E/CN.4/1997/7/Add.3
page 7
of the judicial system mentioned below, or simply because they cannot afford
the legal costs involved, both the official kind and those due to widespread
corruption. The Special Rapporteur’s impression was that more complaints are
being lodged nowadays than a few years ago, thanks to efforts by human rights
organizations. Generally speaking, however, and with the exception of a few
specific cases, lawyers do not appear to make an essential contribution to
bringing and moving the cases of tortured victims before the courts. On the
other hand, most torture victims do not have the assistance of a lawyer in the
hours or days following their arrest.
15.
A study by NGOs on the World Bank and the judicial reform in Venezuela
reports the following about the people’s access to lawyers' services:
“In view of existing requirements regarding the right procedures and the
registration of correctly drafted documents, combined with the
prevailing administrative chaos, any legal matter of any importance
requires the assistance of a lawyer. The vast majority of the
low-income population, however, cannot afford to hire a lawyer, which
means that they are in effect denied access to the legal system. (...)
Venezuelan law does provide for the possibility of legal aid for persons
who cannot afford to hire a lawyer. The legal aid system, however, is
fraught with problems.” One of these is that “there are not enough
legal aid lawyers to cope with the heavy load of cases processed by the
judicial system. For example, in 1993, 157 legal aid lawyers shared a
total of 45,702 cases between them (...). The quota of cases per lawyer
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later rose to 348 in 1995”.
16.
Despite the foregoing there are cases in which complaints are lodged.
It is even quite common for victims to go to the media, which regularly
publish information on incidents of torture, especially when the events in
question have affected an entire group. The non-governmental organization
Red de Apoyo por la Justicia y la Paz
counted a total of 50 complaints of
torture or cruel, inhuman or degrading treatment in the press in January 1996,
61 in February, 58 in March, 59 in April and 57 in May. Although the Special
Rapporteur cannot say whether the information published in the press is
accurate, he does believe that repeated complaints of this type are an
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indication of some truth.
17.
The paragraphs below contain examples of cases of torture, most of which
allegedly took place in 1995 and 1996, which came to the Special Rapporteur’s
attention either through direct testimony from the victims or through
information from reliable non-governmental organizations, such as the
Sub-Commission on Human Rights and Constitutional Guarantees of the Chamber of
Deputies.
18.
Fifteen-year-old David Rodríguez, 22-year-old José Tores and 30-year-old
Luis Urbano were arrested on 26 March 1995 by the Metropolitan Police in Nueva
Tacagua, Caracas. David Rodríguez allegedly had his wrists bound and a bag
containing tear-gas placed over his head; he was also beaten with a blunt
object and received cigarette burns on his ankles. José Tores was allegedly
severely beaten with blunt objects while handcuffed and had his head banged
against the wall repeatedly; Luis Urbano had a bag containing tear-gas placed
over his head and was beaten.