- Lawyers from Foro Penal in Caracas have asked a court to rule on the limitations of the right to defense and contact of detainees with their families | Photo: EFE
José Ángel Foreros and Jaqueline Herrera, lawyers from Foro Penal, filed a constitutional protection appeal before the Palace of Justice in defense of the people detained in the protests during and after the presidential elections of July 28.
The lawyers explained that the guarantees set forth in articles 44.2 and 49.1 of the Venezuelan Constitution have been violated in the proceedings being carried out with these detained persons.
“We ask the Specialized Court for Amparo Matters to rule on the limitations in the exercise of the right to defense and legal assistance, as well as the contact of family members with all detainees,” Foreros said in a video published by Criminal Forum on Wednesday, July 31st at night.
The lawyer pointed out that the appeal filed explains the damage to the rights of people who remain detained in the police stations of Zone 7 (Boleíta), Maripérez and El Valle.
What do articles 44.2 and 49.1 of the Constitution say?
44.2: Every detained person has the right to communicate immediately with his or her family, lawyer or person of his or her confidence, and these, in turn, have the right to be informed of the whereabouts of the detained person, to be immediately notified of the reasons for the detention and to leave a written record in the file on the physical and mental state of the detained person, either by themselves or with the assistance of specialists. The competent authority shall keep a public record of every detention carried out, including the identity of the detained person, place, time, conditions and officials who carried out the detention. Regarding the detention of foreigners, the consular notification provided for in the international treaties on the subject shall also be observed.
49.1: Defense and legal assistance are inviolable rights at every stage and level of investigation and trial. Every person has the right to be notified of the charges against him or her, to access evidence, and to have adequate time and means to defend him or her. Evidence obtained through violation of due process shall be void. Every person found guilty has the right to appeal the verdict, with the exceptions established in this Constitution and the law.
Protests against election results
Since July 29, protests have been taking place across the country against the results of the presidential elections issued by the National Electoral Council (CNE), which announced President Nicolás Maduro as the winner.
Protesters took to the streets to reject the result and demand that the full minutes of the presidential election results be published and made accessible to all citizens. During these days, protesters have also been able to gather pots and pans inside houses.
In the street demonstrations, there have been reports of repression by state security agencies, as well as arrests at the protest sites. So far, the organization Foro Penal has only confirmed 429 arrests of protesters.
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2024-08-01 14:11:11