The IACHR considers that the arrest of the banker César Daniel Camejo Blanco was illegal because it was carried out without a court order or proof of flagrancy. Nor was it shown that he was duly informed about the reasons for his arrest. The Inter-American Court is asked to adopt measures of economic compensation and satisfaction for the benefit of Camejo Blanco and, in the event that his trial continues, it be carried out in accordance with the guarantees and standards of the American Convention.
The Inter-American Commission on Human Rights (IACHR) presented on August 31 to the Inter-American Court of Human Rights (IA Court) a case on Venezuela for the violation of the human rights of the banker César Daniel Camejo, due to his illegitimate deprivation of liberty and a criminal proceeding in his against.
In 2011 César Daniel Camejo, then president of the board of directors of “Casa Propia, Entidad de Ahorro y Préstamo”, was arrested at an airport for a measure prohibiting him from leaving the country, due to an investigation into corruption and financial crimes.
A court declared the annulment of his apprehension due to lack of a court order or proof of flagrante delicto; however, he ordered his preventive deprivation of liberty, for which he continued to be held in a headquarters of the Bolivarian National Intelligence Service (Sebin) for three years.
The appeals filed, for which the defense alleged irregularities such as lack of access to the file, lack of investigation and the imputable illicit conduct, were not effective in challenging the decision and obtaining his release.
The IACHR considered that the detention was illegal because it was carried out without a court order or proof of flagrancy. Nor was it shown that César Daniel Camejo Blanco was duly informed of the reasons for his arrest. In addition, the court based this deprivation of liberty on the eventual penalty to be applied and on general statements, instead of proven elements to establish the danger of flight.
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On the other hand, the time spent in detention was excessive and there was no periodic review of it. The principle of legality was also violated, since repealed laws were applied to it, and the most favorable criminal law should also be applied, which was not the case.
The IACHR also supports the case in which the Venezuelan State did not provide effective protection for the judicial guarantees of Camejo, who did not have access to the file, the evidence on which the criminal accusations against him were based, or the results of the investigation. research.
For this reason, they consider that the rights to personal liberty, judicial guarantees, the principle of legality, and the right to judicial protection, all of which are set forth in the American Convention, were violated.
The Commission asks the Inter-American Court to establish the following reparation measures:
- Adopt measures of economic compensation and satisfaction
- In the event that the criminal proceeding against César Daniel Camejo Blanco continues, ensure that it is carried out in accordance with the guarantees and standards of the American Convention.
- Order legislative, administrative and other measures to avoid the repetition of these violations, in particular to ensure that the regulations and practices regarding preventive detention are compatible with human rights standards and that the danger of flight is not presumed based on the sentence. established for the crime, but on the elements of the specific case. ”
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