37
risk of flight and procedural hindrance, and increasing applicable penalties; (b) the Law
on Fighting Corruption, Illicit Enrichment, and Investigations of Wealth (“Marcelo
127
introduced as part of the State policy for combating
Quiroga Santa Cruz Law”),
corruption, and which establishes a direct relationship between Criminal Code offenses
and corruption and illicit enrichment and creates eight new offenses with sentences to
which measures other than pretrial detention seldom apply, allows for the retroactive
128
enforcement of criminal law in corruption cases, and introduces other provisions; and
129
(c) the Law Amending the Criminal Justice System, which adds an additional five
factors for determining flight risk, expands the waiting period for requesting the
termination of pretrial detention, and creates a regime for the immediate treatment of
in flagrante offenses that includes a definition of those offenses that is too broad and
unspecific in its temporal scope. In addition to these three laws, other amendments
have recently been made to the criminal justice system, involving the creation and
130
modification of offenses and the stiffening of penalties.
85.
Similarly, the Venezuelan Prisons Observatory (OVP) reported that
Venezuela’s Organic Code of Criminal Procedure was amended on six occasions in the
years 2000, 2001, 2006, 2008, 2009 and 2012, and that instead of resolving the
problems in the administration of criminal justice, those reforms have increased the
incarceration rate, which rose from 58.4 per 100,000 inhabitants in 2000 to 170 in
131
2011.
86.
One of the key elements in this regional trend toward the heightened
use of incarceration as a social control mechanism is the increased harshness of pretrial
detention and its different mechanisms. The reforms have been largely justified by the
perception among certain sectors that restricting this measure to exceptional cases
implies impunity; or, as is often said in the discourse of penal populism, “creates a
revolving door” through which criminals emerge only a short time after their arrest, or
because it is believed that certain crimes, by reason of their seriousness or frequency,
should immediately lead to the incarceration of the accused. The main factor is,
however, a perception of public insecurity and mistrust of the justice system. As a
127
Plurinational State of Bolivia, Law 004 of March 4, 2010.
128
This statute also provides for the nonapplicability of statutory limitations in corruption offenses,
aggravating factors for the penalties imposed in corruption-related offenses, the suspension of the statutory
limitation deadline in criminal actions following a declaration of contempt, and the inadmissibility of
conditional suspensions of sentence and judicial pardons in corruption cases (Art. 34).
129
Plurinational State of Bolivia, Law 007 of May 18, 2010.
130
Law against Racism and All Forms of Discrimination (Law 045 of October 8, 2010), Law for the
Legal Protection of Children and Adolescents (Law 054 of November 8, 2010), Pensions Law (Law 065 of
December 10, 2010), Law of Development and Border Security (Law 100 of April 4, 2011), Law against the
Funding of Terrorism and Separatism (Law 170 of September 9, 2011), the Constitutional Procedural Code
(Law 254 of July 5, 2012), Law on the Regime for Freezing the Funds and Other Assets of Persons with Ties to
Terrorism and its Funding (Law 262 of July 31, 2012), Law on Trafficking in Human Lives (Law 263 of July 31,
2012), and Law on the National Citizen Security System (Law 264 of July 31, 2012).
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Response to the questionnaire for the IACHR’s thematic Report on Pretrial Detention in the
Americas, Venezuelan Prisons Observatory, October 2, 2012.
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