Follow-up_Fear for the safety of Arturo Hernández's family in Guárico

The International Secretariat of the World Organisation Against Torture (OMCT) requires your urgent intervention in the following situation in Venezuela.

New information

The International Secretariat of the OMCT is deeply concerned with the information received from the Red de Apoyo Por la Justicia y la Paz (REDAPOYO), which is a member of the SOS-Torture Network. According to this information, Mrs. Carmen Alicia Mota de Hernández and her sons Roberto Carlos Hernández Mota and Carlos Arturo Hernández Mota have been the subject of harassment by alleged members of the Regional Police of the Guárico State. These alleged police officers are linked to the investigation of and are accused of Mr. Arturo Hernandez Ortega[1]’s death (see OMCT Urgent Appeal VEN 200505 published on 20 May 2005). Mr. Arturo Hernández Ortega was Mrs. Mota de Hernandez’s husband and father to her sons.

Wilfredo Fébres, Luis Enrique Ledezma Ruiz, Evin Rafael Quiche, Adolfo León Delgado Idarraga and Juan Ramón Ribas Lara had been charged by the Public Prosecutor for the first degree murder in co respective complicity (roughly equivalent to Homicidio intencional simple en grado de complicidad correspectiva) of Mr. Arturo Hernández Ortega, which occurred on 12 April 2004. According to recent information, these 5 members of the Guárico State Police have been freed.

According to the same source, the family have on several occasions been the subject of death threats and harassment after they had reported the murder of Mr. Arturo Hernández Ortega, threats and harassment which they have reported to the authorities on numerous occasions. These threats were made on the Hernández Mota family by the above mentioned police officers, along with other unnamed people, despite the fact that a “Control Tribunal” (Tribunal de Control) had ordered the arrest (privación preventiva de la libertad) of the police officers during the investigation.

During the Public Attorney’s investigation it was reportedly determined that the perpetrators of Mr. Arturo Hernández’s murder were Wilfredo Febres, Luis Enrique Ledesma Ruiz, Evin Rafael Quiche, Adolfo León Idarraga and Juan Ramón Rivas Lara, all of whom are active members of the “Regional Police’s Intervention and Support Brigade” (Brigada de Intervención y Apoyo, BIA). According to the information received, all of these officers, except Wilfredo Febres, were held in the Carabobo Judicial Prison (internado judicial de Carabobo) until the 6th District Judge Magaly Nieto Rueda released them under probation (salida bajo presentación) on 26 February 2007. Nevertheless, Wilfredo Febres was released on 5 August 2005 for “humanitarian reasons” and put under preventive house arrest. However, this sentence is reported not to have been honoured, as the accused has been seen at a restaurant in Valle de la Pascua.

According to the reports, it was through the decision of the 6th Tribunal of the Judicial Circumscription Trial (Tribunal 6º de juicio de la Circunscripción Judicial) of the State of Carabobo, led by Judge Magaly Guadalupe Nieto Rueda, that these 5 individuals were released from custody. In regards to her decision, Judge Nieto Rueda stated that the decision to grant the accused their freedom was based on the fact that they have voluntarily presented themselves before the Tribunal on several occasions and that the trial against them has been the subject of procedural delays imposed by the Public Attorney as well as by the organisation in charge of the victims defence (Redapoyo). Both of these arguments are not shared by the victims pressing charges.

Redapoyo appealed against the aforementioned decision in favour of the accused. According to the reports, the judges involved in this trial have shown an alleged partiality, thus violating the “Principle of Defence and Equality between the Parties” (Principio de Defensa e Igualdad entre las Partes”). Moreover, it is felt that this decision leaves the victims in a state of vulnerability and endangers the physical and psychological integrity of the Hernández Mota family.

Moreover, the recent appointment of Wilfrido Febres as General Inspector of the Regional Guárico Police has also been criticised, as he not only is involved in the case of Mr. Arturo Hernández Orgega’s murder, but he has a second case pending (Nº 12-F14-0573-02) for an unauthorised search (allanamiento arbitrario) which was conducted while he was meant to have been under house arrest.

