Tools of Torture and Repression in South America
contravene Basic Principle 7 of the BPUFF which states: ‘Governments shall ensure that
arbitrary or abusive use of force and firearms by law enforcement officials is punished as a
criminal offence under their law.’
3) Venezuela: Military authorised to use firearms for crowd control purposes
In 2015, days before the one-year anniversary of the beginning of the three-month long 2014
protests, the Venezuelan Ministry of Defence passed a resolution establishing a set of norms
permitting members of the armed forces to carry out functions for the ‘control of public
order, social peace and civil coexistence in public meetings and protests’.22
In keeping with international human rights standards, Resolution 008610 stipulates that
armed forces must protect the right to life over all other rights and interests and affirms that
the use of force for the purposes of the resolution must be governed by the principles of,
inter alia, legality, necessity, proportionality and the progressive, differentiated use of
force.23
However, critics have claimed that Resolution 008610 is overly vague in relation to the use
of firearms by members of the armed forces,24 while others allege that permitting the military
to use firearms to control public demonstrations violates Article 68 of the Venezuelan
Constitution.25 Article 15(9) of the Resolution states: ‘[Members of the Armed Forces] will not
carry or use firearms in controlling public meetings and peaceful demonstrations, unless, due
to the necessity and proportionality of the means used to counter [the public meeting or
peaceful demonstration], their carriage and use is necessary.’ Article 22 provides further
guidance on the use of firearms, permitting members of the armed forces to employ
potentially lethal force when a situation of lethal danger has been created. Omega is
concerned that these provisions regarding the use of firearms by members of the armed
forces do not conform with Principle 9 of the BPUFF, particularly with regard to the
requirements that the threat to life be imminent and that firearms can only be used when
strictly unavoidable in order to protect life.
In its response to an Urgent Appeal sent by four UN Special Rapporteurs,26 the Venezuelan
Government stated that the armed forces would only be called upon to aid in maintaining
internal order in exceptional circumstances, either to intervene in violent protests or for
preventive purposes when, due to the size of peaceful protests, police capacity is
<http://internacional.elpais.com/internacional/2014/02/21/actualidad/1392953601_330935.html> [accessed
31 May 2016].
22
Resolución No. 008610, Normas sobre la actuación de la Fuerza Armada Nacional Bolivariana en funciones
de control del orden público, la paz social y la convivencia ciudadana en reuniones públicas y manifestaciones,
published in the Official Gazette of the Bolivarian Republic of Venezuela,
<http://cdn.eluniversal.com/logoseud/2015/01/29/Gaceta%20oficial%2040.589.pdf> [accessed 31 May 2016].
23
Ibid. Articles 5.1 and 5.5.
24
‘Venezuela allows possible deadly force at protests,’ BBC, 31 January 2015,
<http://www.bbc.co.uk/news/world-latin-america-31070279> [accessed 31 May 2016].
25
‘ONU critica a Venezuela por resolución 8610,’ Últimas Noticias,
<http://www.ultimasnoticias.com.ve/noticias/actualidad/politica/onu-critica-a-venezuela-por-resolucion8610.aspx> [accessed 31 May 2016].
26
Office of the High Commissioner for Human Rights, Communications report of special procedures, 2015, UN
Doc. A/HRC/30/27, Ven 1/2015.
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