GENEVA - The arbitrary detention and imminent deportation of three Venezuelan political dissidents and a human rights defender living in exile in the United States would breach international human rights law and refugee law, UN experts* warned today.
Dehivis David Olivo Hernández, Gregory José Sanabria Tarazona, Teobaldo Antonio León and Wilmer Alexander García Vallenilla face deportation to Venezuela based on unsubstantiated allegations that they pose national security risks to the United States, the experts said.
"We are alarmed that their deportation would violate the principle of non-refoulment, which prohibits the transfer of individuals to any country where they face a real and foreseeable risk of arbitrary deprivation of life, torture, enforced disappearance, arbitrary detention, persecution, unfair trial, or other serious human rights violations," they said. This protection applies regardless of migration status or nationality.
The US Government claims, without evidence, that the four Venezuelans are affiliated with the criminal organisation Tren de Aragua, which has been wrongfully designated by the United States as a terrorist organisation. This, in turn, has exposed them to summary deportation under the Alien Enemies Act, since the United States unlawfully asserts that Tren de Aragua is committing an "invasion or predatory incursion" into the US at the direction of Venezuela.
"We are sounding the alarm that these individuals face serious human rights violations if returned to Venezuela," the experts said. "At least two have suffered documented acts of torture in Venezuela. All are at risk of further persecution, abuse or enforced disappearance."
The US has an obligation to uphold these protections as a party to the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and under customary international law.
"We are particularly concerned that deportations are imminent despite the lack of individual assessment of the risks to them in Venezuela, especially due to their prior political activities or human rights work," the experts said.
They also raised concerns about their detention, noting that the individuals were reportedly apprehended during routine immigration or court appointments, without adequate notice or reason and reportedly denied opportunities to access legal assistance and to effectively challenge their deportations and claim non-refoulement.
"The US Government must immediately halt the deportations of these four individuals and conduct proper individualised assessments in line with international law," the experts said. "Authorities must guarantee access to effective remedies, and refrain from further actions that may place them or any other deportees at risk of serious human rights violations."
"Venezuela must also guarantee the safety, dignity, and rights of the four individuals should they be returned," the experts said.
In line with international human rights law, the experts called on the Venezuelan authorities to ensure that none of the individuals or their family members are subjected to reprisals, including detention, or prosecution for peacefully exercising their freedom of expression, association and assembly and their right to participate in public affairs.
"All allegations of human rights violations by any national authorities must be independently investigated and effective remedies provided to the victims," the experts said.
They have been in contact with both Governments on these issues.
