On 16 January 2016, Maduro approved an unconstitutional economic emergency decree, relegating to his own figure the legislative and executive powers, while also holding judiciary power through the fraudulent designation of judges the day after the election on 6 December 2015. From these events, Maduro effectively controls all three branches of government. On 14 May 2016, constitutional guarantees were in fact suspended when Maduro decreed the extension of the economic emergency decree for another 60 days and declared a State of Emergency, which is a clear violation of the Constitution of Venezuela in the Article 338th: "The approval of the extension of States of emergency corresponds to the National Assembly." Thus, constitutional rights in Venezuela are considered suspended in fact by many publications and public figures.
Suspension of constitutional rights
Venezuela
Venezuela | Suspension of constitutional rights
The approval of the extension of States of emergency corresponds to the National Assembly. It is attributed to inflation, violence and shortages in Venezuela. Action by the government led by Maduro. A series of protest and demonstrations began in Venezuela, attributed to inflation, violence and shortages in Venezuela.
what is the symbol of flag of ecuador?
user
It consists of horizontal bands of yellow (double width), blue and red.
assistant
who designed it?
user
Sorry. I cannot find the answer based on the context.
assistant
does it resemble any other flag?
user
Yes, Colombia and Venezuela
assistant
which pledge is related to it?
user
Juramento a la Bandera
assistant
does the above latter country face any kind of shortage?
user
Yes, products like milk, various meats, basic necessities etc.
assistant
is any rights suspended over there?
user
Yes, constitutional rights.
assistant
why?
user
The Supreme Court ultimately ruled the courts unconstitutional, but on the grounds that the President had neglected to suspend the relevant constitutional rights (right to a defence, right to be tried by one's natural judge) rather than on the due process grounds for which they were criticised.
Human rights in Venezuela | 1990s
On 16 January 2016, Maduro approved an unconstitutional economic emergency decree, relegating to his own figure the legislative and executive powers, while also holding judiciary power through the fraudulent designation of judges the day after the election on 6 December 2015. From these events, Maduro effectively controls all three branches of government. On 14 May 2016, constitutional guarantees were in fact suspended when Maduro decreed the extension of the economic emergency decree for another 60 days and declared a State of Emergency, which is a clear violation of the Constitution of Venezuela in the Article 338th: "The approval of the extension of States of emergency corresponds to the National Assembly." Thus, constitutional rights in Venezuela are considered suspended in fact by many publications and public figures.
Venezuela | Suspension of constitutional rights
The 2015 parliamentary elections were held on 6 December 2015 to elect the 164 deputies and three indigenous representatives of the National Assembly. In 2014, a series of protest and demonstrations began in Venezuela, attributed to inflation, violence and shortages in Venezuela. The government has accused the protest of being motivated by fascists, opposition leaders, capitalism and foreign influence, despite being largely peaceful. President Maduro acknowledged PSUV defeat, but attributed the opposition's victory to an intensification of an economic war. Despite this, Maduro said "I will stop by hook or by crook the opposition coming to power, whatever the costs, in any way".
Venezuela | Suspension of constitutional rights
Because of Requesens' government position, he should have received political immunity. Diosdado Cabello, acting in his position as president of the Constituent National Assembly, unlawfully revoked this protection for both Requesens and his co-accused Julio Borges the day after Requesens' arrest. The Venezuelan National Assembly Vice President invoked the Constitution of Venezuela, which says that "only the Supreme Court of Justice has the authority to order a deputy's arrest, with congressional approval", in Article 200, which states that a prior decision to arrest a lawmaker must be made by the National Assembly and then approved by the Supreme Court in order to be legal.
Detention of Juan Requesens | Legal rights
In the following months, Maduro fulfilled his promise of preventing the democratically and constitutionally elected National Assembly from legislating. The first steps taken by PSUV and government were the substitution of the entire Supreme court a day after the Parliamentary Elections contrary to the Constitution of Venezuela, acclaimed as a fraud by the majority of the Venezuelan and international press. The "Financial Times" described the function of the Supreme Court in Venezuela as "rubber stamping executive whims and vetoing legislation". The PSUV government used this violation to suspend several elected opponents, ignoring again the Constitution of Venezuela. Maduro said that "the Amnesty law (approved by the Parliament) will not be executed" and asked the Supreme Court to declare it unconstitutional before the law was known.
Venezuela | Suspension of constitutional rights
On August 27, 2019, the Supreme Court of Justice suspended the board of directors of the Copei to appoint a board of directors chaired by Miguel Salazar. Previously, the National Social Christian Assembly elected Mercedes Malavé on March 27, 2019. In May, Tarek William Saab, the Attorney General appointed by the National Constituent Assembly, requested that the Supreme Tribunal of Justice declare Popular Will as a "terrorist organization," which would lead to the prohibition of the party. Popular Will rejected said accusations. On 15 June, the Supreme Tribunal suspended the directive board of Democratic Action to appoint a new one presided by José Bernabé Gutiérrez, days after his brother José Luis Gutiérrez was appointed by the high court as rector of the National Electoral Council.
2020 Venezuelan parliamentary election | Suspension of political parties directives
Opposition leaders responded by calling on protests against the CNE's actions. The day after the government's announcement, several thousand Venezuelans marched through Caracas protesting against the suspension. Demonstrators were led by Lilian Tintori and Patricia Gutiérrez, wives of arrested opposition politicians. Experts described the suspension as "unconstitutional". Venezuelan constitutional law expert Jose Vicente Haro stated that the move by the Bolivarian government shows no respect for the constitution while the Washington Office on Latin America called the suspension "a setback for democracy".
Presidency of Nicolás Maduro | Reaction
The ruling also granted President Maduro the power to suspend elections, imprison opposition deputies and withdraw Venezuela from the Organization of American States.
2017 Venezuelan constitutional crisis | Judicial events
In response, the Congress, which in July had decided to go into recess until October to avoid conflict with the Constituent assembly, declared its recess over, effective 27 August.
Constitution of Venezuela | The "judicial emergency committee"
The Venezuelan opposition says its actions are based on the 1999 Constitution of the Bolivarian Republic of Venezuela, specifically Articles 233, 333 and 350. The first paragraph of Article 233 states: "when the president-elect is absolutely absent before taking office, a new election shall take place (...) And while the president is elected and takes office, the interim president shall be the president of the National Assembly". Article 333 calls for citizens to restore and enforce the Constitution if it is not followed. Article 350 calls for citizens to "disown any regime, legislation or authority that violates democratic values, principles and guarantees or encroaches upon human rights”.
Venezuelan presidential crisis | Justification for the challenge
Deputy Juan Requesens was attacked by colectivo forces while Carlos Paparoni was pushed to the concrete by a National Guardsman. A journalist for the National Assembly's broadcast team, El Capitolio TV was struck in the head and required stitches. Government supporters and authorities also attempted to take recording devices away from the media on the scene. In a rare break of ranks, on 31 March 2017, pro-government Attorney General Luisa Ortega Díaz stated on Venezuelan state television while holding a copy of the 1999 Constitution that the TSJ's ruling was a "rupture of constitutional order" and that it was her "duty to inform my country of my deep concern over these events," with her audience responding with a lengthy applause.
