Venezuela
14.10.03
Urgent Interventions

Venezuela: Arbitrary detention/ill-treatment/intimidation of minors

Case VEN 141003.CC
CHILD CONCERN
Arbitrary detention/ill-treatment/intimidation

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 the Red de Apoyo por la Justicia y la Paz, of the arbitrary detention and ill-treatment inflicted to Deivy Jaspe Gutiérrez, 16 years old, as a presumed means of intimidation for the claim of the Pico Gutiérrez family against the policemen Sergio Rodríguez and Noda Maximiliano for the death of Carlos Miguel Pico Gutiérrez.

According to the information received, Carlos Manuel Pico Gutiérrez was murdered on the 12th April 2003 under unknown circumstances. His dead body was taken to the hospital Pérez de León de Petare. The corpse showed firearm wounds on the thorax, arm and abdomen, as well as bruises all over the body. Neighbours testified that Carlos Miguel had been injured by a police unit formed by four men, one of them identified as Sergio Rodríguez.

On the 5th October 2003, around 2:00 a.m., five members of the Police of Sucre halted a bus from Sucre to Higuerote and ordered Deivy Jaspe Gutiérrez, Ives Pico Gutiérrez, Frankil Jesús Gutiérrez (cousins) and Luis Enrique Mendoza to come out of the vehicle. As the police did not give any reason for these actions, the youngsters did not obey the order at first. However, after a second appeal from the police, they came out to avoid further problems.

One policeman arrested Deivy Jaspe Gutiérrez for offering resistance to the police. The others, as well as Angela Gutiérrez (who had been averted of the situation by her son, Ives) tried to convince the policemen not to take Deivy Jaspe with them. During the discussion, Ives Pico recognised the policeman Sergio Rodríguez, as the alleged murderer of his brother Carlos Miguel, to whom he shouted: “Murder, murder, you killed my brother”.

Finally, Deivy was arrested and taken to the to the police station in Carmen de Petare with his cousin Berlín del Carmen Gutiérrez. There, Deivy was hit several times and was liberated at 3:00 a.m.
The International Secretariat of OMCT fears that this incident is framed within an intimidation plan against the Gutiérrez family for having lodged a complaint against Sergio Rodríguez and Noda Maximiliano for the murder of Carlos Miguel Pico Gutiérrez. Furthermore, OMCT condemns the arbitrary detention, ill-treatment and intimidation inflicted by the police of Sucre to the Gutiérrez family.

OMCT wishes to recall that Venezuela, as a State party to the Convention on the Rights of the Child, is bound to the provision that “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” as well as “no child shall be deprived of his or her liberty unlawfully or arbitrarily” (art. 37 a and b).

Action requested

Please write to the authorities in Venezuela urging them to:
i.. assure a thorough and impartial investigation into the circumstances of the death of Carlos Miguel Pico, in order to identify the those responsible, bring them to trial and apply the sanctions provided by law;
ii. adopt all necessary measures to guarantee the safety and physical and psychological integrity of Deivy Jaspe Gutiérrez, Ives Pico Gutiérrez, Frankil Jesús Gutiérrez, Luis Enrique Mendoza and Ángela Gutiérrez;
iii order a thorough and impartial investigation into the circumstances of the arbitrary detention and ill-treatment inflicted to Deivy Jaspe, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with nationals laws and international human rights standards, mainly the Convention on the Rights of the Child.

Addresses

- 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

- Minister of the Interior and Justice, Sr. Ministro del Interior y Justicia, Avenida Urdaneta, esquina de Platanal, Parroquia Candelaria, municipio Libertador, Caracas, Venezuela, Fax: +58-212- 861 1967

- Attorney General, Dr. Isaias Rodriguez, AvenidaUniversidad, Esquina Pele el ojo a Misericordia, frente a Parque Carabobo, Caracas, Venezuela, Fax: 0058 212 5772154/0058 212 5771144

- Ombudsman's Office of Venezuela, Dr.Germán Mundaraín, Plaza Morelos, Avenida México s/n Caracas, Venezuela, Fax: +58 212 575 4467/3862, E-mail: defensoria@platino.gov.ve

- Elio Salazar. Head of Police in Sucre. Plaza Sucre. Zona Colonial de Petare. Caracas.
Fax: 0058 212 2399931

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

Geneva, October 14, 2003

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