HRF Welcomes IA Court HR Ruling on Case of Lopez Mendoza

HRF Welcomes IACourtHR Ruling on Case of López Mendoza, Asks Venezuela to Comply

NEW YORK (September 19, 2011) – The Human Rights Foundation (HRF) welcomes the Inter-American Court of Human Rights (IACourtHR ) ruling in the case of López Mendoza v. The Bolivarian Republic of Venezuela. The ruling, published Friday in Spanish, determined that the disqualification of opposition politician López Mendoza violated his political rights under Article 23 of the American Convention on Human Rights. The IACourtHR also asked Venezuela to lift Lopez Mendoza’s disqualification.

This decision confirms that the only way to impose sanctions that ban a person from standing for election or holding public office, is through criminal conviction, and not through administrative or judicial interim decisions.

"The Court’s ruling makes this a landmark case for the entire region, as it affects not only Venezuela, but countries like Argentina, Bolivia, Chile, Colombia, Costa Rica, Mexico, and Peru—all of which allow restrictions on political rights that fall below the criminal conviction standard," said Javier El-Hage, general counsel of HRF.

On February 25, HRF filed an amicus curiae brief with the IACourtHR and asked the Court to ratify the standard set in Article 23 of the Convention, under which the state may deprive a person of their political rights only after that individual is convicted as the result of a criminal trial according to due process. In 2008, with no court sentence and under charges of corruption, López Mendoza was banned from running in any election in Venezuela for the next six years.

In 2008, polls predicted López Mendoza as a favorite to win election to the office of mayor of Caracas. Today, López Mendoza is a possible candidate for the 2012 presidential elections, and hopes to stand in the primary elections that will be convened by “La Mesa de la Unidad,” a coalition of political parties that oppose President Hugo Chávez.

In June of 1981, the Venezuelan state recognized the jurisdiction of the IACourtHR, thus rendering its rulings are binding in that country. “Given that López seeks to enter the presidential race, if Venezuela does not comply with the ruling, then the 2012 presidential elections can hardly be considered fair, according to the international minimum standard for elections," concluded El-Hage.

HRF is a nonprofit nonpartisan organization that protects and promotes human rights globally, with an expertise in the Americas. We believe that all human beings are entitled to freedom of self-determination, freedom from tyranny, the rights to speak freely, to associate with those of like mind, and to leave and enter their countries. Individuals in a free society must be accorded equal treatment and due process under law, and must have the opportunity to participate in the governments of their countries; HRF’s ideals likewise find expression in the conviction that all human beings have the right to be free from arbitrary detainment or exile and from interference and coercion in matters of conscience. HRF does not support nor condone violence. HRF’s International Council includes former prisoners of conscience Vladimir Bukovsky, Palden Gyatso, Václav Havel, Mutabar Tadjibaeva, Ramón J. Velásquez, Elie Wiesel, and Harry Wu.

Contact: Pedro Pizano, pedro@thehrf.org, Office: +1 (212) 246.8486

Read the March 1 release “HRF Files Amicus Brief with the Inter-American Court of Human Rights; Court’s Decision Could Set Precedent for Protecting Political Rights” here.

Read the amicus brief filed by HRF with the Inter-American Court of Human Rights here.

To learn more about López Mendoza’s case, watch his speech at HRF’s annual conference, the Oslo Freedom Forum

The denial of medical treatment as a tool of torture in Venezuela

The following article was published in “La Razón”, a Venezuelan weekly newspaper of national circulation, on 14 June 2011. It has become even more relevant in light of the surgery and complementary treatment President Chávez has received in Cuba in order to cure his own cancer. (Comment and translation into English by Enrique ter Horst).

The denial of medical treatment as a tool of torture in Venezuela.
By Tamara Suju Roa
A number of unjustly imprisoned Venezuelans – political prisoners - have had recourse to public scandal and international protection mechanisms, hunger strikes and other forms of protest in order to secure permission from the Venezuelan state to receive urgently needed medical treatment. The cases that come to mind immediately are the ones’ of Judge Maria Lourdes Afiuni, whose bleeding was allowed to continue for months before she was permitted to have the hysterectomy she needed, as well as the case of Wiiliam Saud, operated for four heart bypasses and treated for skin cancer only after the peaceful protests by the students of Operacion Libertad pressured the government to relent and allow the operation.
The right to health, however, is consecrated in article 83 of the Constitution of Venezuela as part of the right to life and as an obligation of the state, but its arbitrary and systematic denial to those unjustly imprisoned for political reasons clearly constitutes a form of torture. To deny medical attention to someone already psychologically weakened by arbitrary detention, as well as entirely dependent on the whim of those in power, is certainly a form of cruelty. One must imagine someone in such a situation, closed-in between four walls, fearing that treatment quite probably will be denied on purpose, his or her family fearing that the perversion of the power of the state can lead to his death and only able to scream to the world the outrage he or she is being subjected to. That is, if the scream can be heard beyond the prison walls.