2017 Venezuelan constitutional crisis | Reactions to the judicial ruling
The law allows the freezing of assets and visa bans for those accused of using acts of violence or violating the human rights of those opposing the Venezuelan government. In March 2015, the United States froze assets and revoked visas of several senior officials connected to human rights abuses in Venezuela; these sanctions were condemned in Latin America.
Human rights in Venezuela | 2014 Venezuelan protests
The call generated further protests. 920 Battalions were created and maintained, composed by 200,000 militias to respond to violent protests. Pedro Carreño, aide of Diosdado Cabello, stated that Venezuela would be suffering an attack similar to the 1973 Chilean coup d'état against Salvador Allende, and that those militias would prevent that. Capriles complained that Maduro is preparing forces to wage a war, and said "let the world see who wants elections and who tries to impose himself by force". Protesters may be tried under military justice, instead of civil courts. The constitution of Venezuela limits the scope of the military courts to crimes of a military nature.
2017 Venezuelan constitutional crisis | Reactions to constitutional assembly
The Court ruled that the National Assembly was "in a situation of contempt", because of the aforementioned rulings against the election of some of its members. It stripped the Assembly of legislative powers, and took those powers for itself; which meant that the Court might have been able to create laws. The court did not indicate if or when it might hand power back. A statement issued by the court however stated that it would retain the powers of the legislature until the "contempt situation persists and the National Assembly actions are invalidated". The action transferred powers from the Assembly, which had an opposition majority since January 2016, to the Supreme Tribunal of Justice, which has a majority of government loyalists.
2017 Venezuelan constitutional crisis | Judicial events
Borges, the Assembly President, stated that officials should follow Ortega's example and called on the military "to obey the orders of your conscience." Meanwhile, protesters were repressed by the National Guard armed with buckshot and batons. Many demonstrators were arrested, with the media being caught in the assault, having their cameras confiscated while one female reporter of Caracol Radio was singled out by a group of troops and beaten.
2017 Venezuelan constitutional crisis | Reactions to the judicial ruling
On 22 May, the Republican Moral Council – which the opposition hoped would establish proceedings against TSJ judges – shared their approval of the National Constitutional Assembly despite the absence of Attorney General Ortega, with Ombudsman Tarek William Saab stating that "The call to the National Constituent Assembly is a constitutional exit to the political situation that the country is living, in order to foster dialogue and coexistence of the country". The next day on 23 May, Danilo Antonio Mojica Monsalvo, the magistrate of the Social Cassation Chamber of the TSJ announced his disagreement with President Maduro's Constitutional Assembly, stating that without a popular referendum voting on the assembly, the move would be "spurious ...
2017 Venezuelan constitutional crisis | Approval
Against this, some of his opponents, including notably the chief justice of the supreme court, Cecilia Sosa Gomez, argued that the Constitutional Assembly must remain subordinate to the existing institutions until the constitution it produced had been ratified. In mid August 1999, the Constitutional Assembly moved to restructure the nations judiciary, giving itself the power to fire judges, seeking to expedite the investigations of corruption outstanding against what the "New York Times" estimated were nearly half of the nation's 4700 judges, clerks, and bailiffs. On 23 August, the supreme court voted 8-6 that the Assembly was not acting unconstitutionally in assuming those powers; however, the next day Cecilia Sosa Gomez resigned in protest.
History of Venezuela (1999–present) | New constitution
A series of demonstrations in March and April calling for the resignation of President Carlos Andrés Pérez and the restoration of constitutional guarantees were met with state violence including indiscriminate police firing into crowds, with a total of 13 deaths. A number of members of the press covering the protests were severely injured by police. Although participants in the February coup attempt were tried under the regular military justice system, in response to the November coup attempt the government created ad hoc courts based on the 1938 legal code of Eleazar López Contreras, drawn up twenty years before the transition to democracy.
Human rights in Venezuela | 1990s
Over 190 judges were eventually suspended on charges of corruption. Eventually the Supreme Court was also dissolved and new judges were appointed that were supporters of Chávez.
History of Venezuela (1999–present) | New constitution
In 1997, Article 144 of the Suffrage and Political Participation Organic Act established a 30% women quota in the lists of the parliamentary candidates. In 2000 the National Electoral Council suspended this article, declaring it unconstitutional because it violated the equality principle of the Article 21. The expected consequence of this suspension was parity and an increase of the quota to 50%, but this has not been the case due to poor implementations and no measures being taken for infringements of legislations. As of 2019, 38 out of 165 deputies elected to the National Assembly are women. The number of ministries led by female politicians has decreased, compared to Chávez's final cabinet, from 39% to 24%.
Women in Venezuela | Representation
Conflict soon arose between the Constituent assembly and the older institutions it was supposed to reform or replace. During his 1998 presidential campaign, and in advance of the 25 July elections to the Assembly, Chávez had maintained that the new body would immediately have precedence over the existing Congress and the courts, including the power to dissolve them if it so chose. Against this, some of his opponents, including notably the Chief Justice of the Supreme Court, Cecilia Sosa Gomez, argued that the Constituent assembly must remain subordinate to the existing institutions until the constitution it produced had been ratified.
Constitution of Venezuela | The "judicial emergency committee"
In mid August 1999, the Constituent assembly moved to restructure the nation's judiciary, claiming the power to fire judges, seeking to expedite the investigations of corruption outstanding against what the "New York Times" estimated were nearly half of the nation's 4700 judges, clerks, and bailiffs. On 23 August, the Supreme Court voted 8–6 that the Assembly was not acting unconstitutionally in assuming those powers; however, the next day Cecilia Sosa Gomez resigned in protest. Over 190 judges were eventually suspended on charges of corruption. On 25 August, the Constituent assembly declared a "legislative emergency," voting to limit the Congress's work to matters such as supervising the budget and communications.
Constitution of Venezuela | The "judicial emergency committee"
Chief justice Maikel Moreno asked that the Constituent Assembly (ANC), controlled by Maduro loyalists, remove Guaidó's parliamentary immunity as president of the National Assembly, moving the Maduro administration a step closer towards prosecuting Guaidó. Guaidó supporters disagree that the Maduro-backed institutions have the authority to ban Guaidó from leaving the country, and consider acts of the ANC "null and void". The Venezuelan Constitution provides that only the National Assembly can bring the president to trial by approving the legal proceeding in a "merit hearing". On 2 April, after the ANC voted to remove his parliamentary immunity, Guaidó promised to continue fighting "Maduro’s 'cowardly, miserable and murderous' regime".
