E/CN.4/2000/9/Add.1
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in accordance with the international conventions ratified by Venezuela. The bill was to be
evaluated by the National Human Rights Commission in consultation with NGOs, together with
the Human Rights Bill.
135. The Rapporteur recommended that the absence of marks of torture should not necessarily
be treated by the Public Prosecutor’s Office or judges as proof that allegations of torture were
false. The Government pointed out that the CCP would make statements made during the oral
proceedings the sole testimony with probative value, and that confession no longer carried
greater weight than other forms of testimony.
136. The Rapporteur recommended that nudo hecho proceedings should not be allowed to
delay the opening of criminal proceedings against public officials for more than a few weeks,
and that they should not be subject to a statutory limitation period. The Government stated that
nudo hecho proceedings had been eliminated under the new CCP, with the exception of cases
involving the President of the Republic or other senior State officials.
137. The false denial to a representative of the Public Prosecutor’s Office of a person’s
detention or the refusal of that representative’s access to a detainee should be vigorously pursued
as an act requiring instant dismissal of those responsible for the place of detention. The
Government stated that action to dismiss a person responsible for a place of detention could only
be ordered as the maximum penalty in an administrative disciplinary process.
138. The Rapporteur recommended that representatives of the Public Prosecutor’s Office
should be rotated so as to avoid becoming overtly identified with law enforcement or military
personnel in a particular locality or place of detention. The Government stated that the new CCP
stipulated: “Prosecutors shall not be attached to a particular court or police unit; regional
organization shall be based on the principles of flexibility and teamwork; prosecutors shall be
appointed by area of expertise or territorial competence in accordance with the needs of the
service”.
139. The Rapporteur recommended that the judiciary should monitor conditions of detention
or imprisonment closely and systematically to ensure that they were consistent with the
prohibition of cruel, inhuman or degrading treatment or punishment and with respect for human
dignity enshrined in the international human rights instruments. The Government stated that the
CCP assigned supervision of the enforcement of the prison regime to the responsible court,
which would, in particular, take measures for the inspection of prisons in which members of the
Public Prosecutor’s Office would be able to take part. The judges making such visits would call
on the competent authority to take the necessary measures to remedy and prevent any
deficiencies noted.
140. Concerning the adoption, as a matter of urgency, of measures aimed at reducing the
number of pre-trial detainees, the Government indicated that the CCP made pre-trial detention an
exception, in that no citizen could be detained without judicial authorization. A new feature was
compensation of the accused for excessive time spent in detention, either on acquittal or on
reduction of his sentence following a review of the proceedings, unless he himself had been
responsible for the proceedings against him.
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