on 22 May 2025;
   • (b) the arrest without warrant of Mr Fernando Serrano, leader of the Single Union of Aluminium Workers (SUTRALUM-VENALUM), who was taken from his home on 18 July 2025 by a delegation of the Police Intelligence Corps of the National Police. It is alleged that he was transported to the headquarters of the Police Intelligence Corps, where he remains detained without having been brought before a court;
   • (c) the threats received by Ms Maritza Moreno, President of the College of Nursing of Caroní, State of Bolívar, which have jeopardized her physical integrity and forced her to take measures to protect herself. It is alleged that Ms Moreno managed to avoid arrest because she was not at home when police officers attended her place of residence and that, after failing to locate her, on 18 July 2025 the police officers arrested her husband, Mr Ángel Rivas, who remains in custody;
   • (d) the arrest without warrant of Dr Fidel Brito, lawyer and President of the Federation of Workers of the State of Bolívar (FETRABOLÍVAR) on 22 July 2025 by State security agents when leaving his home. It is alleged that he is currently imprisoned at the headquarters of the Criminal Investigations Directorate of the National Police in Unare I, Puerto Ordaz, State of Bolívar, without having been brought before a court. It is indicated that Dr Brito is a high-risk patient and that his health could be severely compromised by his detention;
   • (e) the arrest without warrant of Ms Yanny González, President of the College of Nursing Professionals of the State of Barinas on 22 July 2025;
   • (f) the arrest without warrant on 9 August 2025 of Mr Enrique Vásquez Lagonell, General Secretary of the National Federation of Retired Persons and Pensioners, whose whereabouts remain unknown;
   • (g) the arrest without warrant on 18 August 2025 of teachers Mr Roberto Campero, whose home was violently raided without warrant, and Mr Nelson Torrealba, President and General Secretary of the Education Workers’ Union of the State of Aragua. The reasons for their arrest and their whereabouts are currently unknown.
2. 716. The complainant organizations express concern at the arrest of those trade union leaders, which they deem to be part of an alarming pattern that prevents the creation of an environment permitting social dialogue and the free exercise of trade union activity in the country. They state that these arrests constitute a form of systematic harassment against trade union leaders, and they request an immediate cease to all forms of persecution and harassment against persons defending labour rights in the country. They also demand guarantees of full respect of freedom of association, the disclosure of the whereabouts of the arrested trade union leaders, respect for their constitutional rights to life and physical integrity, and their immediate release.
3. 717. With regard to Professor Robert Franco, General Secretary of the Union of Education Professionals–Association of Teachers of Venezuela (SINPROD-CPV), a body affiliated to the CTV, who has been detained since 26 December 2020 and was 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 FAPUV indicates that: (i) the sentence of 30 years’ imprisonment was upheld by the First Chamber of the Court of Appeal with competence to hear terrorism-related cases on 10 July 2025; and (ii) when the time limit for lodging a cassation appeal began to run down, Professor Franco was transferred to another, more isolated, detention centre more than 700 kilometres from his place of residence.
4. 718. The FAPUV states that there have been fundamental irregularities throughout the process and recalls that: (i) Professor Franco was arrested without warrant and without explanation of the reasons for his arrest, in gross violation of the constitutional guarantees applicable to him, the presumption of innocence and his right to due process; (ii) it was only when he was brought before the court that he learned of the charges against him – treason, attempted aggravated homicide and association to commit a crime – and it was in the detention centre that he met the other four persons arrested with him for the same reasons; (iii) those five individuals lived in cities across the province, some very far from each other, and they did not know each other; (iv) Professor Franco and the other detainees suffered several days of cruel, inhuman and degrading treatment, were subjected to enforced disappearance and were also detained incommunicado for several months; and (v) their conviction was unfounded, and they have spent almost five years deprived of liberty for crimes that they did not commit and of which no evidence appears in the case file, which has significant irregularities.

