POLICE USE OF FORCE AND TRANSNATIONAL REVIEW

PROCESSES: THE VENEZUELAN POLICE UNDER THE INTER-AMERICAN HUMAN RIGHTS

SYSTEM

CHRISTOPHER BIRKBECKUNIVERSIDAD DE LOS ANDES

VENEZUELA

SHEFFIELD, NOVEMBER 30, 2005

ACCOUNTABILITY FOR THE USE OF FORCE

ADMINISTRATIVE OVERSIGHT WITH OR WITHOUT CIVILIAN REVIEW

THE CRIMINAL JUSTICE SYSTEM

CIVIL LAW THE INTER-AMERICAN SYSTEM OF HUMAN

RIGHTS

American Declaration of the Rights and Duties of Man (OAS, 1948)

American Convention on Human Rights (Pact of San José, Costa Rica, 1969)

Inter-American System of Human Rights

7,200

39, 500

55,5009,500

Basic Principles on the Use of Force and Firearms by Law Enforcement Officials

Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990.

Whereas the work of law enforcement officials is a social service of great importance and there is, therefore, a need to maintain and, whenever necessary, to improve the working conditions and status of these officials,

Whereas a threat to the life and safety of law enforcement officials must be seen as a threat to the stability of society as a whole,

Whereas law enforcement officials have a vital role in the protection of the right to life, liberty and security of the person, as guaranteed in the Universal Declaration of Human Rights and reaffirmed in the International Covenant on Civil and Political Rights,

THE AMPARO MASSACRE IN THE INTER-AMERICAN

SYSTEM NGO’s (Provea, Red de Apoyo) take the case to the Comission

Case No. 10,062 – admitted August 1990 Final Report (1993): The Venezuelan government

is responsible Commission sends the case to the Court (1994) 1995 – Venezuelan government accepts the facts

as stated 1996 – Court orders US$722,332 compensation 1997 – Government pays victims’ families

THE CARACAZO IN THE INTER-AMERICAN SYSTEM

Eleazar Ramón Mavares – Comission, 1992 Confidential report – 1994 Friendly agreement – 1995 Compensation - US$27,000 - 1997

Case No. 11,455 (44 Victims) – admitted March 1995 Confidential report (1998): Venezuelan government is

responsible Comission sends the case to the Court (1999) 1999 – Government accepts facts as stated 2002 – Court orders compensation: US$1.5 million

(pecuniary damages) and US$3.9 million (non-pecuniary damages)

2004 – Government pays the indemnization

THE CATIA PRISON IN THE INTER-AMERICAN SYSTEM

1996 - COFAVIC – Commission 1998 – Comission seeks friendly

agreement 2000 – Friendly agreement 2004 – CEJIL/COFAVIC allege non-

compliance by the Venezuelan government

February, 2005 – Comission sends case to the Court

THE VARGAS FLOODS IN THE INTER-AMERICAN

SYSTEM February 2000 – 3 NGO’s present habeas corpus petitions in Venezuela

February/July 2000 – 3 cases presented to the Commission

November 2001 – the Comission accepts the cases

OTHER CASES IN THE INTER-AMERICAN SYSTEM

The Country Report (2003)

Carmen Eloisa Barrios et alia (2004)

RESULTS

SELECTIVITY: Mass murders (Amparo Massacre, Catia

Prison) Spree murders (Caracazo, Vargas Floods) Serial murders (Country Report, Barrios

Case)

RESULTS

Authoritative decisions concerning serious abuses in the use of force

Recognition and compensation for victims

CHALLENGES

Length of proceedings

Governmental vs. individual liability

CONCLUSION

Reparation vs. Prevention Support for NGO’s working on human rights

issues