According to information published by The New York Times, five people who claim to have been tortured, shot or beaten by military personnel under the command of Quero Silva filed a civil lawsuit this Tuesday, December 30, before a court in the Southern District of Florida, based on the Torture Victims Protection Act.
The Venezuelan soldier Rafael Quero Silva, accused by dozens of victims and human rights organizations for alleged torture and abuse committed during the 2013 and 2014 protests in Venezuela, faces the risk of being deported by the United States immigration authorities, while a group of those affected demands that he be tried in that country.
According to information published by The New York Timesfive people who claim to have been tortured, shot or beaten by military personnel under the command of Quero Silva filed a civil lawsuit this Tuesday, December 30, before a court in the Southern District of Florida, based on the Torture Victims Protection Act.
The regulation, in effect since 1991, allows victims to file civil actions in US federal courts against foreign officials accused of torture or extrajudicial executions committed while in official positions. According to the New York newspaper, the lawsuit requests unspecified compensation, although it is unknown if the former military man has assets that could respond to a possible conviction.
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The plaintiffs maintain that Quero Silva, then lieutenant colonel, led a military unit in Barquisimeto, Lara state, accused of repressive practices during protests against the government of Nicolás Maduro. If the case prospers, it would be the first trial in the United States against a Venezuelan military officer for abuses committed during the current administration, according to lawyers cited by the media.
Quero Silva was detained in March by Immigration and Customs Enforcement (ICE) officials and remains held in a migrant detention center in South Florida after being denied bail. Immigration authorities are evaluating his deportation. Public records indicate that in 2018 he participated as an extra in a production of Telemundo.
Reports of abuse
In the lawsuit, the victims report that soldiers under the command of Quero Silva fired tear gas and rubber bullets inside and outside residential complexes, set fire to the roof of a building, broke windows and caused damage to homes and vehicles. One of the plaintiffs claimed that her apartment was attacked for supporting protesters.
According to the court document, Quero Silva used to be on the front lines and directly supervise operations. The plaintiffs claim to have recognized him during the arrests and in the midst of the protests, an unusual element in this type of human rights cases.
They also accuse him of ordering degrading treatment against detainees, including beatings with riot shields and being forced to remain crouched for hours in custody, practices that — they claim — were carried out with his presence and supervision.
The victims hope that the process advances before an eventual deportation takes place and that the case sets a symbolic precedent for those who denounce abuses committed during the repression of protests in Venezuela.
*Journalism in Venezuela is carried out in a hostile environment for the press with dozens of legal instruments in place to punish the word, especially the laws “against hate”, “against fascism” and “against the blockade.” This content is being published taking into consideration the threats and limits that have consequently been imposed on the dissemination of information from within the country.
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