The proposed law presented to the National Assembly grants a general amnesty for political and related crimes committed in different cycles of conflict, exhaustively specified in the instrument. Excludes serious violations of human rights, intentional homicide, drug trafficking and crimes against public property.
The draft Amnesty Law for Democratic Coexistence establishes the granting of a general and full amnesty to people prosecuted or convicted for political or related crimes committed between January 1, 1999 and January 30, 2026. In its article 1 it establishes that its scope of application covers “all those people who have been prosecuted or convicted for the alleged or proven commission of political or related crimes (…) within the framework of the events of violence for political reasons indicated in this Law.
More than a general political amnesty, the project is strictly limited to 10 specific historical episodes:
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The Coup d’état of April 11, 2002, including the assaults and attacks against governorates, mayors’ offices, and public and private facilities.
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The acts of violence for political reasons within the framework of the business and oil strike and sabotage from December 2002 to February 2003.
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The politically motivated acts of violence that occurred in February and March 2004.
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The politically motivated acts of violence that occurred in August 2004.
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The politically motivated acts of violence that occurred in May 2007.
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The acts of politically motivated violence that occurred within the framework of the presidential elections of April 2013.
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The politically motivated acts of violence that occurred between February and June 2014.
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The politically motivated acts of violence that occurred between March and August 2017.
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The politically motivated acts of violence that occurred between January and April 2019.
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The acts of politically motivated violence that occurred within the framework of the presidential elections of July 2024.
The initiative consists of 13 articles. The former define the object, purposes, guiding principles and rules of interpretation of the law. The articles indicate that, in case of doubts about its application, the interpretation that most favors respect, protection and guarantee of human rights must be adopted.
Article 7 establishes the crimes expressly excluded from the amnesty. Serious violations of human rights, crimes against humanity and war crimes are excluded, in accordance with the Constitution. Intentional homicide is also excluded; trafficking in narcotic drugs and psychotropic substances when the applicable minimum sentence exceeds nine years in prison; and crimes against public property.
One of the central effects of the law is the extinction of all criminal, administrative, disciplinary or civil actions related exclusively to the amnestied events. The text orders in its article 8 the immediate cessation of measures of personal coercion and alternative measures to deprivation of liberty that are in force, as well as the suspension of extradition requests linked to these events.
The project also regulates the judicial procedure for the application of the amnesty, in its article 9. The competent court must verify the assumptions in each case and decree the dismissal of ongoing proceedings or the review of final sentences for their annulment through replacement decisions. In addition, the police, investigative bodies and military authorities must conclude the investigations and procedures related to the events subject to the law.
In terms of records and background, the proposal orders administrative, police and military organizations to eliminate from their files all references to the people who benefited from the amnesty. This deletion must be carried out ex officio or at the request of the Public Ministry or the interested person.
Monitoring the application of the law would be the responsibility of the national Executive, through the ministry with jurisdiction over justice, which must develop and implement mechanisms to ensure compliance. The rule establishes that it will come into force upon its publication in the Official Gazette.
The Amnesty Bill was approved in first discussion in the National Assembly on Thursday, February 5with the unanimous vote of the deputies in a session in which not even the explanatory statement was read. The deputies learned the articles of the law the next day, this Friday February 6.
In the Explanation of Reasons It is established that the proposal is based on the premise that political polarization has “left deep wounds” in Venezuelan society and proposes amnesty as a mechanism to move towards peace and coexistence, from respect for diversity and political pluralism.
“People from different political currents, as well as citizens without any militancy, have been involved in criminal proceedings, restrictive measures or situations of persecution linked to events of a political nature or the exercise of citizen rights,” the document admits.
*Read also: Explanation of reasons for the amnesty law proposal admits political persecution
*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 was written taking into consideration the threats and limits that, consequently, have been imposed on the dissemination of information from within the country.
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