Venezuelan presidential crisis | Revocation of Guaidó's parliamentary immunity
A number of members of the press covering the protests were severely injured by police. Participants in the February coup attempt were tried under the regular military justice system. But in response to the November coup attempt, the government created "ad hoc" courts based on the 1938 legal code of Eleazar López Contreras, drawn up twenty years before the transition to democracy. The Supreme Court ultimately ruled the courts unconstitutional but not on the due process grounds for which they were criticised. The Court instead found that the President had neglected to suspend the relevant constitutional rights (right to a defense, right to be tried by one's natural judge).
1992 Venezuelan coup d'état attempts | Government response
The move was denounced by the opposition, with Assembly President Julio Borges making statements on 30 March describing the action as a coup d'état by President Nicolás Maduro. Borges called on the military to intervene, stating that "they cannot remain silent in the face of the violation of the Constitution" and "that FAN officers are also going through drama caused by the high cost of life. We want to make a call on them to be the first guardians of democracy and the Venezuelan Constitution and that they become part of the solution." Finally, Borges called on international attention to the ruling and called for new protests saying "there is fear, there is repression, but it is time to stand up." Hours later, opposition officials gathered outside of the TSJ headquarters and were attacked by pro-government paramilitary groups called colectivos and National Guard troops.
2017 Venezuelan constitutional crisis | Reactions to the judicial ruling
The rival Constituent Assembly stripped the members of their parliamentary immunity. The National Assembly dismissed the sentence, holding that the members of the Tribunal are illegitimate and that their ruling violates the parliamentary immunity of the deputies. As of 2 May 2019, there were 205 arrests related to protests. National Assembly Vice President Edgar Zambrano was arrested on 8 May 2019. With the seven deputies charged several crimes, an "El País" article stated that the Venezuelan parliament, elected to a majority in the 2015 elections, has been "systematically blocked" and dismembered by "political persecution" of 60% of its elected members.
Venezuelan presidential crisis | Arrests and detentions
Following the reversal of the rulings by the TSJ, the National Assembly prepared proceeding against the court, accusing the court of not being separated from the executive, though Reuters noted that "the move by the opposition-led congress would only be symbolic because it remains powerless". Following the criticism of the TSJ's ruling by Attorney General Ortega, there were calls for her to be involved in the so-called Republican Moral Council, made up of the Prosecutor's Office, the Office of the Comptroller and the Office of the Ombudsman, which had the right to remove members of the TSJ according to the Venezuelan constitution.
2017 Venezuelan constitutional crisis | Proceedings against TSJ
On 1 December 2016, Venezuela was suspended from Mercosur. On 5 August 2017, the foreign ministers of Argentina, Paraguay, Uruguay and Brazil affirmed that Venezuela's membership in Mercosur is suspended indefinitely in response to the "rupture of the democratic order" in that country following the 30 July 2017 Constituent Assembly elections. The bloc by-laws have no provision for expulsion. However, trade and migration policies stay without changes in order to avoid aggravating the social crisis. Brazilian Foreign Minister Aloysio Nunes said that Venezuela will remain suspended until the country "re-establishes democracy."
Mercosur | Suspension of Venezuela
On 20 June 2017, President of the National Assembly Julio Borges, the opposition-led legislative body of Venezuela, announced the activations of Articles 333 and 350 of the Venezuelan Constitution. A "road map" was also enacted by the opposition which entailed the nullification of further actions performed by the TSJ, the call for a continuous, peaceful protest movement "until the restitution of the constitutional order" and for Venezuelans to continue to confront President Maduro's constitutional assembly.
2017 Venezuelan constitutional crisis | Parallel Supreme Tribunal
Soon after President Chávez was first elected, a national referendum was called in April 1999 in which 92% of voters favored drafting a new constitution. The constitution was drafted by an elected assembly with the participation of diverse citizens' groups, and was voted on later that year in another national referendum and approved with 71.8% support among voters. The new constitution of Venezuela sought to secure a wider range of human rights, such as health care as a human right. It also created an Office of the Public Defender, which includes the Human Rights Ombudsman's Office. Of the 350 articles in the 1999 constitution, 116 are dedicated to duties, human rights, and guarantees, including a chapter on the rights of indigenous peoples.
Human rights in Venezuela | Legal framework
During protests on 4 April, opposition leaders announced that they would pursue the removal of the seven judges who signed the rulings against the National Assembly. On 7 April, Ombudsman Tarek William Saab announced the decision of the Republican Moral Council decision on the TSJ judges, stating that he and Comptroller Manuel Galindo had rejected the request to endorse proceedings against the TSJ, whereas Attorney General Ortega had dissented.
2017 Venezuelan constitutional crisis | Proceedings against TSJ
Maduro's Foreign Minister Jorge Arreaza defended the expulsions, saying that the constitutional government of Venezuela "will not allow the European extreme right to disturb the peace and stability of the country with another of its gross interventionist actions."
Venezuelan presidential crisis | Maduro response
Since the creation of the Constituent National Assembly in August 2017, the Bolivarian government has declared the 1999 constitution suspended until a new constitution is created. The Constitution of 1999 was the first constitution approved by popular referendum in Venezuelan history, and summarily inaugurated the so-called "Fifth Republic of Venezuela" due to the socioeconomic changes foretold in its pages, as well as the official change in Venezuela's name from the "República de Venezuela" ("Republic of Venezuela") to the "República Bolivariana de Venezuela" ("Bolivarian Republic of Venezuela"). Major changes are made to the structure of Venezuela's government and responsibilities, while a much greater number of human rights are enshrined in the document as guaranteed to all Venezuelansincluding free education up to tertiary level, free health care, access to a clean environment, right of minorities (especially indigenous peoples) to uphold their own traditional cultures, religions, and languages, among others.
Constitution of Venezuela | Introduction
President Maduro has stated that some protests "have included arson attacks on government buildings, universities and bus stations." The National Guard alleged that they had prevented some violent students from the University of the Andes (ULA) from entering a premises. The governor of Aragua state, Tarek El Aissami, claimed that six opposition protesters were arrested for having firearms with one of the arrested being accused of allegedly shooting an officer with El Aissami saying, "He's a fascist. We ordered the Public Ministry and the entire judiciary application of all penalties" The article 68 of the constitution also states that "citizens have the right to demonstrate" as long as it is "peacefully and without weapons".
Venezuelan protests (2014–present) | Violent protests
On May 14, 2019 the ANC in ordinary session approved to disqualify the parliamentary immunity of five deputies of the National Parliament, including in the previous list deputies Carlos Paparoni and Miguel Pizarro in an illegal and unconstitutional way. The actions taken by the Full Chamber (Spanish: Fiscal General) of the TSJ violate the Constitution of the Bolivarian Republic of Venezuela when requesting the lifting of parliamentary immunity to the ANC and not to the AN, who is the only competent authority in the matter, and also modifies the criterion of flagrancy to grant the acquiescence of their immunity without complying with the pre-merit pre-requisite requirement (articles 187.20 and 200 of the Constitution).
