Venezuelan victims, representatives of the Argentine Forum for the Defense of Democracy (FADD) and the Attorney General’s Office of that country, requested this Tuesday that the arrest of Venezuelan President Nicolás Maduro and other officials of his government be ordered, amid an open case for alleged crimes against humanity committed in Venezuelan territory.
The case was opened on the basis of the principle of universal jurisdiction of Human Rights, which, according to the United Nations, “gives a State the power to judge and punish the perpetrator of a crime, regardless of where it was committed and regardless of the nationality of its perpetrator or victim.”
The principle is considered a key tool to ensure the prevention of “serious violations” of international humanitarian law or the application of “appropriate penal sanctions” should they occur, according to the International Committee of the Red Cross (ICRC).
“Under the 1949 Geneva Conventions, States parties are required to seek out offenders suspected of serious violations, regardless of their nationality and where the alleged violation took place, and to bring them before their own courts or hand them over to another State party for trial,” the ICRC said.
Tomás Farini, legal representative of FADD, said that under this principle, the Argentine justice system has the possibility of ordering the arrest of “those most responsible” for what he defined as “the worst civil-military dictatorship” in the history of Latin America.
During a hearing held by Argentina’s Federal Court on Tuesday, five Venezuelan victims recounted having suffered arbitrary detentions, forced disappearances and torture.
“Maduro is committing crimes against humanity. That is why we are asking that an arrest warrant be issued immediately, so that the persecution in Venezuela will cease,” said Victor Navarro, a former political prisoner who survived El Helicoide, one of the headquarters of the intelligence services in Caracas, considered by human rights activists to be a the largest torture center in the country.
In the middle of last year, Argentine federal prosecutor Carlos Stornelli charged 14 Venezuelan military personnel with alleged crimes against humanity during the 2014 anti-government protests, based on a complaint filed by the Clooney Foundation for Justice (CFJ), taking into account Argentina’s jurisprudence on human rights.
Earlier this month, Argentina urged International Criminal Court (ICC) prosecutor Karim Khan to request that the ICC Pre-Trial Chamber issue arrest warrants against Maduro and other senior officials in his government.
Argentina is the first State to formally request the ICC to issue arrest warrants against Maduro and senior officials for allegedly committing crimes against humanity.
In 2021, the ICC prosecutor announced its decision to open a formal investigation into Venezuela for alleged crimes against humanity that, according to the Venezuelan State, have never occurred.
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