C. The Government’s reply

1. 719. In its communication dated 4 June 2025, the Government indicates that the activities undertaken to comply with the plan of action adopted at the fourth session of the Social Dialogue Forum held in January 2024 included meetings on Convention No. 87 at which the cases highlighted by trade union and employers’ organizations committed to dialogue were discussed. Various cases relating to alleged violations of freedom of association were addressed, and it was highlighted that many of the cases mentioned concern criminal charges unrelated to the free exercise of trade union activity by the trade union leaders involved.
2. 720. The Government indicates that as part of its commitment to progress in social dialogue, but also while respecting the principles of the separation of powers and due process, it has undertaken mediation and other processes with the competent national bodies as requested by the social partners. With regard to Mr Robert Franco, the Government indicates that he was convicted and sentenced on 23 August 2024 for the crimes of treason, attempted aggravated homicide and association to commit a crime, a sentence against which his defence lodged an appeal that is currently in the substantiation phase that respects guarantees of the rights to defence and due process. The Government indicates that at the time of preparing its reply, a judgment had yet to be handed down.
3. 721. The Government indicates that Messrs Gabriel Blanco, Emilio Negrín, Reinaldo Cortes, Néstor Astudillo, Alcides Bracho and Alonso Meléndez were tried and sentenced on 1 August 2023. On 4 October 2024, the Second Special Chamber of the Court of Appeal with competence in cases linked to offences related to or associated with terrorism, corruption and national organized crime declared the appeals lodged against the judgment of the first level court to be inadmissible, thus upholding the sentence of 16 years’ imprisonment for the crimes committed. The Government highlights that, in accordance with an interim measure, the aforementioned persons are serving their sentences outside prison.
4. 722. With regard to the alleged “enforced disappearances” of Ms Lourdes Villarreal, SUMA member, and Mr Carlos Alberto Gómez Duran, President of SUMA Mérida, the Government indicates that they have not been subjected to enforced disappearance as stated by the complainant organizations, but are detained because they are subject to criminal investigations. The Government emphasizes that the Bolivarian Republic of Venezuela is founded on the rule of law, justice and peace and that fundamental principles and rights, such as the right to life, the right to defence and due process, are guaranteed at all times.

D. The Committee’s conclusions

1. 723. The Committee recalls that this case concerns the alleged criminalization and prosecution of trade union action through the arbitrary arrest and detention of several trade union leaders without due process. When it last examined the case, the Committee expressed its deepest concern at the seriousness of these allegations and urged the Government to provide its observations without delay (recommendation (a)).
2. 724. With regard to recommendation (c) from its previous examination of the case (the Committee requested the Government to keep it informed concerning the appeal process under way relating to Professor Robert Franco, sentenced in 2024 to 30 years’ imprisonment for treason, attempted aggravated homicide and association to commit a crime), the Committee notes that, according to the Government, at the time of preparing its response the appeal was in the substantiation phase that respected guarantees of the rights to defence and due process. The Committee notes that, according to the complainant organizations: (i) the sentence handed down in 2024 of 30 years’ imprisonment was upheld on 10 July 2025 by the First Chamber of the Court of Appeal with competence to hear terrorism-related cases; and (ii) when the time limit for lodging a cassation appeal began to run down, Professor Franco was transferred to another detention centre more than 700 kilometres from his place of residence. The complainant organizations state that Professor Franco was arrested without warrant, that there is no evidence in the case file that proves that he committed the crimes with which he is charged and that the legal proceedings have been marked by serious procedural flaws.
3. 725. The Committee recalls that, when it last examined this case, it observed with concern the sentence of 30 years’ imprisonment handed down to Professor Franco for activities that, as per the allegations, related to the demands of his union, in his capacity as General Secretary of SINPROD CPV. The Committee observes that the complainant organizations submitted a copy of the notification of the appeal judgment which indicates only that the appeal was declared inadmissible, without providing additional justification or greater detail on the content of the judgment. Recalling once more 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 of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 155], the Committee requests the Government to provide, at the earliest opportunity, a copy of the full appeal judgment and to keep it informed of the conditions of Professor Franco’s detention and transfer. The Committee also requests the Government and the complainant organizations to keep it informed concerning any cassation appeal lodged against the judgment handed down in the second instance.
