IACHR Court condemns Venezuela for violating the rights of Henrique Capriles in the 2013 elections

The Inter-American Court of Human Rights (IDC Court) condemned Venezuela this Monday for violating the political rights of former presidential candidate Henrique Capriles during the 2013 electoral processwhich included the denial of a vote audit and the “abusive use of the state apparatus” in favor of President Nicolás Maduro.

The State is responsible for violations of political rights, judicial guarantees, judicial protection, freedom of expression, and the right to defense, said the president of the Inter-American Court, Nancy Hernández, in an act of notification of the ruling to the parties, transmitted on social networks, for which the Venezuelan State did not accredit representatives.

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Capriles obtained 49.12% of the votes against Maduro’s 50.61%, according to the results then announced by the National Electoral Council of Venezuela, in an electoral contest that was preceded by the death of former president Hugo Chávez Frías on December 5. March 2013, after which Maduro, who was executive vice president, served as “acting president.”

“The Court confirmed that the electoral process took place in a progressive context of deterioration of the separation of powers in Venezuela and the independence of the National Electoral Council and the Supreme Court of Justice,” stated Judge Hernández.

The judge also explained that The Inter-American Court “accredited the existence of abusive use of the State apparatus during the electoral process that favored the official candidate Nicolás Maduro and affected the integrity of the electoral process and the political rights of Mr. Capriles and his voters”.

The ruling indicates that during the campaign there was use of public media, statements and mobilizations of State officials, undue pressure, and use of public resources for the coverage and promotion of Nicolás Maduro, and that the judicial authorities rejected more than 300 complaints. of irregularities presented by Capriles.

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“The action of the State constituted an abandonment of the fundamental principles of the rule of law insofar as it ignored the rules provided for in domestic law to limit power and make the democratic game possible, and allowed the use of the State apparatus to favor the official candidate. before, during and after the election,” said Hernández.

The judges noted that “the impact on the integrity of the electoral process, and the lack of equity in it, affected the right of Venezuelan voters to freely elect their leaders”.

YURI CORTEZ/AFP

The Inter-American Court also determined that a fine imposed by the Venezuelan authorities on Capriles after filing appeals for the review of votes constituted a violation of the right to freedom of expression and thought.

In the ruling, the international court ordered the Venezuelan State to take the necessary measures to nullify the fine against Capriles.

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The Inter-American Court also ordered the State “adopt measures to guarantee the integrity of the electoral processes” and to “guarantee the possibility of verification of electoral results”.

Another order of the court is to “facilitate free and equitable access of candidates to the public and general media” and measures to guarantee the independence of the National Electoral Council and the Supreme Court of Justice.