Venezuela
07.07.02
Urgent Interventions
Venezeula: arbitrary detention of the transgender woman Ms. Maury Oviedo by Carabobo state police in a futher example of persecution of members of the organisation “Respeto a la Personalidad”.
Case VEN 230102.2
Follow-up to cases VEN 230102
Arbitrary detention
Geneva, 7 July 2002
The International Secretariat of the OMCT requests your urgent intervention in Venezuela.
New Information:
The International Secretariat has received new information concerning the arbitrary detention of the transgender woman Ms. Maury Oviedo, president of the organisation “Respeto a la Personalidad” (Personal Respect), by the police in the state of Carabobo.
According to information from reliable sources, Ms. Maury Oviedo was detained on 6 June 2002 by the police of the State of Carabobo, despite the fact that she had already sought precautionary measures before the Inter-American Commission for Human Rights due to her constant persecution and harassment by the same police force.
According to the reports, on 26 March 2002, the Intelligence division of the Carabobo police circulated an order requiring any police officer who arrested Ms. Maury Oviedo to hand her over to intelligence officials. For this reason she decided to go into hiding, where she remained until her arrest. Sources state that she had reported the extrajudicial execution of two other members of the organisation, Ms. Dayana Nieves, killed in July 2000 and Ms. Michelle Paz, killed in January 2002 (See Case VEN 230102.1, dated 5 April 2002). Ombudsman, Mr. Israel Alvarez de Armas, issued a warning to the Carabobo State Police on the subject of Ms. Maury Oviedo, as since her detention, nothing is known of her whereabouts or of her condition.
The organisation “Respeto a la Personalidad” documented a pattern of police abuse against the transgender community of Carabobo, comprising harassment, death threats, arbitrary arrests and detentions, torture and other cruel and degrading treatment. In addition, the organisation reported that a common police practice in the state is to force transgender victims to have sexual relations with police agents under the threat of arrest.
The International Secretariat of the OMCT shares the fear of Venezuelan human rights organisations for the physical and psychological integrity of Ms. Maury Oviedo, for the other members of the organisation “Respeto a la Personalidad” and in general for the transgender community in Carabobo.
Brief reminder of the situation:
The International Secretariat has previously been informed by a reliable source of the supposed extrajudicial execution of a transgender (transexual/ transvestite) woman, of an attack against another transgender and of the arbitrary arrest and incummunicado detention of two transgender activists in the state of Carobobo, Venezuela. (See case VEN 230102). According to the information received, on January 11, 2002, Ms. Michelle Paz (legal name: Janny Paz) was found shot dead in Urbanizacion Santa Cecilia, near the capital city of Valencia in the state of Carabobo.
“Respeto a la Personalidad” considers that it is highly possible that the police were involved in the murder. Previously, a police officer has been accused of involvement in the murder of Dayana Nives, a transgender woman, who was shot in July 2000, and the indicted officer in question has not been charged and brought to justice to this day.
According to the information received, in a separate incident, on January 13, 2002, a police officer shot at Ms. Paola Sanchez. On January 16, 2002 Ms. Vicky Martinez and Mr. Kevin Capote, two transgender activists, were arrested and beaten by members of the Carabobo police and taken to the local prison “La Isabelica”.
In addition, the OMCT was informed that on 26 March 2002 the severely decomposed body of Ms. Angie Milano (legal name: Andy Rafael Milano), a 28 year-old transgender member of « Respeto a la Personalidad » (See case VEN 230102.1 of 5 April 2002)
According to the information received, two other members of “Respeto a la Personalidad”, Estrella de los Angeles Alvarez Vásquez and Paola Sánchez, together with Yoseline Martínez Rujano, have been detained since March 20th, 2002 in the prison Isabelica, apparently on the orders of the prefect of the parish of Santa Rosa, following orders of the state governor. The two women were captured using a battalion of over 80 policemen when they were travelling across the city. They were arbitrarily detained under the charge of “social prophylaxis”, without a warrant of a Control Judge and without informing the Public Ministry.
According to the report the wave of violence goes back at least two years and has recently intensified, as it seems that in Carabobo a model of persecution has been established by the State Governor, Mr. Enrique Fernando Salas Feo-Romer, and his police agents. This persecution and other serious Human Rights violations of transgender persons are tolerated and encouraged by the authorities. An order has been reportedly been issued that calls to the eradication of transsexual practices in the State of Carabobo, including a list of crimes with their corresponding sentences that constitute clear and grave Human Rights violations of transgender persons.
