PANAMA / GENEVA - The UN Fact-Finding Mission on Venezuela cautiously welcomes the National Assembly's initial approval of the draft Amnesty Law for Democratic Coexistence. But the measure must not proceed without rigorous oversight that ensures transparency, accountability, and the safe, meaningful involvement of victims, their families and civil society.
"An amnesty law offers an opportunity to provide justice and alleviate the suffering of the many people who have been unlawfully detained for political reasons in Venezuela," said Alex Neve, an expert of the Fact-Finding Mission. "However, its legitimacy and impact depend on a transparent and inclusive process that is fully grounded in international human rights law."
"This law has the potential to contribute to restoring rights and repairing Venezuela's social fabric, but the voices of the countless Venezuelans whose rights have been violated in the country's prisons, as well as the civil society organizations who have assisted and defended them, must be at the centre of this process," Neve said.
The Fact-Finding Mission welcomes the fact that the text of the draft law has now been made public. However, it remains concerned about the absence of informed, inclusive, and safe public consultations.
Although a Special Commission has been established to promote public consultation on the bill, a law of this magnitude requires a transparent process, with meaningful participation from victims, their families and civil society, under conditions that guarantee their safety and their ability to exercise their right to freedom of expression.
The draft law states that the purpose of the amnesty is to promote peace, democratic coexistence, and national reconciliation. In that regard, it is essential that it be implemented comprehensively and transparently.
"It is concerning that amnesties will only be granted in relation to political and related offences, while leaving out other forms of criminalization, such as civil, administrative, labour, or disciplinary proceedings," said María Eloísa Quintero, expert member of the Fact-Finding Mission. "An amnesty of limited scope risks excluding many people persecuted for political reasons and does not, on its own, guarantee the full restoration of their rights."
As currently drafted, the law may not extend to individuals who have been charged or convicted for political reasons pursuant to offences that are not, on their face, political - such as public property offences - or are outside the events listed in Article 6 of the law. It may also exclude individuals prosecuted or convicted under legal instruments used to restrict civic space and facilitate persecution for political reasons, as well as cases handled under military jurisdiction.
The Fact-Finding Mission underscores that any amnesty law must provide clear mechanisms for its implementation, independent oversight, and accessible channels for reporting abuses, and must not be subject to undue margins of discretion.
"It would be advisable for the judicial verification procedure to include the participation of victims and their families, their representatives, and human rights organizations, in order to prevent the law from being instrumentalized or applied in a manner incompatible with international standards," Quintero said. "That is all the more important as we must not forget accountability. No sustainable transition can be built on impunity."
"It is critical that the process of releasing prisoners, already underway, continues without interruption. We reiterate our call for all political prisoners to be released immediately and unconditionally," Neve said. "The legislative debate over the Amnesty Law cannot delay the urgent measures needed to protect their rights, especially in light of reports we have received in recent weeks of the serious deterioration of the health of detainees, and deaths in custody."
The Amnesty Law must be accompanied by structural reforms to dismantle the legal framework and practices that have enabled persecution for political reasons, so as to prevent further unlawful detentions and other human rights violations.
"What is needed at this crucial time is a comprehensive agenda for the country's transition, fully grounded in international standards," said Quintero. "Justice, truth, and reparation for victims must be at the centre of any measures that seek to open a democratic path."
The Fact-Finding Mission will continue to closely monitor the evolution and implementation of the Amnesty Law and its impact on human rights and accountability in Venezuela.
