Venezuela
05.04.02
Urgent Interventions

Venezuela: further attacks, torture and extrajudicial killings of transgender persons

Case VEN 230102.1
Follow-up case to VEN 230102
Extrajudicial execution / Arbitrary detention

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

New information

The International Secretariat of OMCT has received information from a reliable source that on March 26th, 2002, the body of Angie Milano (legal name: Andy Rafael Milano), a 28-year old transgender woman, was found in an advanced state of decomposition behind the commercial centre Sambil, Mañongo sector, city of Valencia, State of Carabobo.

According to the information received, Angie Milano was a member of the organization “Respeto a la Personalidad” dedicated to the defence of Human Rights of transgender persons. The organisation has documented a pattern of police abuse against transgender persons in Carabobo including harassment, death threats, arrests and arbitrary detentions, torture and other cruel or inhuman treatment. Furthermore, victims are also allegedly forced to engage in sexual relations with police officers under the threat of arrest, a frequent practice in this State.

According to the report, on March 26th, 2002, the Division de Inteligencia Policial of Carabobo, issued an order for the arrest of Maury Oviedo, President of the aforementioned organisation. Once arrested she was to be handed immediately to the intelligence officials of the police. Maury Oviedo, fearing police custody, decided to hide. She had previously denounced locally, nationally, and internationally, the extrajudicial execution of two members of the organisation (Ms. Dayana Nieves and Michelle Paz, who were killed on July 2000, and January 2002 respectively – see case VEN 230102).

According to the information received, two 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. Dr. Ana Guerra, Assistant Defender of the People of the State of Carabobo, had declared that she was the prefect of the church of Santa Rosa, following orders of the state governor, who had captured the victims with the support of over 80 policemen when they were travelling within the city. They were arbitrarily detained under the charge of “sexual prophylaxis”, without a warrant of a control Judge and without informing the Public Ministry.

According to the report, the victims were forcibly stripped of their clothes in a special closed room and were then mocked while beaten severely by the police. They were then locked in a cell, where they currently remain.

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.

According to the report, the extrajudicial execution of Ms. Angie Milano is the second this year in the State of Carabobo, on January 11th, OMCT, registered the finding of the body of Ms. Michelle Paz, another transgender person, as well as acts of harassment, arbitrary arrests and detentions against numerous transgender persons in the city (see case VEN 230102).

Action requested

Please write to the authorities in Venezuela urging them to:

· take all necessary measures to guarantee the physical and psychological integrity of Maury Oviedo, Estrella de los Angeles Alvarez Vásquez, Paola Sánchez, Yoseline Martínez Rujano and all other transgender persons of the State of Carabobo;
· 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;
· order that the persons mentioned above be released immediately 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;
· guarantee that the above mentioned persons will have access to legal representation, visits by family members, and medical assistance as a matter of urgency;
· guarantee adequate reparation to the relatives of Angie Milano;
· guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards, in particular with the Convention Against Torture, ratified by Venezuela, and conform to all recommendations made by the Human Rights Committee.

Addresses
· S.E. Hugo Chávez Frías, Presidente de la República, Palacio de Miraflores, Caracas, Venezuela, Fax: + 58 (241) 801 36 44.
· 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.
· 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 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 (241) 857 07 83.

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

Geneva, April 5th, 2002

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