The Government of Venezuela not only violates Venezuelan laws ordaining the protection of the right to life and health, but all international conventions and treaties, including the Universal Declaration of Human Rights, the American Convention on Human Rights, the United Nations Standard Minimum Rules for the Treatment of Prisoners, and I dare also include the UN Convention against Torture and other Cruel, Inhuman or Demeaning Treatment or Punishment, as the concept of torture included therein is applicable to the treatment Venezuelan political prisoners are subjected to.

Indeed, according to this Convention, by “torture” shall be understood “…any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity….” (Article 1).

I ask the reader if under this concept the denial by the Venezuelan state to allow Alejandro Peña Esclusa, imprisoned in the dungeons of the SEBIN, the political police, to be treated for his prostate cancer is not torture, in addition to cruel and inhuman treatment? Let us recall that a month before his detention Peña Esclusa was operated for a radical prostatectomy and could not receive the necessary radio therapy for the complete eradication of his illness, and has suffered a relapse of the cancer. In order to benefit from this therapy Peña Esclusa requires a judicial authorization to receive such treatment in an aseptic environment only available in an appropriate health center, a measure of surveilled liberty for humanitarian reasons foreseen in the Criminal Procedure Code and which an independent judge would accord as a matter of routine but which now is arbitrarily denied to him. Is the government waiting for his cancer to methastasize?

Police Commissioner Lázaro Forero urgently requires medical examination to determine the extent of his prostate enlargement and treatment for posible glaucoma. Metropolitan Police Officer Erasmo Bolívar requires to be operated on a knee and to be treated on his left eye after having been operated on his retina. Rolando Guevara suffers from a lumbocyatic hernia since August 2007 (diagnosed by doctors of the SEBIN and the Investigative Police) which has not been treated, and Jose Sanchez suffers from cronic gastritis and severe lumbago and needs rehabilitation treatment.

The government, in particular the Minister of the Interior and Justice, is in full knowledge of all of the above, as the provision of medical attention to the political prisoners mentioned by name are part of the agreement the government reached with the students of the so called Operación Libertad protest organized in front of the OAS office in Caracas. The Venezuelan State is the custodian of each of these prisoners of the Venezuelan “justice” system and is therefore responsible, by action and/or omission, of what might happen to them. These particular cases entail a special responsibility for the government, as in spite of its knowledge of their situation it denies them the right to health.

A ridiculous cadena to hide the Sur del Lago protests

I like how Daniel Duquenal writes, here is his blog:

http://daniel-venezuela.blogspot.com/

vdebate reporter

Sur del Lago people are resisting. The legislative assembly of the state moved down there to seat, the representatives elect are stirring the pot, the regime sent a Cuban general! A Cuban general to direct the repression, how appropriate!!!So, all of this is playing in Globovision and apparently whoever has access to Globovision is watching. That is too many people, no matter how many. So Chavez has prepared a cadena that has just started for the graduation of some of the new National Police that reaches its first year of existence. As far as we can tell the new National Police has made no dent on the crime rate of Venezuela however it has shown that it has been well trained for repression as we could see from the protest in Caracas subway about three weeks ago.In other words the cadena is useless but it serves a censorship purpose, the more so if as it is quite possible the regime decides to strike against the people blockading the roads.

Twitter photo venezuelan protest

Great link

http://www.foxnews.com/slideshow/scitech/2010/01/29/twitter-photos-venezuelan-protests?

PMBComments | US Senate Committee Staff Weighs in on Insulza's Mess at the OAS

I think that Insulza has done nothing on the favor of Venezuelans. The situation in Venezuela have gone worse. I want the new Chilean presiden: Mr. Pinera kick him out of the OAS, he also has a strikeout.

vdebate reporter

PMBComments Attached you will find the US Senate report (drafted by Republican Staff of the very important Committee on Foreign Relations) titled "Multilateralism in the Americas: Let's Start by Fixing the OAS" that is the subject of the following Miami Herald and La Nación (Argentina) stories (read below).

OAS.pdf

Not that many people in the world, or even in our hemisphere, care for the OAS, an organization that has become disjointed and inconsistent under the leadership of its seemingly cowered Secretary General El Panzer (1), Jose Miguel Insulza. Nevertheless the study is brief enough to be worth a read by those of us who instinctively believe in the power, or the ultimate need, of multilateral mechanisms.