Juan Andrés Mejía | Political persecution
On 29 March 2017, the Supreme Tribunal of Justice (TSJ) of Venezuela took over legislative powers of the National Assembly. The Tribunal, mainly supporters of President Nicolás Maduro, also restricted the immunity granted to the Assembly's members, who mostly belonged to the opposition. The dissolution was considered by the opposition to be a "coup" while the Organization of American States (OAS) termed the action a "self-coup". The decision was condemned by some media outlets with analysts characterizing the move as a turn towards authoritarianism and one-man rule. Politicians throughout the Americas, as well as leaders from the United Nations, expressed concern with the decision and demanded its reversal, though the Venezuelan government stated no coup had taken place and instead justified its decision as a reaction to "coup-like actions" allegedly performed by the opposition.
2017 Venezuelan constitutional crisis | Introduction
This included Attorney General Luisa Ortega Díaz, who during a press conferenced in the seat of the Public Ministry defined both sentences as a "rupture of the constitutional order". Maduro qualified the Attorney's declarations as a "impasse" between the Public Ministry and the Tribunal, as the reason why the same day he convened a Nation Defense Council to discuss the review of sentences 155 and 156. The following day, the Tribunal published clarifications on the sentences where the measures that transferred the parliament competences to the Tribunal and Maduro were partially suppressed. Jurists definied the clarifications as illegal, since the Constitutional Chamber cannot make a review of the sentences for being "res judicata" (claim preclusion).
Supreme Tribunal of Justice (Venezuela) | Rulings 155 and 156
On 29 March 2017, the Supreme Court (TSJ) stripped the Assembly of its powers, ruling that all powers would be transferred to the Supreme Court. The previous year the court found the assembly in contempt for swearing in legislators whose elections had been deemed invalid by the court. The 2017 court judgement declared that the "situation of contempt" meant that the assembly could not exercise its powers. The action transferred powers from the Assembly, which had an opposition majority since January 2016, to the Supreme Court, which has a majority of government loyalists. The move was denounced by the opposition with Assembly President Julio Borges describing the action as a coup d'état by President Nicolás Maduro.
National Assembly (Venezuela) | 2017 constitutional crisis
The 1999 Constitution, with 350 articles, is among the world's longest, most complicated, and most comprehensive constitutions. One of the outstanding differences between Venezuelan and most of the other constitutions of the Americas is the lack of the possibility of impeachment of the president by the national parliament. Instead, it enables citizens to remove the president through a recall referendum.
Constitution of Venezuela | Introduction
On 7 August 2018, National Assembly deputy Juan Requesens was taken from his apartment in Caracas by SEBIN with his sister, who was released, supposedly in relation to the Caracas drone attack a few days earlier, though many sources refer to his unconstitutional arrest and detention as being "political" and "arbitrary", that the government used the drone attack as an excuse to penalise the opposition. He was taken contrary to his political immunity and without evidence or trial.
Human rights in Venezuela | Juan Requesens
On 18 August the Constituent Assembly summoned the members of the National Assembly to attend a ceremony acknowledging its legal superiority; the opposition members of the National Assembly boycotted the event. In response, the Constituent Assembly stripped the National Assembly of its legislative powers, assuming them for itself. It justified the move by claiming that the National Assembly had failed to prevent what it called "opposition violence" in the form of the 2017 Venezuelan protests. The constitutionality of this move has been questioned, and it has been condemned by several foreign governments and international bodies.
National Assembly (Venezuela) | 2017 constitutional crisis
On 12 January 2017, Rául Baduel was re-arrested on allegations that he was plotting to overthrow the government. Multiple other opposition politicians were detained in what opposition politicians called trumped up charges. In 2017, Attorney General Luisa Ortega Díaz denounced the rupture of democracy in Venezuela when the Venezuelan Supreme Court, in a move both nationally and internationally considered a power grab, assumed powers constitutionally attributed to the National Assembly. The Supreme Court barred her from leaving the country and froze her assets, due to alleged "serious misconduct" in office, and she was dismissed as Prosecutor General by the newly established National Constitutional Assembly.
Venezuelan crisis defection | 2017 constitutional crisis
The following days after the recall movement was cancelled, 1.2 million Venezuelans protested throughout the country against the move and demanded President Maduro to leave office. Protests in Caracas remained relatively calm while protests in other states resulted in clashes between demonstrators and authorities, leaving one policeman dead, 120 injured and 147 arrested. That day, the opposition gave President Maduro a deadline of November 4, 2016 to hold elections, with opposition leader Henrique Capriles stating, "today we are giving a deadline to the government. I tell the coward who is in Miraflores ... that on November 3, the Venezuelan people are coming to Caracas because we are going to Miraflores".
2017 Venezuelan Constituent Assembly election | 2017 Venezuelan constitutional crisis
On 11 January 2018, the Supreme Tribunal decreed the nullity of the 2013 Venezuelan presidential elections after lawyer Enrique Aristeguita Gramcko presented evidence about the presumed non-existence of ineligibility conditions of Nicolás Maduro to be elected and to hold the office of the presidency. Aristeguieta argued in the appeal that, under Article 96, Section B, of the Political Constitution of Colombia, Nicolás Maduro Moros, even in the unproven case of having been born in Venezuela, is "Colombian by birth" because he is the son of a Colombian mother and by having resided in that territory during his youth. The Constitutional Chamber admitted the demand and requested the presidency and the Electoral Council to send a certified copy of the president's birth certificate, in addition to his resignation from Colombian nationality.
Supreme Tribunal of Justice of Venezuela in exile | Presidential cases
It also increased the presidential term of office from five to six years, subject to a limit of two terms. The document also introduced provisions for national presidential recall referendumsthat is, Venezuelan voters now were to be given the right to remove their President from office before the expiration of the presidential term. Such referendums were to be activated upon provision of petitions with a valid number of signatures. The new provision was activated for the first time when such a referendum was held in 2004, but it failed to receive majority support. See 2004 Venezuelan recall referendum. The Presidency was also strengthened, aside from being the Chief Executive, head of state and head of government, with the power to dissolve the National Assembly under certain conditions, and can issue decrees that has the force of law, upon authorization by the National Assembly.
Constitution of Venezuela | A strengthened and recallable presidency and the creation of a functioning executive vice-presidency
In August 2016, the presidents of Brazil, Argentina, and Paraguay, while present in Rio de Janeiro for the Olympic Games, met to discuss suspending Venezuela from Mercosur. The three countries were in doubt about whether Venezuela was complying with the union's requirements for full membership, citing human rights violations among other issues. In fact, Venezuela was rejected from assuming the presidency of Mercosur by those three countries, prompting a dispute that continued to the end of the year. On 21 November 2016, Paraguayan Foreign Minister Eladio Loizaga announced that Venezuela would be suspended in December 2016 after the nation was given a three-month period to reform its laws to abide to Mercosur requirements, with Mercosur noting that "rules governing trade, politics, democracy and human rights" needed to be overhauled in Venezuela.
