Venezuela
23.01.02
Urgent Interventions

Venezuela: arbitrary arrests, incommunicado detention, attacks and extrajudicial killings of transgender persons

Case VEN 230102
Extra-judicial killing/Attack/Arbitrary arrests/Incommunicado detention

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Venezuela.

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source of the suspected extra-judicial killing of a transgender woman, an attack of another transgender woman, and the arbitrary arrest and incommunicado detention of two transgender activists in the state of Carabobo, Venezuela.

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. Ms. Paz had been shot four times, and was last seen between 3 and 4 am on the morning of January 11th, while doing sex work on Avenida Bolivar, one of the main streets of Valencia. While her earrings, watch, cellular phone and cash were not stolen, her identification papers were missing. In Santa Cecilia, where her body was found, neighbours did not hear any shots, which has led to presumptions that she was killed elsewhere and then carried to Santa Cecilia, where few people circulate at night.

According to the report, local activists allege that police officers did not seal off the area where the body was found, and did not properly protect the victim’s personal belongings. As a result, articles of Ms. Paz’s clothing disappeared. A Venezuelan transgender organisation, 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, another transgender woman. Although Ms Sanchez escaped this attack unharmed, policemen broke into Ms. Sanchez’s house without a warrant several hours later and grabbed her by the hair and arrested her without charges. She has since been released, but there are fears that she will again be subjected to attacks or harassment by the police.

According to the information received, on January 16, 2002, Mrs. Vicky Martinez and Mr. Kevin Capote, two transgender activists, were arrested and beaten by members of the Carabobo police. Presently, they are at La Isabelica, a local prison, where they are being held in incommunicado detention. No information has as yet been made public regarding the reasons for their arrest or charges.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Vicky Martinez and Kevin Capote, given that they are being detained incommunicado, and also fears that Ms. Sanchez may the victim of further police harassment. More generally, OMCT condemns the attacks performed by Venezuelan police officials against transgender persons, notably those resulting in death, and fears that, given the historical precedent, the perpetrators of these acts will not be brought to justice, and that they will continue to remain active within the police force.

Action requested

Please write to the authorities in Venezuela urging them to:

· take all necessary measures to guarantee the physical and psychological integrity of Vicky Martinez and Kevin Capote;
· intervene with the appropriate authorities in order to secure that they be allowed to meet with their relatives and lawyers;
· order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
· order a thorough and impartial investigation into the killing of Ms. Michelle Paz, and the attack upon and arrest of Ms. Paola Sanchez in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
· guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

· S.E. Hugo Chavez Frias, Presidente de la Republica, Palacio de Miraflores, Caracas, Venezuela, Fax : 00 582 801 36 44
· Econ. Henrique Fernando Salas Feo-Römer, Gobernador del Estado de Carabobo, Palacio de Gobierno, Calle Montes de Oca con calle Paez, Valencia, Estado Carabobo, República Bolivariana de Venezuela, Fax: + 58 241 857 0783
· Comandante General Jesús Ramírez, Commander of the Police Forces in Carabobo, Comisario General de la PTJ, Avenida Navas Espinolas entre Paseo Cabriales y Martin Tovar, Valencia, Estado de Carabobo, República Bolivariana de Venezuela, Fax: + 58 241 859 5940 (If voice answers, say: "Por favor, tono de fax")
· Minister of the Interior and Justice, 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 1967
· Ombudsman's Office of Venezuela, Dr.Germán Mundaraín, Plaza Morelos, Avenida México s/n Caracas, República Bolivariana de Venezuela, Fax: 58(212) 575.44.67 or 575.38.62, E-mail: defensoria@platino.gov.ve

Please also write to the embassies of Venezuela in your respective country.

Geneva, January 23rd, 2002

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.