The conclusions of the report are reasonable and should be implemented ASAP. In addition to the need to focus SERIOUSLY on democracy and human rights, it calls for improved financial controls, and it ends chastising Insulza for his selective actions on behalf of democracy in the region it (highlights - as I have done on previous PMBComments - his repeated blunders in Honduras, his cowardly silence on Nicaragua and Venezuela, and his obsession with playing domestic politics in his native Chile). The report ends with a call to the member states to get their collective act in shape and worry about the kind of leadership that they elect on March 24th. While not calling outright for Mr. Insulza to abandon his hopes for a second term it states that his first term was a real disappointment.

Will this report hurt Insulza as the Miami Herald implies? Who knows? Countries - actually governments - like Brazil, that are die hard supporters of both Hugo Chávez and a weak OAS might actually redouble their efforts to give El Panzer 5 more years to graze in DC. Chileans - outgoing and incoming - might rally around him even though his misdeeds have lessened the country's well deserved influence and moral standing in the region. An then we have Venezuela which seems intent on a now farcical candidacy of its own making (let's remember Insulza was their darling in 2005. many still wonder why that was the case; What did Chávez and his acolytes know about Insulza that gave them comfort to have him at the helm of the OAS?). Putting these, and other considerations and calculations aside, it would benefit the OAS that Insulza does not push his luck and further traumatize the organization by pursuing a reelection he has most definitely not earned. PMB

(1) According to a top Chilean political analyst, Insulza loves the moniker El Panzer, which would seem to denote ruthless strength as in German tank, or armored military force, but in fact the this Congressional report highlights his sloppy management of the organization and his less than forceful resolve when it comes to facing the thugs that are really bullying democracy in the region. You can see the joy when he insults Honduras' Roberto Micheletti, and we have all witnessed his less than muscular response to Hugo Chávez 24/7 shenanigans. There is no panzer there.

Miami Herald
Congressional report could hurt OAS leader's reelection efforts
BY JUAN O. TAMAYO

JTAMAYO@ELNUEVOHERALD.COM

http://www.miamiherald.com/news/miami-dade/breaking-news/story/1447097.html

The head of the Organization of American States' campaign to win reelection took a hit Tuesday from a report complaining the OAS has failed to stop elected presidents from eroding democracy in the region.

``Given the challenges described in this report, no reelection should be rushed or rubber stamped,'' the U.S. congressional staff report said. ``Any reelection should involve a deliberative evaluation of the incumbent's first term in office.''

OAS Secretary General José Miguel Insulza, a Chilean socialist whose five-year-term ends in May, has said he wants to be relected, and so far is the only candidate. The 34-nation OAS is scheduled to vote Wednesday on holding the election in March.

But the report's withering criticism of the OAS and his performance may bolster opposition to Insulza's candidacy. Some Obama administration officials view him as too soft on leftists such as Venezuelan President Hugo Chávez.

Washington provides 37 percent of the OAS' total budget.

Commissioned by Sen. Richard Lugar of Indiana, the ranking Republican on the Senate Foreign Relations Committee, the report was written by Carl Meacham, his senior staffer on the committee.

The report noted the OAS acted decisively when a military coup briefly toppled Chávez in 2002 and when Honduran President Manuel Zelaya was ousted and expelled from the country last summer. The organization also is strong on election monitoring, cooperation on counter-drug and counter-terrorism and the protection of human rights.

But the hemispheric body did little as Chávez and Zelaya slowly undermined democracy in their respective countries, the report added, arguing that those maneuverings in essence sparked the efforts to topple the two presidents.

``In both cases the OAS reacted forcefully to the [presidents' ousters] . . . yet it had demonstrably failed to respond to the erosion of democratic institutions by elected presidents that preceded the coups,'' it noted.

The report also said Insulza's strong support for Zelaya following his ouster complicated efforts to resolve the crisis, and that the OAS has failed to act as Chávez cracks down the Venezuelan news media and as Nicaraguans complain of massive fraud in elections last year.

The OAS also faces a $9.6 million budget shortfall in 2011, the report added, and will have to either raise members' contributions or tighten its belt and cut back on activities, the report added.

``The OAS requires a renewed effort to make it effective and financially solvent in the coming decade,'' Lugar wrote in a letter submitting the report to the Senate Foreign Relations Committee.

Insulza, a former interior and foreign minister in Chile's socialist governments, was elected secretary general in 2005 after a string of 17-17 votes against the U.S.-backed candidate, Mexican Foreign Minister Luis Ernesto Derbez.

Washington helped break the stalemate by throwing its support behind Insulza after he publicly promised to make the OAS a strong protector of democracy in the region, specifically mentioning Venezuela and Cuba.