According to the information received, police officers are involved in both crimes. A report has been presented by the aforementioned organisation to Mr. Santiago Cantón, executive secretary of the Interamerican Commission of Human Rights, because none of these serious Human Rights violations were adequately investigated, and the perpetrators continue to enjoy impunity.
Action requested:
i. guarantee the physical and psychological integrity of Maury Oviedo and of the transgender community of Carabobo;
ii. order the immediate release of Maury Oviedo in the absence of valid legal charges, or if such charges exist, bring her before an impartial tribunal and guarantee their procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of these events and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law;
iv. guarantee the respect of human rights and fundamental freedoms throughout the country, in accordance with national laws and international human rights standards ratified by Venezuela.
Adresses:
· S.E. Hugo Chávez Frías, Presidente de la República, Palacio de Miraflores, Caracas, Venezuela, Fax: (+ 58 (212) 801 36 44. e-mail : venezuela@venezuela.gov.ve
· Sr. Luis Miquelena, Ministro del Interior y Justicia, Ministerio del Interior y Justicia, Avenida Urdaneta, esquina de Platanal, Parroquia Candelaria, municipio Libertador, Caracas, República Bolivariana de Venezuela, Fax: (+ 58 212) 861 19 67. e-mail : msecretaria@venezuela.gov.ve
· Dr. Isaías Rodríguez, Fiscal General de la República, Avenida Universidad, Esquina Pele el ojo a Misericordia, frente a Parque Carabobo. Caracas- Venezuela, Fax: (+ 58 212) 576 44 19.
· Dr. Germán Mundaraín, Oficina del Defensor del Pueblo de Venezuela, Plaza Morelos Avenida México s/n (frente al Ateneo de Caracas), Caracas, República Bolivariana de Venezuela, Fax: (+ 58 212) 575 44 67 o (+ 58 212) 575 38 62, E-mail: defensoria@platino.gov.ve, gmundarain @defensoria. gov.ve
· Econ. Henrique Fernando Salas Feo-Römer, Gobernador del Estado de Carabobo, Palacio de Gobierno, Calle Montes de Oca con calle Paez, Valencia, Estado de Carabobo, República Bolivariana de Venezuela, Fax: (+ 58 212) 857 07 83.
Please also write to the diplomatic representative of Venezuela in your country.
Geneva, 7 June 2002
Kindly inform the OMCT of any action you have undertaken indicating the appeal code in your response.
Follow-up to cases VEN 230102
Arbitrary detention
Geneva, 7 July 2002
The International Secretariat of the OMCT requests your urgent intervention in Venezuela.
New Information:
The International Secretariat has received new information concerning the arbitrary detention of the transgender woman Ms. Maury Oviedo, president of the organisation “Respeto a la Personalidad” (Personal Respect), by the police in the state of Carabobo.
According to information from reliable sources, Ms. Maury Oviedo was detained on 6 June 2002 by the police of the State of Carabobo, despite the fact that she had already sought precautionary measures before the Inter-American Commission for Human Rights due to her constant persecution and harassment by the same police force.
According to the reports, on 26 March 2002, the Intelligence division of the Carabobo police circulated an order requiring any police officer who arrested Ms. Maury Oviedo to hand her over to intelligence officials. For this reason she decided to go into hiding, where she remained until her arrest. Sources state that she had reported the extrajudicial execution of two other members of the organisation, Ms. Dayana Nieves, killed in July 2000 and Ms. Michelle Paz, killed in January 2002 (See Case VEN 230102.1, dated 5 April 2002). Ombudsman, Mr. Israel Alvarez de Armas, issued a warning to the Carabobo State Police on the subject of Ms. Maury Oviedo, as since her detention, nothing is known of her whereabouts or of her condition.
The organisation “Respeto a la Personalidad” documented a pattern of police abuse against the transgender community of Carabobo, comprising harassment, death threats, arbitrary arrests and detentions, torture and other cruel and degrading treatment. In addition, the organisation reported that a common police practice in the state is to force transgender victims to have sexual relations with police agents under the threat of arrest.
The International Secretariat of the OMCT shares the fear of Venezuelan human rights organisations for the physical and psychological integrity of Ms. Maury Oviedo, for the other members of the organisation “Respeto a la Personalidad” and in general for the transgender community in Carabobo.
