IACHR brought case 14,142 from Venezuela to the Inter-American Court of Human Rights (IACHR) for the violation of the rights of indigenous deputies elected in 2015 to a trial without undue delays and to their political rights.
The Inter-American Commission on Human Rights (IACHR) sent to the Inter-American Court of Human Rights (IACHR) the case of Norma Estela Guarulla Garrido, Julio Haron Ygarza, and Romel Edgardo Guzamana, the indigenous deputies from Amazonas elected in the parliamentary elections of December 2015 that were invalidated by the Supreme Court of Justice (TSJ).
In a press release, this Thursday, July 25, it was reported that the IACHR presented case 14,142 of Venezuela before the Inter-American Court of Human Rights (IACHR) on May 16, 2024, for the violation of the rights of the deputies to a trial without undue delays and their political rights, after their election as deputies of the National Assembly (AN).
#IACHR presents to the @CorteIDH case of #Venezuela for violation of political rights and judicial guarantees.#Human rights 👉🏾 https://t.co/7g7ej6CNaV pic.twitter.com/YVR3N067tZ
— IACHR (@CIDH) July 25, 2024
«In December 2015, Venezuela held elections for the National Assembly for the period 2016-2021. In the state of Amazonas, the elected representatives were Norma Estela Guarulla Garrido and Julio Haron Ygarza, from the Democratic Unity Roundtable, and Romel Edgardo Guzamana as indigenous representative for the Southern Region. Although the National Electoral Council (CNE) officially proclaimed the elected candidates, a former candidate challenged the results due to allegations of manipulation and fraud, which led the Electoral Chamber of the TSJ to order the suspension of the results. However, the National Assembly swore in the affected deputies, which led the Electoral Chamber to declare them in contempt of the Assembly and order the removal of these persons,» it was recalled.
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The Commission noted, in its Admissibility and Merits Report No. 407/21, that the victims (deputies) were unable to assume the positions to which they were elected in 2015, and that the process has not yet been completed.
In this regard, the IACHR determined that the length of the electoral process, which prevented the deputies from taking definitive possession of their posts, was contrary to judicial guarantees and protection. This impacted both the right to active and passive suffrage, and ultimately affected the right of the victims to exercise their positions.
“The Commission concluded that the State of Venezuela is responsible for the violation of the rights to judicial guarantees and judicial protection protected by Articles 8.1 and 25.1 of the American Convention on Human Rights, and of the political rights contained in Article 23.1 of the same treaty, in relation to Article 1.1 of the American Convention, to the detriment of Julio Haron Ygarza, Nirma Estela Guarulla Garrido and Romel Edgardo Guzamana.”
The Commission also recommended that the State adopt measures to ensure the immediate conclusion of the electoral dispute process followed in the file, and “to provide full compensation to the victims for the violations declared in the report, with fair compensation for material and moral damages.”
Another key aspect in this case of the Amazonas deputies is the need to implement non-repetition measures “that guarantee clarity on the rules that will govern the electoral contentious processes, including the participation of the parties, the time limits for judicial actions and the possible measures to be adopted as part of the precautionary measures.”
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