His reelection prospects were complicated earlier this month when Chileans elected center-right candidate Sebastian Piñera as their next president. Without his own country's endorsement, Insulza's chances for reelections would be diminished.

Piñera has not yet said whether he will support Insulza, who campaigned for the center-left candidate in the presidential race, Eduardo Frei.

http://www.lanacion.com.ar/nota.asp?nota_id=1225979

La OEA, en la mira del Congreso de EE.UU.

Críticas a Insulza en un informe republicano
Martes 26 de enero de 2010 Publicado en edición impresa

WASHINGTON (De nuestra corresponsal).- La crisis de Honduras parece haber sido el disparador. Pero lo cierto es que, tras meses de marchas y contramarchas, la habilidad de la Organización de los Estados Americanos (OEA) para intervenir en crisis institucionales está en la mira en esta ciudad. Parte del descontento apunta contra su titular, el chileno José Miguel Insulza.

"La OEA tiene que resolver una cuestión crucial de liderazgo. El secretario Insulza no ha cumplido con las promesas que hizo al asumir y, por la salud de la institución, es conveniente que los países miembros consideren las condiciones que debe tener su titular y no den por garantizada ninguna reelección", dice un durísimo informe del Congreso norteamericano.

Titulado "Multilateralismo en América. Empecemos por arreglar la OEA", el documento , al que tuvo acceso LA NACION, fue elaborado por la oficina del senador republicano Richard Lugar, uno de los hombres más influyentes en la Comisión de Relaciones Exteriores del cuerpo.

De 27 páginas, el informe, sumamente crítico sobre la situación de la OEA y la gestión de su actual titular, será formalmente difundido en los próximos días.

Si bien destaca la trascendencia de la organización americana, el documento pone en duda su eficacia a la hora de trabajar en la promoción de la democracia en la región.

"Tiende a reaccionar cuando hay una situación clara de golpe de Estado, pero no cuando hay un deterioro gradual de la democracia por culpa de gobiernos que abusan de sus poderes constitucionales", subraya.

También señala la grave crisis financiera que atraviesa la organización, con dinero siempre insuficiente, lo que se traduce en incapacidad real para operar. Estados Unidos es el país que carga con la mayor parte del sostén económico de la entidad. Y a la luz de los refuerzos presupuestarios que deberían hacerse, el impacto del informe podría ser crucial.

La nota es especialmente crítica en lo que se refiere al manejo de la organización y de su secretario general en la reciente crisis de Honduras, donde, entre otros puntos, reprocha la falta de capacidad para lograr "un compromiso" entre las dos partes en juego. Y el hecho de que esa incapacidad motivara la intervención de otros actores internacionales.

En el tramo final, el texto carga especialmente contra Insulza, a quien cuestiona por haber estado "más atento al destino político de Chile", con una situación especialmente complicada en lo personal por haberse manifestado "públicamente" a favor del derrotado aspirante Eduardo Frei.

En el informe se acusa a Insulza de aplicar una "política selectiva de defensa de la democracia", en referencia a las situaciones en Venezuela y Honduras. "La asociación del secretario general con el abortado intento de retorno del presidente Manuel Zelaya, el 5 de julio, dañó seriamente la imagen de la OEA como un agente honesto", afirma.

"Desafortunadamente, la OEA está fallando en su misión. Hoy por hoy, si más gobiernos del hemisferio se vuelven poco democráticos, la OEA será aún menos capaz de reforzar, colectivamente, los procedimientos para reforzar la democracia", afirma el texto, que lleva como carta de presentación una nota firmada por el senador Lugar.

Miss Venezuela wins Miss Universe pageant in Vietnam

Miss Venezuela wins Miss Universe pageant in Vietnam
NHA TRANG, Vietnam (AFP) — Miss Venezuela, 22-year-old Dayana Mendoza, won the Miss Universe pageant held in Vietnam on Monday, beating runners-up from three other Latin American countries and Russia.

Mendoza, who had been the favourite of many pageant watchers and online bookmakers, clinched the diamond-studded gold crown after answering a question on the difference between men and women.

"Men think that the fastest way to go to a point is to go straight," explained the trilingual beauty from Amazonas state. "Women know that the faster way to go to a point is to go to the curves."

Wearing a yellow evening gown, she burst into tears of joy when the presenter, US talkshow host Jerry Springer, announced she had won, beating runners-up up from Colombia, the Dominican Republic, Russia and Mexico.

Her prize package includes cash, a year-long contract promoting Miss Universe, world travel, a rent-free New York City luxury apartment and a giftbag stuffed with free designer shoes, dresses and beauty products.

In the world of beauty contests, Venezuela -- where beauty contests are held in schools, villages and even prisons -- is considered a "pageant superpower" with four previous Miss Universe and five Miss World winners.