Mercosur | Suspension of Venezuela
It was also noted that many of the protesters detained seemed to not be "brought before a judge within the legal time limit". In 2005, Central University of Venezuela professors Margarita López Maya and Luis Lander, stated there was a "greater recognition of the right to protest, and this has been institutionalized." The violent repression of demonstrations fell to 1 in 25 in 1998–99, and to 1 in 36 by 2002–3. However, in 2008, Venezuela was ranked as the least democratic nation in South America in the 2008 Economist Intelligence Unit Democracy Index. Also in 2008, Freedom House removed Venezuela from its list of countries that have an electoral democracy.
Human rights in Venezuela | 2000s
Following the 2015 National Assembly election, the lame duck National Assembly (consisting of Bolivarian officials) filled the Supreme Tribunal of Justice (TSJ) with allies. The TSJ quickly stripped three opposition lawmakers of their seats in early 2016, citing alleged "irregularities" in elections, preventing an opposition supermajority in the National Assembly which would have been able to challenge President Maduro. The TSJ court then began to approve of multiple actions performed by Maduro and granted him more powers. In July 2016, the opposition walked out of Vatican-mediated dialogue between the Bolivarian government and the opposition, due to lack of progress towards releasing political prisoners or allowing a recall election; the opposition stated "We'll only sit down with the government again once they meet what was agreed on." In October 2016, a recall referendum against President Maduro was cancelled by the National Electoral Council (CNE).
2017 Venezuelan Constituent Assembly election | 2017 Venezuelan constitutional crisis
With increasing instability of the political system in the face of economic crisis, Venezuela saw two coup attempts in 1992; one of which was led by future president Hugo Chávez. Both failed, and in the process of resisting the coup attempts, government agents were reported to have killed forty people, both civilians and surrendered rebels, either as extrajudicial executions, or through the use of disproportionate force. Arbitrary detentions numbered in the hundreds and continued for some time after the events, and involved student leaders and other civic leaders not connected with the coup attempts. Freedom of expression was suspended for two months in the February case, and three weeks in the November case, and involved censorship of the media.
Human rights in Venezuela | 1990s
In the following nine years, Funes destroyed dozens of Ye'kuana villages and killed several thousand Ye'kuana. In 1961, a new constitution came, but instead of improving the rights of indigenous peoples, this constitution was a step backward from the previous 1947 constitution. In 1999, a new constitution was formed, the 1999 Venezuelan Constitution. In this constitution Chávez, being of mixed indigenous descent himself, aimed for the improvement of human rights, mainly those of women and indigenous peoples. The constitution stated that three seats should be reserved for indigenous delegates in the 131-member constitutional assembly and two additional indigenous delegates won unreserved seats in the assembly elections.
Human rights in Venezuela | Indigenous rights
alternating' (...) This is a camouflaged reform." However, the Constitutional Court ruled that such a change was within the scope of a constitutional amendment, and that such an amendment could be re-attempted each year. The editors of Venezuelan publishing house "Veneconomy" argue that the 15 February date is too soon to comply with time-frames set forth by the suffrage law and related laws for the registration of voters newly turned-18 and for the organization of polling stations. Students again took a leading role in protests, as they did in the campaign against the 2007 referendum. On 16 January students blocked a Caracas highway, burned trees and taunted the police.
2009 Venezuelan constitutional referendum | Opposition
In a 2D press conference opposing the 2009 Venezuelan constitutional referendum, President Hugo Chávez was compared to Juan Vicente Gómez, the Venezuelan dictator of the 1920s and 1930s, and 2D's Pablo Medina said Venezuela would become a dictatorship if it was approved. The referendum to remove term limits from all public offices was approved. In June 2010 2D criticised the government takeover of Banco Federal. In mid-August 2010, in the run-up to the parliamentary election, after "El Nacional" published in its frontpage publication a graphic archival photo of bodies in a morgue, to illustrate a story about rising crime rates, the government banned the publications, sparking international outcry.
Movimiento 2D | Introduction
The Secretary General continues to lead the international community in advocating publicly on behalf of political prisoners and for a return to the constitutional order in Venezuela. On September 23, Almagro expressed dismay at the rules and timetable published by the CNE that further delayed the recall process into 2016, guaranteeing that the ruling party remains in power until the end of the term in 2019. "The recall referendum belongs to the people, and it is up to the CNE to ensure the guarantees for the free expression of the people, instead of curtailing and trying to annul their rights."
Luis Almagro | Venezuela
The former was expelled from the party the following day.
2020 Venezuelan parliamentary election | Suspension of political parties directives
The 1999 Constitution tasked it with "promotion, defence and vigilance for rights and guarantees" set out in the Constitution and in international treaties, and the defence of democracy, social justice and the rule of law.
Defensoría del Pueblo (Venezuela) | Introduction
The draft would then be submitted to the Venezuelan people for acceptance or rejection via a referendum. The Assembly set up 21 commissions to work on specific topics, including citizen power, indigenous rights, sovereignty, economic issues, defence, education, health, the environment, human rights, women, sport, culture and justice. Conflict soon arose between the Constitutional Assembly and the older institutions it was supposed to reform or replace. During his 1998 presidential campaign, and in advance of the 25 July elections to the Assembly, Chávez had maintained that the new body would immediately have precedence over the existing National Assembly and the courts, including the power to dissolve them if it so chose.
History of Venezuela (1999–present) | New constitution
As a result of that election, the lame duck National Assembly consisting of United Socialist officials filled the Venezuelan Supreme Court with allies. Into early 2016, the Supreme Court alleged that voting irregularities occurred in the 2015 Parliamentary Elections and stripped four Assembly members of their seats, preventing an opposition supermajority in the National Assembly which would be able to challenge President Maduro. The Assembly nevertheless swore in 3 of the members in question, in response to which the Supreme Court ruled that the Assembly was in contempt of court and in violation of the constitutional order. The TSJ court then began to approve multiple actions performed by Maduro and granted him more powers.
2017 Venezuelan constitutional crisis | Background
It stripped the Assembly of legislative powers, and took those powers for itself; which meant that the Court would have been able to create laws. The court did not indicate if or when it might hand power back. As a result of the ruling, the 2017 Venezuelan protests began surrounding the constitutional crisis, with the Bolivarian Supreme Tribunal of Justice reversing its ruling on 1 April 2017. After being stripped of power during the constitutional crisis and the call for a rewriting of the constitution by the Bolivarian government, opposition-led National Assembly of Venezuela created a Judicial Nominations Committee on 13 June 2017 to elect new members of the Supreme Tribunal of Justice.