The International Secretariat of the OMCT urges the new Venezuelan government to take all necessary measures to guarantee the physical and psychological safety and integrity of Mrs. Carmen Alicia Mota de Hernández, her sons Roberto Carlos Hernández Mota and Carlos Arturo Hernández Mota, as well as all members of their families who are presently in danger. The OMCT is also requesting that the measures most adequate to protect the witnesses to Mr. Arturo Hernández Ortega’s murder on 12 April 2004 be taken. OMCT also requests the Venezuelan authorities to either undertake or pursue a competent, exhaustive and especially impartial investigation into these serious events in order to identify all those responsible and to bring them to justice and apply the penal and/or administrative sanctions as provided by law.

The International Secretariat of the OMCT would like to express its concern over the physical and psychological safety and integrity of all members of the Hernandez Mota family, and would like to remind that articles 43, 46 and 55 of the Constitution of the Bolivarian Republic of Venezuela establish the following: Art. 43. “The right to life is never to be infringed or dishonoured. No law shall establish death penalty nor should any authority apply it […]”. 4th Ord. “Everyone has the right to have his/her physical, psychological and moral integrity respected […]”. Art. 46. “Any public official who, using his/her position as an excuse, mistreats or inflicts any physical or mental damage to anyone, or who instigates or tolerates such ill- treatment, will be sanctioned as provided by law.” Art. 55. “Everyone has the right to State protection, through the State’s legally bound citizen security bodies, from any situation which may constitute a threat, risk or endanger the citizen’s physical integrity, property, rights or duties […]”.[2]

Background information and context

The International Secretariat of the OMCT had been informed that Mrs. Carmen Alicia Mota de Hernández and her sons Roberto Carlos Hernández Mota and Carlos Arturo Hernández Mota had been the subject of harassment by alleged members of the Regional Police of the Guárico State.

According to the same information, members of the Hernández Mota family, along with Redapoyo and the Human Rights Committee for the Education, Action and Defence of the Guárico State, reported to the Attorney General of the Republic (Fiscal General de la República) on 13 September 2004 the murder of Mr. Arturo Hernández Ortega, which was allegedly committed by individuals connected to the police.

Since the charges were pressed, members of the Hernández Mota family have reportedly been the subject of various forms of harassment, inflicted on them by police officers belonging to the “Guárico State Police’s Intervention and Support Brigade” (Brigada de Intervención y Apoyo, BIA). Consequently, the “No. 2 Penal Tribunal for Control Functions of the Judicial Circumscription” (roughly equivalent to Tribunal Penal en Funciones de Control No. 2 de la Circunscripción Judicial) of the city of Valle de la Pascua, Estado Guárico granted protection on 23 September 2004 to Mrs. Carmen Alicia Mota de Hernández, her sons Roberto Carlos Hernández Mota and Carlos Arturo Hernández Mota, and to all members of their family. This protection was to last until the end of the judicial trial, and the No.2 Regional Command of the National Army (Comando Regional No. 2 de la Guardia Nacional) was responsible for enforcing it.

Nevertheless, such protection was never granted. On the contrary, the family has been the victim of various forms of harassment, such as the permanent surveillance which has been established outside their workplace. Just one more of the many examples of such harassment is how Mr. Roberto Carlos Hernández Mota is constantly and overtly followed across town by motorcycles.

Action requested

Please contact the Venezuelan authorities urging them to:

1. Take all necessary measures to guarantee the physical and psychological integrity of Mrs. Carmen Alicia Mota de Hernández, her sons Roberto Carlos Hernández Mota and Carlos Arturo Hernández Mota, all members of their families, as well as that of the witnesses to the events of 12 April 2004 in the city of Valle de la Pascua, which resulted in Mr. Arturo Hernandez Ortega’s death;
2. Order an immediate, independent, thorough and impartial investigation into the events mentioned above, particularly into the murder of Mr. Arturo Hernández Ortega and the various forms of harassment to which the Hernández Mota family members have been subjected, in order to identify all those responsible, provide them with a competent, independent and fair trial and apply the civil, penal and/or administrative sanctions as provided by law;
3. Adequately compensate the victims of these serious human rights violations;
4. Ensure the respect of the Universal Declaration of Human Rights and the international agreements and conventions ratified by Venezuela, particularly the Convention Against Torture.

