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CHRISTOPHER BIRKBECK UNIVERSIDAD DE LOS ANDES VENEZUELA SHEFFIELD, NOVEMBER 30, 2005

POLICE USE OF FORCE AND TRANSNATIONAL REVIEW PROCESSES: THE VENEZUELAN POLICE UNDER THE INTER-AMERICAN HUMAN RIGHTS SYSTEM. CHRISTOPHER BIRKBECK UNIVERSIDAD DE LOS ANDES VENEZUELA SHEFFIELD, NOVEMBER 30, 2005. ACCOUNTABILITY FOR THE USE OF FORCE. ADMINISTRATIVE OVERSIGHT

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CHRISTOPHER BIRKBECK UNIVERSIDAD DE LOS ANDES VENEZUELA SHEFFIELD, NOVEMBER 30, 2005

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  1. POLICE USE OF FORCE AND TRANSNATIONAL REVIEW PROCESSES: THE VENEZUELAN POLICE UNDER THE INTER-AMERICAN HUMAN RIGHTS SYSTEM CHRISTOPHER BIRKBECK UNIVERSIDAD DE LOS ANDES VENEZUELA SHEFFIELD, NOVEMBER 30, 2005

  2. ACCOUNTABILITY FOR THE USE OF FORCE • ADMINISTRATIVE OVERSIGHT • WITH OR WITHOUT CIVILIAN REVIEW • THE CRIMINAL JUSTICE SYSTEM • CIVIL LAW • THE INTER-AMERICAN SYSTEM OF HUMAN RIGHTS

  3. American Declaration of the Rights and Duties of Man (OAS, 1948) American Convention on Human Rights (Pact of San José, Costa Rica, 1969) Inter-American System of Human Rights

  4. 7,200 39, 500 9,500 55,500

  5. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990. Whereas the work of law enforcement officials * is a social service of great importance and there is, therefore, a need to maintain and, whenever necessary, to improve the working conditions and status of these officials, Whereas a threat to the life and safety of law enforcement officials must be seen as a threat to the stability of society as a whole, Whereas law enforcement officials have a vital role in the protection of the right to life, liberty and security of the person, as guaranteed in the Universal Declaration of Human Rights and reaffirmed in the International Covenant on Civil and Political Rights,

  6. THE AMPARO MASSACRE IN THE INTER-AMERICAN SYSTEM • NGO’s (Provea, Red de Apoyo) take the case to the Comission • Case No. 10,062 – admitted August 1990 • Final Report (1993): The Venezuelan government is responsible • Commission sends the case to the Court (1994) • 1995 – Venezuelan government accepts the facts as stated • 1996 – Court orders US$722,332 compensation • 1997 – Government pays victims’ families

  7. THE CARACAZO IN THE INTER-AMERICAN SYSTEM • Eleazar Ramón Mavares – Comission, 1992 • Confidential report – 1994 • Friendly agreement – 1995 • Compensation - US$27,000 - 1997 • Case No. 11,455 (44 Victims) – admitted March 1995 • Confidential report (1998): Venezuelan government is responsible • Comission sends the case to the Court (1999) • 1999 – Government accepts facts as stated • 2002 – Court orders compensation: US$1.5 million (pecuniary damages) and US$3.9 million (non-pecuniary damages) • 2004 – Government pays the indemnization

  8. THE CATIA PRISON IN THE INTER-AMERICAN SYSTEM • 1996 - COFAVIC – Commission • 1998 – Comission seeks friendly agreement • 2000 – Friendly agreement • 2004 – CEJIL/COFAVIC allege non-compliance by the Venezuelan government • February, 2005 – Comission sends case to the Court

  9. THE VARGAS FLOODS IN THE INTER-AMERICAN SYSTEM • February 2000 – 3 NGO’s present habeas corpus petitions in Venezuela • February/July 2000 – 3 cases presented to the Commission • November 2001 – the Comission accepts the cases

  10. OTHER CASES IN THE INTER-AMERICAN SYSTEM • The Country Report (2003) • Carmen Eloisa Barrios et alia (2004)

  11. RESULTS SELECTIVITY: • Mass murders (Amparo Massacre, Catia Prison) • Spree murders (Caracazo, Vargas Floods) • Serial murders (Country Report, Barrios Case)

  12. RESULTS • Authoritative decisions concerning serious abuses in the use of force • Recognition and compensation for victims

  13. CHALLENGES • Length of proceedings • Governmental vs. individual liability

  14. CONCLUSION • Reparation vs. Prevention • Support for NGO’s working on human rights issues

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