Supreme Tribunal of Justice (Venezuela) | 2017 appointment and Supreme Tribunal of Justice in exile
Following the rare criticism from Attorney General Ortega, an inner-circle official, Maduro ordered a review of the TSJ's decision regarding the National Assembly. One day later, the Tribunal reversed that particular order, thereby reinstating the powers of the Assembly. The opposition, however, dismissed the backtracking and called on Venezuelans "to take to the streets" against what they called an attempted coup, arguing that the moves proved that Maduro controlled the judiciary and therefore separation of powers did not exist in the republic. Protests in the country continued after the reversal with the opposition demanding early elections.
2017 Venezuelan constitutional crisis | Reversal of decisions
On 8 October 2014, the United Nations Working Group on Arbitrary Detention ruled that López was detained arbitrarily and that the Venezuelan government "violated several of their civil, political and constitutional rights" while demanding his immediate release. Weeks later, UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, called for the immediate release of López. The Venezuelan government condemned the statements by the United States and the United Nations, demanding them to not interfere in Venezuelan affairs.
Human rights in Venezuela | Leopoldo López
On March 29, 2017, in a surprising move, the TSJ declared it was taking over the legislative powers of Assembly for "as long as the contempt situation persists". The Tribunal, mainly supporters of President Nicolás Maduro, also restricted the immunity granted to the Assembly's members, who mostly belonged to the opposition. The dissolution was termed as a "coup" by the opposition while the Organization of American States (OAS) termed the action as a "self-coup". The decision was condemned by some media outlets with analysts characterizing the move as a turn towards authoritarianism and one-man rule. On April 1, 2017, the TSJ reversed its decision, thereby reinstating the powers of the National Assembly.
2017 Venezuelan Constituent Assembly election | 2017 Venezuelan constitutional crisis
In May 2019, a new wave of persecution against deputies of the National Assembly (AN) began with the issuance of five sentences of the Full Chamber of the Supreme Court of Justice (Spanish: Sala Plena del Tribunal Supremo de Justicia) (TSJ). On May 8, 2019 a request made by the Attorney General of the Republic to the National Constituent Assembly (Spanish: Fiscal General de la República a la Asamblea Nacional Constituyente) (ANC) is published on the TSJ website, where it decides to compromise the responsibility of the deputies Juan Andrés Mejía, Sergio Vergara and Freddy Superlano of the Venezuelan parliament in the flagrant commission of crimes such as treason, conspiracy and civil rebellion, among others.
Juan Andrés Mejía | Political persecution
The National Assembly session of that day, concerning the detention of their vicepresident Edgar Zambrano, had to be rescheduled for the next day. Jorge Millan, a National Assembly member, said that the report of "bombs" was false. Internet disruptions occurred during Guaido's public speech on the blockade. Guaidó tweeted "they're trying to hold the legislative power hostage while the dictator entrenches himself alone in a palace where he shouldn't be". The next day, media outlets were prevented from covering the parliamentary session. The security forces threatened reporters with detention if they did not clear out the vicinity of the parliament.
Censorship and media control during the Venezuelan presidential crisis | May 2019
shall disown any regime, legislation or authority that violates democratic values, principles and guarantees or encroaches upon human rights". Pérez later explained his actions, saying: President Maduro claimed that a military rebellion had occurred while opposition officials said that the actions were staged so Maduro could justify a crackdown on those who oppose his government and the constituent assembly.
Óscar Alberto Pérez | 2017 Caracas helicopter attack
Diosdado Cabello pointed that the new constitution would prevent a politician similar to the Argentine Mauricio Macri from ever becoming president of Venezuela. Macri was elected president in the 2015 presidential elections, ending the 12-years terms of Néstor Kirchner and Cristina Fernández de Kirchner, longtime allies of both Chávez and Maduro. The MUD started a common front for all the people in Venezuela that oppose the amendment. It is composed by the MUD, the Marea Socialista, minor parties without representatives in the Assembly (such as the marxists Bandera Roja), disenchanted chavistas, the Catholic Church, universities, human rights organizations, lawyers and artists.
2017 Venezuelan constitutional crisis | Proposal
Days later, on November 1, 2016, then National Assembly President and opposition leader, Henry Ramos Allup, announced the cancellation of November 3 march to the Miraflores presidential palace, with Vatican-led dialogue between the opposition and the government beginning. By December 7, 2016, dialogue halted between the two parties. Two months later on January 13, 2017, the Vatican declined to send a scheduled envoy for Vatican-mediated dialogue, a decision attributed to Maduro's failure to honor previous commitments made during the previous Vatican-mediated dialogues between the government and opposition. Since 2016 the TSJ had held the National Assembly to be in contempt of court for swearing in the three stripped legislators.
2017 Venezuelan Constituent Assembly election | 2017 Venezuelan constitutional crisis
Fedecámaras began to distance itself from Chávez whilst the new Constitution of 1999 was being drafted. Pedro Carmona indicates that the lack of dialogue between the government and businessmen during the constitutional process caused general discomfort in the business industry. Carmona thinks that the Constitution's specific points that irritated businesses are changing the nature of the armed forces to no longer be up for discussion or with public deliberation; the power granted to the president in terms of military promotions; the elimination of the bicameral Congress; the strengthening of presidential powers and the extension of the presidential term to six years with the possibility of immediate re-election; the loss of the balance between the ministers and chambers; indigenous rights disproportionate to the Venezuelan reality; and the reaffirmation of a national ideology promoting statism and interventionism, which would limit individual and economic liberties.
Negotiations during the Venezuelan crisis | Negotiations between businesses, trade union and the government in 2002
On 8 June, the Attorney General introduced an electoral contentious appeal in the Electoral Chamber Constituent Assembly, and invoking Article 333 of the constitution she invited the Venezuelans to adhere to the appeal with the purpose of stopping the Constituent Assembly and preserve the validity of the current constitution. The following day the surroundings of the Tribunals were blocked by security forces, impeding citizens from adhering to the appeal. On 12 June, the Tribunal declared inadmissible the appeal due to "inept pretensions accumulation". In response to the rejection of the Tribunal, the Luisa Ortega challenged the appointment of the 13 main justices and 21 supplents for considering a lack of suitability and bias in their actions, as well as aggravating the crisis in the country.
Supreme Tribunal of Justice (Venezuela) | Attorney General response
The text of the constitution is a hybrid of jurisprudential and political norms drawn from sources as wide as Simón Bolívar's writings on constitutionality and popular sovereignty, José Martí, the Peruvian Marxist José Carlos Mariátegui, and Evgeny Pashukanis. While it retains a strong liberal-democratic base, it introduces elements of direct democracy such elements of popular sovereignty ( consultative or recall referendums), social responsibilities, right to rebel against the violation of the constitutional system (articles 333 and 350) and the independence of the republic from foreign domination. Besides these elements, separation of powers (albeit with two new branches of government) and rights of property, expression and strike were mainly kept the same as on the previous constitution.