4. 726. With regard to recommendation (d) from its previous examination of the case (the Committee requested the Government to provide information on the situation of several trade union leaders), the Committee regrets to observe that the Government has not indicated whether Professor Javier Tarazona and Messrs Daniel Romero, Carlos Julio Rojas and Régulo José Reina Monteverde are still subject to custodial measures, detailed the specific charges against them or provided copies of any judgments handed down or updated information on the status of their trials. The Committee therefore urges the Government to submit the information requested at the earliest opportunity.
5. 727. Regarding recommendation (e) from its previous examination of the case (the Committee strongly urged 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 takes note that the Government indicates that: (i) on 4 October 2024, the Second Special Chamber of the Court of Appeal with competence in cases linked to offences related to or associated with terrorism, corruption and national organized crime declared inadmissible the appeals lodged against the judgment handed down in 2023 that sentenced trade union and social leaders Messrs Gabriel Blanco, Emilio Negrín, Reinaldo Cortes, Néstor Astudillo, Alcides Bracho and Alonso Meléndez to 16 years’ imprisonment for the crimes of conspiracy and association; and (ii) owing to an interim measure, the leaders are serving their sentences outside prison.
6. 728. The Committee observes that, as indicated on the official website of the Supreme Court of Justice, on 28 May 2025 the Court’s Penal Court of Cassation issued a judgment that dismissed the cassation appeals against the aforementioned judgment of 4 October 2024. The Committee observes that, according to the cassation judgment, the appeals were dismissed because their grounds were not set out separately and because the applicants cannot request the Penal Court of Cassation to re-examine evidence already discussed before the court of first instance, since only the highest court is competent to hear cases involving alleged procedural flaws committed by the Courts of Appeal. While taking note of the Government’s indication that the leaders are serving their sentences outside prison, the Committee recalls that, as indicated by the complainant organizations, the trade union and social leaders are prohibited from leaving the country, must report to the court every 15 days and live in fear of being returned to prison. In these circumstances, the Committee is obliged once more to strongly urge the Government to take the 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.
7. 729. Concerning recommendation (f) from its previous examination of the case (the Committee requested the Government to provide its observations on allegations that, since the July 2024 presidential elections, several trade union leaders have been subjected to acts of harassment, persecution and intimidation), the Committee regrets to observe that the Government has not provided information in that regard and therefore reiterates its previous request.
8. 730. The Committee notes that, since it last examined this case, the complainant organizations have presented new allegations of arrests without warrant, specifically, that trade union leaders Ms Lourdes Villarreal and Messrs Carlos Alberto Gómez Durán, Fernando Serrano, Fidel Brito, Yanny González, Enrique Vásquez Lagonell, Roberto Campero and Nelson Torrealba suffered arrest without warrant between May and August 2025. The complainant organizations also allege that trade union leader Ms Maritza Moreno suffered threats and that her husband, Mr Ángel Rivas, was arrested in July 2025.
9. 731. The Committee notes that, according to the Government, Ms Lourdes Villarreal and Mr Carlos Alberto Gómez Durán are detained as part of a criminal investigation and have not been victims of enforced disappearance, as claimed by the complainant organizations. The Government also highlights that fundamental principles and rights, including the right to life, the right to defence and due process, are respected at all times.
10. 732. The Committee notes that the Government’s response is limited to the situations of the trade union leaders, whom they indicate are detained as part of a criminal investigation, without providing any additional information in that regard.