Addresses

• The Permanent Mission of Venezuela to the United Nations in Geneva, 18-a, Chemin François-Lehmann, 1218, Geneva. FAX:+ 41.22.723.28.81 ; TEL.: + 41.22.717.09.40 ; + 41.22.717.09.42 E-mail: mission.venezuela@ties.itu.int
• President of the Republic, S.E. Hugo Chávez Frías, - Palacio de Miraflores, Caracas, Venezuela; Fax:+58.212.801.36.44 E-mail: presidencia@venezuela.gov.ve venezuela@venezuela.gov.ve
• Dr. Isaías Rodríguez Díaz, General Attorney of the Republic, Avenida Universidad, Edificio Ministerio Público. Caracas. TEL: +58.212.509.81.34; +58.212.509.80.93 +58.212.509.72.11 +58.212.509.33.11 Fax: +58.212.577.21.54 ; +58.212.577.11.44. E-mail: isaiasrodriguez@fiscalia.gov.ve; mp@fiscalía.gov.ve
• Dr. Germán Mundaraín, Defensor del Pueblo (Mediator). Bellas Artes, Avenida México frente al Ateneo de Caracas, Plaza Morelos. Caracas. E-mail: Egmundaraín@defensoria.gov.ve E-mail: gmundarain@defensoria.gov.ve Fax: +58212-5754467
• Deputy Raúl Este, President of the Sub-commision on Human Rights of the Nacional Assemblyl. Esquina de Pajaritos, Edificio José María Vargas, Piso 3, Caracas, Teléfono: +58212-4096597
• Mr. Eduardo Manuitt, Governor of the State of Guarico. Av. Monseñor Sendrea Palacio de Gobierno, Municipio Juan Germán Roscio, San Juan de los Morros, Estado Guárico – Venezuela. Fax: +58246-4318055
• Teniente Coronel (GN). José Goncalvez Mendoza, Comandante del Destacamento Nº 28 de la Guardias Nacional. San Juan de los Morros, Estado Guarico. Teléfono: +58246-4315117 / +58246-4310168
• Coronel de la Guardia Nacional Domingo Antonio Cárdenas Moncada, Comandante General de la Policía Regional del Estado Guarico. Av. Miranda, frente al Liceo Rafael Cabrera Malo, Comandancia de la Policía del Estado Guarico. Teléfono: +58246-4315714
• Dr. Abg. José Alberto Morillo, Attorney of the State of Guarico. Avenida Los Llanos, Edificio Sede del Ministerio Público. E-mail: FGuarico@fiscalia.gov.ve Teléfonos: +58246-4318905 / +58246-4320311
• Defensoría Delegada del Estado Guarico. Avenida Los Llanos, Edificio Don Enrique, P.B., frente a la Farmacia Capital y diagonal al Ministerio Público, San Juan de los Morros. E- mail: dguarico@defensoria.gov.ve Fax: +58246-4318935
• Deputy Jassan Jrrmakani, President of the Regional Legislative Council of the State of Guárico. Av. Miranda, Sector La Redoma San Juan de Los Morros, Guárico Fax: +58246-4314036 / +58246-4315843

Please also write to the diplomatic missions of Venezuela in your country.

Geneva, 3 April 2007.

Please let us know of any action undertaken, quoting this appeal’s number.

[1] 51-year old Mr. Arturo Hernández Ortega was a Spanish national and the owner of a poultry shop in the city of Valle de la Pascua, Guárico State. According to the information received, around 7:00 pm on 12 April 2004 he left his workplace and drove his dark blue Ford truck to the “Commerce Hotel” a few hours later, where a friend of his works. Some time later, between 10:00 and 11:20 pm., he left the hotel in his truck and was reportedly followed by a white Toyota Corola inside of which Police Inspector Wilfredo Rafael Fébres allegedly travelled, along with an individual who was driving.

According to various witness statements, the people chasing Mr. Hernández Ortega shot at his vehicle on various occasions. Mr. Hernández Ortega tried escaping driving westward to the Rómulo Gallegos Avenue. He then stopped his truck near the headquarters of the Dirección de los Servicios de Inteligencia y Prevención (Disip) (Headquarters of the Intelligence and Prevention Services). He got out of his car to ask the men why they were chasing him, and it was then that they got out of their car and shot him dead with five bullets.

[2] OMCT’s rough translation of the original text.