Constitution of Venezuela | Text and guiding doctrines
The Venezuelan National Assembly, the country's parliamentary body, has repeatedly denounced the arrest of Juan Requesens and asked for his release. In shows of solidarity, a sign was secured to Requesens' seat in the assembly by other members, saying "kidnapped by SEBIN". During the 14 August National Assembly meeting, deputy Gilber Caro stripped to his underwear in front of the assembly in a move of solidarity, to make a speech saying that a man's dignity is not dependent on his state of dress. The assembly erected a large black-and-white banner hanging in the assembly hall with Requesens' face, a ribbon of the Venezuelan colours (yellow, red and blue) behind him, and the words "Liberty for Deputy Juan Requesens, kidnapped by the dictator".
Detention of Juan Requesens | National Assembly
Canada is committed to supporting the peaceful restoration of constitutional democracy in Venezuela."
Ramón Carrizales | Sanctions
Article 72 of the Constitution of Venezuela enables the recall of any elected representative, including the President. This provision was used in the 2004 Venezuelan recall referendum, which attempted to remove President Hugo Chávez:
Recall election | Venezuela
As the situation in Venezuela deteriorated dramatically after the December elections, in June 2016, Secretary General Almagro released a 114-page report detailing the deteriorating economic situation and humanitarian crisis. Under article 20, the Secretary General invoked the Inter-American Democratic Charter on the grounds that Venezuela has experienced "an alteration of the constitutional order". Key recommendations from the report include the immediate release of all political prisoners; implementation of the constitutionally mandated recall referendum before the end of 2016; a return to the balance of powers between the Judicial, Executive, and Legislative branches of government; a bi-partisan review of judicial appointments; and, the establishment of an independent body to combat corruption.
Luis Almagro | Venezuela
Chavistas holding a demonstration in support of the reforms clashed with the protesters and the scene turned violent, prompting police action. Since then, the global community has criticized Chavez for excessive police action. The President denounced the opposition protest as resorting to "fascist violence" on 9 November 2007. On 26 November 2007 the Venezuelan government broadcast and circulated an alleged confidential memo from the US embassy to the CIA. The memo allegedly contains an update on US clandestine operations against the Chavez government. Although Independent analysts find it to be "quite suspect". Two days before the constitutional referendum, Chávez threatened to cut off oil shipments to the US if it criticized the voting results.
History of Venezuela (1999–present) | Constitutional referendum
Luis Almagro, secretary general of the Organization of American States (OAS) stated, "I have never seen a country going down so fast, at every level: politically, economically, socially". Following the 2017 Venezuelan constitutional crisis, and the push to ban potential opposition presidential candidate Henrique Capriles from politics for 15 years, protests grew to their most "combative" since they began in 2014. On 1 May 2017 following a month of protests that resulted in at least 29 dead, Maduro called for a Constituent Assembly that would draft a new constitution that would replace the 1999 Venezuela Constitution. He invoked Article 347, and stated that his call for a new constitution was necessary to counter the actions of the opposition.
History of Venezuela | Opposition wins parliamentary elections
On 5 August 2017, the foreign ministers of Argentina, Paraguay, Uruguay and Brazil affirmed that Venezuela's membership of Mercosur is suspended indefinitely in response to the "rupture of the democratic order" in that country following the 30 July 2017 Constituent Assembly elections. The bloc by-laws have no provision for expulsion. However, trade and migration policies stay without changes in order to avoid aggravating the social crisis. Brazilian Foreign Minister Aloysio Nunes said that Venezuela will remain suspended until the country "re-establishes democracy." In January 2019, the opposition-majority National Assembly declared incumbent Nicolás Maduro's 2018 reelection invalid, entering a presidential crisis.
Member states of Mercosur | Later developments
International observers criticized the move, stating that CNE's decision made Maduro look as if he were seeking to rule as a dictator.
2017 Venezuelan constitutional crisis | Background
On 23 January 2018, the Constituent National Assembly ordered the presidential elections should be scheduled in 2018 and before 30 April. Several Venezuelan NGOs, such as Foro Penal Venezolano, Súmate, , the Venezuelan Electoral Observatory and the Citizen Electoral Network, expressed their concern over the irregularities of the electoral schedule, including the lack of the Constituent Assembly's competencies to summon the elections, impeding participation of opposition political parties, and the lack of time for standard electoral functions. Because of this, the European Union, the Organization of American States and countries including Australia and the United States rejected the electoral process.
Supreme Tribunal of Justice (Venezuela) | 2018 opposition parties prohibition in presidential election
The case of Afiuni is symbolic of the "lack of judicial independence in the country." [6]
Human rights in Venezuela | Judge María Lourdes Afiuni
The current presidential term is for six years with the constitutionally guaranteed recourse of holding a popular recall referendum any time within the last three years of a presidential term. A 2009 referendum removed the previous restrictions which limited the President to 2 terms. From 1958 to 1999, the presidential term was set at five years. A sitting president was not only barred from immediate reelection, but could not run again for 10 years (equivalent to two full terms) after leaving office.
President of Venezuela | Term limits
According to the National Public Radio, the report discusses decreasing rights of opposition to the government and "goes into heavy detail" about control of the judiciary. It says elections are free, but the state has increasing control over media and state resources used during election campaigns and opposition elected officials have "been prevented from actually carrying out their duties afterward". CNN says the "lack of independence by Venezuela's judiciary and legislature in their dealings with leftist President Hugo Chávez often leads to the abuses", and the "Wall Street Journal" blames the government of Chavez. Chávez rejected the 2010 OAS report, calling it "pure garbage", and said Venezuela should boycott the OAS; a spokesperson said, "We don't recognize the commission as an impartial institution".
Human rights in Venezuela | IACHR
However, after public protests and condemnation by international bodies, the court's decision was reversed a few days later on 1 April. On 4 August 2017, Venezuela convened a new Constituent Assembly after a special election which was boycotted by opposition parties. The new Constituent Assembly is intended to rewrite the constitution; it also has wide legal powers allowing it to rule above all other state institutions. The Constituent Assembly meets within the Federal Legislative Palace; the leadership of the National Assembly have said it would continue its work as a legislature and it will still continue to meet in the same building.
National Assembly (Venezuela) | 2017 constitutional crisis
Amendments proposed by President Chávez and parliament were twice decided in referendums:
Constitution of Venezuela | Amendments
Conditions in La Tumba have resulted with prisoner illnesses, though Venezuelan authorities refuse to medically treat those imprisoned. Bright lights are continuously left on and prison cells are set at near-freezing temperatures. In December 2014, the United States signed Venezuela Defense of Human Rights and Civil Society Act of 2014 to impose targeted sanctions on Venezuelan individuals responsible for human rights violations as a result of the 2014 Venezuelan protests. The law allows the freezing of assets and visa bans for those accused of using acts of violence or violating the human rights of those opposing the Venezuelan government. In March 2015, the United States froze assets and revoked visas of several senior officials connected to human rights abuses in Venezuela; these sanctions were condemned in Latin America.
