After the problem of the violation of the right to housing against elderly people by relatives and acquaintances of the victims, mainly, began to become visible through social networks, the Attorney General’s Office of the Republic has activated with greater zeal to respond to this vulnerable sector of the population. Meanwhile, the Ombudsman for its part continues to carry out orientation, mediation and conciliation work to contribute, among other things, to the reestablishment of this human right, the right to housing, for the elderly.
Maribel Azar, affected by this situation, and who acts on behalf of her 85-year-old father and owner of an apartment in Colinas de Bello Monte, declared her case to Last News: “The tenant not only stopped paying the rent for 10 years, and the condominium also stopped paying it a year ago, so I had to start paying it myself, but he also left the property, and sublet the apartment to two people, to whom I told that we have to get out of this situation, because whoever I rented from is nowhere to be found, so we gave these two people the right to purchase, but they do not have the possibility of acquiring the apartment that is It is also very deteriorated, because it has significant leaks. This was my father’s estate after so many years of work and we decided to go to the Ombudsman’s Office to see if an agreement could be reached that would allow my father to get his apartment back.”
Another case is that of Demetrio Fernández, 75, who also explained his case: “I came to the Ombudsman for help because I gave my daughter and son-in-law a room in the apartment that he gave me for just a few months. the Housing Mission, while they finished their house that they were building, but now they have a war for me to get me to leave the apartment, especially my son-in-law, and also my daughter told me that she is not going to leave the apartment. I suffer from stress and every day that man messes with me, even he has threatened me, ”said the affected person.
The State responds: In this sense, the Delegate Ombudsman of the Ombudsman’s Office, with National Competence in Matters of Special Attention to Housing and Habitah, Isaías Reverón, affirmed that several cases of elderly people whose right to to housing has been violated or is affected in some way, situations that the institution addresses immediately.
“Our function is conciliatory, mediating and counseling, and those who present their complaints to the ombudsman, depending on the case, we guide the petitioner as to what he should do to solve his problem. Now, if there is a crime, such as an invasion, we refer it to the prosecutor’s office. In the mediation – I add -, if the counterparty does not appear in all the opportunities that he is summoned, the case could also be referred to the prosecutor’s office”.
The official added that the cases of Mr. Fernández and Mrs. Azar were dealt with by the Ombudsman, and currently, they are following their respective processes to help resolve them through agreements between the parties with the mediation of this national institution in human rights.
He also highlighted that most of the cases that are registered in Caracas regarding violation of the right to housing against elderly people, occur in the Santa Rosalía, El Recreo, Altagracia and La Pastora parishes.
Up to 10 years in prison for invaders
Defender Reverón explained some assumptions to be able to determine when we are in the presence of a crime of home invasion.
“If someone enters the property arbitrarily, forges doors and windows and also does not own the property, probably a stranger, that is an invasion crime that can lead to imprisonment of five to ten years, and a fine of fifty to two hundred tax units, according to article 471 literal A of the Organic Code of Criminal Procedure”, explained
Likewise, the lawyer distinguished the difference between an invader and an occupant, “the invader violates the law, the occupant inhabits a property with the consent of the tenant, peacefully occupies the property, did not enter arbitrarily, therefore it is not a crime , although the logical thing is that once the tenant leaves the property, the occupant also retires, he should deliver it without anyone else living inside.
Finally, he said that the Ombudsman’s Office is part of the structure of the National Housing Leasing Superintendence, and also recommended that owners and tenants register in the contract registry and thus comply with the law.
Some very useful tips
1.-If a person’s home is invaded, the first thing you have to do is go to the Victim Service of the Prosecutor’s Office where you will report your situation.
2.- If the citizen requires guidance on the right to housing or needs to solve a coexistence problem, it is recommended that they go to the Ombudsman’s Office.
3.- If you require information about leasing or tenancy, it is advisable to go to the National Superintendence of Housing Leases (Sunavi) located on Avenida Principal de Las Mercedes crossing with Calle Orinoco.
4.-Those who invade are exposed to being deprived of liberty with sentences of 5 to 10 years according to the Organic Code of Criminal Procedure.
5.-The prosecutor’s office enabled the telephone number 0-800-372-33-23
for older adults to make complaints for violation of their rights.
Very active prosecutor to protect grandparents
In the attention program of the Public Ministry “Protect the Elderly” the Attorney General of the Republic Tarek William Saab, reported that this agency has received more than 500 complaints this year about crimes against the elderly.
He explained that of these complaints, 70 refer to invasions, 60 to disturbance of peaceful possession, and 35 to misappropriation.
Likewise, it was reported that the entities in the country with the highest incidence of this type of crime are the Metropolitan Area of Caracas, Lara, Carabobo, Zulia and Barinas.
Finally, he stressed that as part of the aforementioned program, the institution he leads enabled the telephone number 0-800-3RA-EDAD (0800-372-3323) to receive complaints involving actions against the elderly.
Likewise, the prosecutor instructed the Victim Attention Units of the Public Ministry to promptly attend to the complaints of the elderly that appear at the different offices of the agency.
The State, consistent with its policy of social inclusion, of respect for human rights, remains vigilant in defending the constitutional guarantees of the elderly.