11. 733. The Committee further observes that, according to the complainant organizations’ allegations, the arrests of the various leaders mentioned were carried out without warrant. Observing that the Government has not referred to that matter in its response, and recalling that the arrest and detention of trade unionists without any charges being laid or court warrants being issued constitutes a serious violation of trade union rights [see Compilation, para. 129], the Committee strongly urges the Government to provide information on the situation of the aforementioned leaders and to take the necessary measures to ensure that the persons detained, on trial or convicted as a result of their trade union activities, including the trade union leaders Ms Lourdes Villarreal and Messrs Carlos Alberto Gómez Durán, Fernando Serrano, Fidel Brito, Yanny González, Enrique Vásquez Lagonell, Roberto Campero and Nelson Torrealba, are fully released and that the charges brought against them are dropped.
12. 734. The Committee observes with deep concern that since it last examined the case, the alleged arrests of trade union leaders have increased. The Committee takes due note that, as alleged by the complainant organizations, these arrests constitute a form of systematic harassment against trade union leaders that has become an alarming pattern that prevents the creation of an environment permitting social dialogue and the free exercise of trade union activity in the country.
13. 735. The Committee is obliged to recall 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, para. 123]. The Committee also 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 in 2019 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.
14. 736. The Committee recalls that in its last examination of the case, it observed that in the plan of action agreed at the fourth session of the Social Dialogue Forum (February 2024) in order to give effect to the recommendations of the Commission of Inquiry, it was agreed that 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 urged 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 that plan of action (recommendation (b)).
15. 737. The Committee takes note that, in that regard, the Government indicates that the activities undertaken in compliance with the plan of action included meetings on Convention No. 87 at which various cases relating to alleged violations of freedom of association were addressed, and it was highlighted that many of them concern criminal charges unrelated to the free exercise of trade union activity.
16. 738. The Committee observes that the Government has not provided details of those meetings, particularly with regard to the participants, matters addressed and follow-up given. The Committee also observes that: (i) the Governing Body, at each of its sessions, discusses the periodic progress report on developments concerning the Social Dialogue Forum set up to give effect to the recommendations of the Commission of Inquiry; and (ii) at its November 2024 and March 2025 sessions, the Governing Body noted that, between April and September 2024, three technical meetings were held on Convention No. 87. The Committee has no knowledge of whether those meetings are the meetings to which the Government refers, or whether additional meetings were held at a later date. The Committee therefore once more 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 aforementioned plan of action.
17. 739. Recalling once again 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 urges the Government to adopt, without delay, the measures necessary to engage in dialogue on the matters in the present case, both during the aforementioned meetings and during the next session of the Social Dialogue Forum. The Committee requests the Government to keep it informed of the progress and outcome of that dialogue and strongly encourages it to hold, as soon as possible, the fifth session of the Social Dialogue Forum.

The Committee’s recommendations

1. 740. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to provide, at the earliest opportunity, a copy of the full appeal judgment in the case of Professor Robert Franco and to keep it informed of the conditions of his detention and transfer. The Committee also requests the Government and the complainant organizations to keep it informed concerning any cassation appeal lodged against the judgment handed down in the second instance;
   • (b) The Committee urges 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. The Committee urges the Government to transmit this information at the earliest opportunity;
   • (c) The Committee once again strongly urges the Government to keep it informed concerning the situation of each of the leaders mentioned in the case and 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, as well as Ms Lourdes Villarreal and Messrs Carlos Alberto Gómez Durán, Fernando Serrano, Fidel Brito, Yanny González, Enrique Vásquez Lagonell, Roberto Campero and Nelson Torrealba, are fully released and that the charges brought against them are dropped;
   • (d) The Committee once again requests the Government to provide its observations on alleged acts of harassment, persecution and intimidation against trade union leaders since the July 2024 presidential elections;
   • (e) The Committee urges the Government to adopt, without delay, the measures necessary to engage in dialogue on the matters in the present case, both during the meetings provided for under the plan of action and during the next session of the Social Dialogue Forum. The Committee requests the Government to keep it informed of the progress and outcome of that dialogue and strongly encourages it to hold, as soon as possible, the fifth session of the Social Dialogue Forum;
   • (f) The Committee draws the Governing Body’s attention to the serious and urgent nature of this case.