Torture in Venezuela | Bolivarian Revolution
The European Parliament passed a February 2010 resolution expressing "concern about the movement toward authoritarianism" by Chavez.
Human rights in Venezuela | European Parliament
The changes made by the Electoral Council also violate Article 298 of the constitution, which forbids modifying the Electoral Processes Law in the six months prior to the election. According to constitutionalist lawyer Juan Manuel Raffalli, the changes are illegal because they do not offer a direct and secret election as enshrined in the constitution.
2020 Venezuelan parliamentary election | Indigenous representation
On September 30 of the same year he was granted a permit to leave his residence only to officiate at the Maranatha Church. On December 20, Bertucci received a substitute measure of freedom with a filing system and was banned from leaving the country. His defense appealed and the court annulled the sentence, initiating a new trial that is still in progress under judge No. 2 of the Judicial Criminal Circuit of Carabobo state, Rosa Matute. The Venezuelan Supreme Court of Justice does not have a record of a signature sentence on the case.
Javier Bertucci | House arrest
The initial reaction of the opposition to the referendum proposal was that it was illegal. Henry Ramos Allup, secretary general of the opposition party Acción Democrática called the proposal "'illegal and unconstitutional' because Article 345 says that 'A revised constitutional reform initiative may not be submitted during the same constitutional term of office of the National Assembly.'" Chávez avoided this issue by declaring that the change to the constitution would be in the form of an amendment, instead of a constitutional reform. In addition, the constitutional amendment was re-defined to apply to all popular elected positions, not just to the president.
2009 Venezuelan constitutional referendum | Opposition
In the 1999 Venezuelan constitution, 116 of the 350 articles were concerned with human rights; these included increased protections for indigenous peoples and women, and established the rights of the public to education, housing, healthcare, and food. It called for dramatic democratic reforms such as ability to recall politicians from office by popular referendum, increased requirements for government transparency, and numerous other requirements to increase localized, participatory democracy, in favor of centralized administration. It gave citizens the right to timely and impartial information, community access to media, and a right to participate in acts of civil disobedience.
Hugo Chávez | 1999 Venezuelan Constitution
On 27 March 2017, in sentence 155, the Tribunal granted faculties of the National Assembly to Nicolás Maduro to legislate and "take the civilian, military, economic, criminal, administrative, political, juridic and social measures considered necessary to prevent a state of conmotion...". On 29 March, the Tribunal published a second sentence, 156, attributed to itself the constitutional functions of the Assembly and decided on delegating them on the organisms that is considered pertinent, on the pretext of "legislative omission" of the Assembly. The sentence was met with both domestic and international alarm from different personalities and institutions, some of which defined sentence 156 as a self-coup d'état.
Supreme Tribunal of Justice (Venezuela) | Rulings 155 and 156
The Supreme Tribunal then began to approve multiple actions performed by Maduro and granted him more powers and later stripped the National Assembly of legislative powers, and took those powers for itself; which meant that the Supreme Tribunal might have been able to create laws, causing the 2017 constitutional crisis.
Lame duck (politics) | Venezuela
Former President of Colombia Andrés Pastrana, former President of Bolivia Jorge Quiroga and former Presidents of Costa Rica Laura Chinchilla and Miguel Ángel Rodríguez were banned on July 18. Foreign Minister Samuel Moncada said the Latin American leaders invited as observers were "political sicarios", "clowns" and "mercenaries" that "sell themselves to the highest bidder to go to various destinations and repeat what they are told"
2017 Venezuelan referendum | Governments
Some in Venezuela believed that the new constitution centralized the national government greatly, granting it too much power while also making too many promises. Henrique Capriles Radonski, then Vice President of the Congress and President of the Chamber of Deputies, stated "This is a centralist, presidentialist constitution with no spread of power to the states and cities ... This is a corrupt constitution that will leave Venezuela backward and poor". Others scoffed at all of the red tape the constitution granted which would scare away foreign investment while also recognizing over-reliance on imported goods. Weeks before the election, tens of thousands protested against the constitutional changes on 24 November 1999, stating that it granted the president, Hugo Chávez, too much power.
December 1999 Venezuelan constitutional referendum | Controversy
Venezuela ratified the American Convention on Human Rights in 1977. This makes it part of the jurisdiction of the Inter-American Court of Human Rights.
Human rights in Venezuela | Legal framework
There has been censorship and media control during Venezuelan presidential crisis between 2019 and 2020. A crisis concerning who is the legitimate President of Venezuela began on 10 January 2019, when the opposition-majority National Assembly declared that incumbent Nicolás Maduro's 2018 reelection was invalid and the body declared its president, Juan Guaidó, to be acting president of the nation. The process and results of the May 2018 Venezuelan presidential election were widely disputed. The National Assembly declared Maduro illegitimate on the day of his second inauguration, citing the 1999 Constitution of Venezuela enacted under Hugo Chávez, Maduro's predecessor; in response, the pro-Maduro Supreme Tribunal of Justice said the National Assembly's declaration was unconstitutional.
Censorship and media control during the Venezuelan presidential crisis | Introduction
Lucas Rincón Romero. After Chávez allegedly took over of the Supreme Tribunal of Justice and filled it with his supporters, the Constitutional Chamber of the Supreme Court, however, ruled on 12 March 2004 that the recusals were unconstitutional, making the hearing invalid and which meant that the military officers (by then retired) should stand trial.
2002 Venezuelan coup d'état attempt | Criminal investigation
Article 13 states that the National Assembly's constitutional term ends on 4 January 2021. Article 14 defines the office of acting president and its timing, in accordance with Article 233 of the Venezuelan Constitution, as the President of the National Assembly. He writes, until "the usurpation ceases, Juan Guaidó is simultaneously President of the National Assembly and Acting President of the Bolivarian Republic of Venezuela"; the "thirty days begin within which Juan Guaidó must be separated from the Presidency of the National Assembly to exercise only and exclusively as Acting President (...) and proceed to adopt the necessary measures for the realization of free and competitive elections.
Statute Governing the Transition to Democracy | Transition to elections
Canada is committed to supporting the peaceful restoration of constitutional democracy in Venezuela."
Omar Prieto | Sanctions
After facing years of crisis, the Venezuelan opposition pursued a recall referendum against President Maduro, presenting a petition to the National Electoral Council (CNE) on 2 May 2016. By August 2016, the momentum to recall President Maduro appeared to be progressing, with the Council setting a date for the second phase of collecting signatures, though it made the schedule strenuous, stretching the process into 2017 which made it impossible for the opposition to activate new Presidential Elections. On 21 October 2016, the Council suspended the referendum only days before preliminary signature-gatherings were to be held. The Council blamed alleged voter fraud as the reason for the cancellation of the referendum.
2017 Venezuelan constitutional crisis | Background
Canada is committed to supporting the peaceful restoration of constitutional democracy in Venezuela."
Jorge García Carneiro | Sanctions