Organizations grouped in the Network for the Human Rights of Children and Adolescents expressed their concern about the conviction against Gabriel Rodríguez Méndez, As it is the first documented case of a teenager sentenced for terrorism in Venezuela in the post-electoral context of 2024.
The organization warned that this decision sets a serious precedent and demonstrates an expansive use of criminal law facing situations of political conflict.
“This judicial decision is inserted in a broader pattern of adolescent criminalization through disproportionate criminal types, incompatible with national and international standards of juvenile criminal justice,” the network said in a statement released by Provea.
“A dangerous punitive drift”
The organizations stressed that the use of the crime of terrorism against a person in the process of development constitutes “a dangerous punitive drift” of the judicial system.
They maintained that this case represents a turning point in the criminal treatment of adolescents, by applying one of the most severe crimes in the legal system in a process that, in their opinion, It should have been governed by the principles of comprehensive protection, exceptionality and minimal intervention.
In that sense, they recalled that The criminal response must always be the last resort of the State and that deprivation of liberty should be applied exceptionally and for the shortest possible time, taking into account the best interests of the child.
“The broad and severe nature of this criminal offense is incompatible with a differentiated and protective state response, particularly when a real, concrete and imminent threat against the population or the security of the State is not proven,” they expressed.
Likewise, the network expressed alarm over violations of due process, among them the lack of guarantees related to the right to defense, respect for the dignity of the adolescent, immediate communication with his family and other safeguards provided for in Venezuelan legislation.
The State must guarantee the safety of Gabriel Rodríguez
Given this situation, he demanded that the Public Defense immediately file the appeal within the established legal period, as an essential part of the right to defense and effective access to justice.
Likewise, he sued the Venezuelan State guarantee the safety and physical and psychological integrity of Gabriel Rodríguez Méndez, as well as detention conditions consistent with their age and development, including specialized medical and psychological care and regular contact with their family.
The organization also requested the immediate release of other adolescents who remain deprived of liberty in the post-electoral context of 2024, many of them charged with crimes such as terrorism or incitement to hatred, without sufficient evidence and in alleged violation of the principle of exceptionality of deprivation of liberty.
In his opinion, prolonged preventive detention and the use of the penal system as a mechanism of social control violate the Convention on the Rights of the Child and the Organic Law for the Protection of Children and Adolescents.
Finally, he asked for a comprehensive review of all criminal cases pursued against adolescents in courts with jurisdiction over terrorism and requested the urgent intervention of national protection bodies, such as the Ombudsman’s Office, as well as the monitoring of international human rights mechanisms.
“The protection of children does not allow ambiguities or setbacks. A State that insists on affecting children with socio-political conflicts and treats an adolescent as a terrorist renounces its protective function and converts punishment into a form of institutional violence.” the organizations warned.
