CAT/C/VEN/CO/3-4
(c)
Ensure that no individual or group is threatened or subjected to physical
or other abuse or publicly discredited for providing information to the Committee
against Torture or to other United Nations human rights bodies that are performing
their respective mandates.
Extrajudicial killings
15.
The Committee is dismayed by reports of a widespread pattern of extrajudicial
killings committed by police or vigilante groups and notes that, according to the replies to
the list of issues, 667 killings were committed by law enforcement officers in 2012 and 600
in 2013. Some of those killings reportedly occurred despite measures in place to protect
victims, as was true of 8 of the 10 killings of members of the Barrios family (arts. 2, 12, 13
and 16).
The State party should take steps immediately to put an end to these crimes and
comply fully with its obligation to ensure that extrajudicial killings are investigated
promptly, thoroughly and impartially and that the alleged perpetrators are brought to
justice and, if found guilty, duly punished.
Judicial independence
16.
The Committee is seriously concerned about the judiciary’s lack of independence
from the executive branch, as evidenced by the case of Judge María Lourdes Afiuni, who,
having ordered the conditional release of a detainee whose detention had exceeded the legal
maximum length and had been considered arbitrary by the Working Group on Arbitrary
Detention, was imprisoned after the executive had publicly requested that she be sentenced
to 30 years’ imprisonment. The Committee notes that Judge Afiuni was held in pretrial
detention for more than a year in conditions that threatened her health and safety and is
deeply troubled by reports that she was sexually assaulted by a public official during her
detention. The Committee finds it regrettable that, even though this offence was a publicly
actionable one, the State has thus far not on its own motion instigated an investigation. The
Committee also notes with concern that security of judicial tenure is not guaranteed, since
62 per cent of judges are temporary and can be appointed or removed at will. The
Committee is concerned that the prosecution of Ms. Afiuni and the dismissal of temporary
judges, allegedly for adopting decisions unfavourable to the Government, have had a
negative impact on the independence of other judges, undermining the safeguards of the
rule of law that are necessary for effective protection against torture (arts. 2, 12 and 13).
The State party should:
(a)
Conduct promptly and of its own motion a thorough and impartial
investigation into the allegations of torture and ill-treatment in the form of sexual
assault allegedly committed against María Lourdes Afiuni during her detention at the
National Women’s Guidance Institute;
(b)
Ensure that Ms. Afiuni receives a fair and independent trial and
adequate compensation for the physical and mental harm she suffered during her
detention;
(c)
Respect the principle of presumption of innocence and refrain from
public acts or statements that could have a negative influence on the independence of
the judiciary;
(d)
Take steps, as a matter of urgency, to ensure the full independence and
non-removability of judges in conformity with applicable international standards.
Specifically, the State party should, as soon as possible, organize independently
administered public competitive examinations for entry into the judiciary, put an end
GE.14-24172
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