Brief reminder of the situation:
The International Secretariat has previously been informed by a reliable source of the supposed extrajudicial execution of a transgender (transexual/ transvestite) woman, of an attack against another transgender and of the arbitrary arrest and incummunicado detention of two transgender activists in the state of Carobobo, Venezuela. (See case VEN 230102). According to the information received, on January 11, 2002, Ms. Michelle Paz (legal name: Janny Paz) was found shot dead in Urbanizacion Santa Cecilia, near the capital city of Valencia in the state of Carabobo.
“Respeto a la Personalidad” considers that it is highly possible that the police were involved in the murder. Previously, a police officer has been accused of involvement in the murder of Dayana Nives, a transgender woman, who was shot in July 2000, and the indicted officer in question has not been charged and brought to justice to this day.
According to the information received, in a separate incident, on January 13, 2002, a police officer shot at Ms. Paola Sanchez. On January 16, 2002 Ms. Vicky Martinez and Mr. Kevin Capote, two transgender activists, were arrested and beaten by members of the Carabobo police and taken to the local prison “La Isabelica”.
In addition, the OMCT was informed that on 26 March 2002 the severely decomposed body of Ms. Angie Milano (legal name: Andy Rafael Milano), a 28 year-old transgender member of « Respeto a la Personalidad » (See case VEN 230102.1 of 5 April 2002)
According to the information received, two other members of “Respeto a la Personalidad”, Estrella de los Angeles Alvarez Vásquez and Paola Sánchez, together with Yoseline Martínez Rujano, have been detained since March 20th, 2002 in the prison Isabelica, apparently on the orders of the prefect of the parish of Santa Rosa, following orders of the state governor. The two women were captured using a battalion of over 80 policemen when they were travelling across the city. They were arbitrarily detained under the charge of “social prophylaxis”, without a warrant of a Control Judge and without informing the Public Ministry.
According to the report the wave of violence goes back at least two years and has recently intensified, as it seems that in Carabobo a model of persecution has been established by the State Governor, Mr. Enrique Fernando Salas Feo-Romer, and his police agents. This persecution and other serious Human Rights violations of transgender persons are tolerated and encouraged by the authorities. An order has been reportedly been issued that calls to the eradication of transsexual practices in the State of Carabobo, including a list of crimes with their corresponding sentences that constitute clear and grave Human Rights violations of transgender persons.
According to the information received, police officers are involved in both crimes. A report has been presented by the aforementioned organisation to Mr. Santiago Cantón, executive secretary of the Interamerican Commission of Human Rights, because none of these serious Human Rights violations were adequately investigated, and the perpetrators continue to enjoy impunity.
Action requested:
i. guarantee the physical and psychological integrity of Maury Oviedo and of the transgender community of Carabobo;
ii. order the immediate release of Maury Oviedo in the absence of valid legal charges, or if such charges exist, bring her before an impartial tribunal and guarantee their procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of these events and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law;
iv. guarantee the respect of human rights and fundamental freedoms throughout the country, in accordance with national laws and international human rights standards ratified by Venezuela.
Adresses:
· S.E. Hugo Chávez Frías, Presidente de la República, Palacio de Miraflores, Caracas, Venezuela, Fax: (+ 58 (212) 801 36 44. e-mail : venezuela@venezuela.gov.ve
· Sr. Luis Miquelena, Ministro del Interior y Justicia, Ministerio del Interior y Justicia, Avenida Urdaneta, esquina de Platanal, Parroquia Candelaria, municipio Libertador, Caracas, República Bolivariana de Venezuela, Fax: (+ 58 212) 861 19 67. e-mail : msecretaria@venezuela.gov.ve
· Dr. Isaías Rodríguez, Fiscal General de la República, Avenida Universidad, Esquina Pele el ojo a Misericordia, frente a Parque Carabobo. Caracas- Venezuela, Fax: (+ 58 212) 576 44 19.
· Dr. Germán Mundaraín, Oficina del Defensor del Pueblo de Venezuela, Plaza Morelos Avenida México s/n (frente al Ateneo de Caracas), Caracas, República Bolivariana de Venezuela, Fax: (+ 58 212) 575 44 67 o (+ 58 212) 575 38 62, E-mail: defensoria@platino.gov.ve, gmundarain @defensoria. gov.ve
· Econ. Henrique Fernando Salas Feo-Römer, Gobernador del Estado de Carabobo, Palacio de Gobierno, Calle Montes de Oca con calle Paez, Valencia, Estado de Carabobo, República Bolivariana de Venezuela, Fax: (+ 58 212) 857 07 83.
Please also write to the diplomatic representative of Venezuela in your country.
Geneva, 7 June 2002
Kindly inform the OMCT of any action you have undertaken indicating the appeal code in your response.