US embassy cable - 04CARACAS1107

C O N F I D E N T I A L  CARACAS 001107 
 
SIPDIS 
 
 
NSC FOR CBARTON 
USCINCSO ALSO FOR POLAD 
USAID DCHA/OTI FOR RPORTER 
DRL/PHD FOR JDAVIS 
 
E.O. 12958: DECL: 06/03/2013 
TAGS: PHUM, PGOV, PINS, VE 
SUBJECT: PROMINENT HUMAN RIGHTS GROUP CRITICIZES GOV 
 
 
Classified By: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASONS 1.4 (B 
) AND (D) 
 
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Summary 
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1. (U) The human rights NGO "Committee of the Relatives of 
Victims of February 1989" (COFAVIC) criticized the GOV March 
18 for not appropriately addressing alleged human rights 
abuses during the February 27-March 4 period.  The COFAVIC 
report describes alleged abuses, including deaths, use of 
excessive force, torture/inhuman/degrading treatment, and 
detentions/lack of due process and has a special section 
devoted to attacks on journalists.  COFAVIC recommends the 
GOV ensure the proper conduct of investigations, appropriate 
training of security forces, passage of comprehensive 
legislation that protects rights and sanctions abuses, and 
creation of a truth commission with a mandate to investigate 
events from April 2002 to the present.  The GOV acknowledges 
some use of excessive force but continues to insist that it 
is not responsible for most of the alleged human rights 
violations.  End Summary. 
 
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Human Rights Watchdog 
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2. (U) The human rights NGO "Committee of the Relatives of 
Victims of February 1989" (COFAVIC) formed in response to 
government violations of human rights committed during riots 
in February 1989.  The NGO has established a reputation as a 
fierce critic of governmental abuse of human rights.  Like 
other serious human rights groups, it laboriously documents 
cases through interviews, collection of any physical 
evidence, and cross-checking data with other human rights 
NGOs.  It also assists victims in filing official complaints 
of alleged abuses. 
 
3. (U) COFAVIC issued a report March 18 detailing its 
investigations of human rights abuses during February 
27-March 4.  The report confirms 14 deaths; 261 incidents of 
violence against individuals, including nine cases of 
torture; and 25 cases of physical threats to journalists, 
including three detained.  In addition, the report claims 
that the holding of detainees incommunicado, even for only a 
few hours, qualifies as "forced disappearance."  The report 
mentions eight cases of alleged missing protesters but 
acknowledges that they could not be confirmed. 
 
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Governmental Failures 
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4. (U) In addition to providing case figures and examples, 
COFAVIC forcefully condemns the lack of appropriate GOV 
action to prevent abuses or punish those responsible. 
COFAVIC accuses the Attorney General of dereliction of duty, 
partiality and incompetence.  The report enumerates cases in 
which officials known for their knowledge and experience in 
prosecuting human rights violations have been shut out of 
investigations in favor of others with dubious claims to 
either professional competence or impartiality.  The Human 
Rights Ombudsman is criticized for its failure to make a 
single statement regarding the deaths, injuries, and 
detentions during the political disturbances.  (Note: 
Ombudsman German Mundarain issued a statement March 26 
acknowledging some use of excessive force, but he rejected 
claims of "disappeared" protesters and political prisoners 
and denied GOV culpability for fatalities.) 
 
5. (U) COFAVIC castigated the Judicial branch for acting with 
transparently political motives.  According to the report, 
some judges with a vested interest in supporting the 
government have decided "political cases" rather than 
recusing themselves, while other judges were fired after 
ruling against GOV interests.  COFAVIC also criticized the 
Scientific and Investigative Police (CICPC), part of the 
Executive Branch, for its overall inability to conduct 
independent investigations that meet international standards. 
 
 
6. (C) COFAVIC Director Liliana Ortega told Poloff March 24, 
 
"If Venezuelan institutions are unable to meet minimum legal 
standards in criminal investigations, then the cases should 
be submitted to international organizations.  Otherwise, it 
is impossible to have any degree of confidence in the case 
result."  Ortega also explained that the figures in the 
report are low because a high percentage of victims are too 
afraid to report their experience even to a human rights NGO. 
 
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Conclusions and Recommendations 
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7. (U) Ortega asserts in a March 21 BBC interview that recent 
human rights abuses show a definite pattern.  The same 
techniques of crowd control, detention and torture have been 
reported throughout the country, indicating centralized 
planning and training in those techniques.  At the same time, 
she said, nine out of ten abuse complaints are not pursued by 
authorities because of a mixture of political reasons and 
incompetence.  For these reasons, COFAVIC makes a series of 
recommendations regarding the proper conduct of 
investigations, training of security forces, need for 
comprehensive legislation that protects rights and sanctions 
abuses, and creation of a truth commission with a mandate to 
investigate events from April 2002 to the present. 
 
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Comment 
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8. (C) COFAVIC enjoys high credibility as a human rights 
watchdog.  Its report means that the government has some 
explaining to do.  This may be why the Human Rights Ombudsman 
became the first GOV official to acknowledge some wrongdoing 
on the part of security forces.  Even though the government 
still denies responsibility for the majority of the abuses, 
Ortega and her staff are very patient, determined, and 
persistent.  They waited 15 years to see the GOV make 
restitution for violations committed in February 1989 and 
show no signs of slackening their vigilance now. 
SHAPIRO 
 
 
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      2004CARACA01107 - CONFIDENTIAL