2023-11-08 12:03:06
The International Criminal Court (ICC) holds this Wednesday at its headquarters in The Hague the second hearing of appeals to the investigation for crimes once morest humanity in Venezuela. On this day, the Chavista regime once once more presents its appeals once morest the court’s decision to resume the investigation in the Caribbean country. On Tuesday, the ICC Prosecutor’s Office rejected the arguments.
You may be interested: The European Union views with concern the suspension of the opposition primaries in Venezuela
The Nicolás Maduro regime recognized that most of the cases presented at the International Criminal Court remain unpunished: “Evidently in some cases there will be a suspect identified and in others not, because the investigation has not reached that level,” he said on behalf of the chavismo the British lawyer Ben Emmerson.
Meanwhile, lawyer Aitor Martínez Jiménez explained that “the updated data in relation to 124 incidents are: 113 are in the investigation phase, having managed to identify 166 public officials as possible responsible, registering significant progress; There are three in the intermediate phase, that is, with a formal accusation; three in the trial phase; and five convictions that correspond to 14 convicted public officials.”
You may be interested: The Venezuelan exile in Miami asked Joe Biden not to stop putting pressure on the dictator Nicolás Maduro
That is to say, only five of the 124 incidents presented to the ICC received a conviction, barely 4% of the total sample.
Emmerson defended that “it is not necessary for Venezuela to investigate the contextual elements because that is not what is being proposed.” However, the Prosecutor’s Office retorted that “they must pay attention (to them) because if they do not they will not be able to comment on the extent of the damage.”
The beginning of the second day of Venezuela’s appeal at the ICC
“The Chamber was reasonable and did the right thing,” continued the ICC Prosecutor’s Office; while confirming that “there are reasonable grounds to think that crimes once morest humanity were committed” in the Caribbean nation.
You may be interested: Mariano Rajoy demanded that the anti-democratic disqualification of María Corina Machado be “liquidated”
“Despite this, Venezuela insisted that there were no crimes once morest the civilian population and pointed out that there may have been abuses but these were isolated and individual cases and were investigated in a timely manner,” he said.
For his part, the lawyer for the Venezuelan State acknowledged that “none of these cases have been completely closed, none of these investigations have ended, as a result of the very important allegations that they involve and are objects of continuous investigation.”
The ICC Prosecutor’s Office indicated that in three quarters of the cases the perpetrators were not identified
In this regard, the ICC Prosecutor’s Office reported that of the 62 cases they observed, “in 47 of them, the perpetrators were not identified, that is, three quarters. Also 57 cases were in the preparatory phase, that is, the first phase of the procedure where there has not yet been a formal accusation. And for 21 cases the Prosecutor’s Office saw that it was an inadequate legal characterization.”
Paolina Massidda, member of the Victims’ Defense Office of the Criminal Court, indicated that – for the victims -, “only a global approach will allow us to reveal the truth, the immediate perpetrators, will recognize the context of the violence in which they occurred. these crimes and the systematic nature of the patterns.”
He then rejected that Chavismo intends to prosecute the crimes of rape and sexual assault as crimes of cruel treatment or torture. “We disagree and we want to refer it to our colleague from Venezuela. Rape and other types of sexual violence have unique constituent elements that are different from those of torture and cruel treatment. “These crimes safeguard different interests and also encompass other things for the victims,” he highlighted.
British lawyer Ben Emmerson, representative of the Nicolás Maduro regime
Marc Perrin de Brichambaut, judge of the International Criminal Court, recalled that Venezuela ratified the Rome Statute, the founding treaty of the ICC, in 2000. “When it did so, it assumed some commitments, among them respect for what the ICC you may have to act in some circumstances. “What were the obstacles that cost Venezuela in the last 23 years to accept the legislation?” he asked.
To this, lawyer Ben Emmerson responded: “The criticism of the 23-year-old is unfair. “Venezuela was the first country in the region to sign the Rome Statute and has respected its obligations to the Court.” The lawyer criticized that the ICC, as a “foreign court” – that is how he defined it – “intervenes in the national and sovereign right to prosecute its own citizens for crimes in their own territory.”
Paolina Massidda, member of the Victims Defense Office of the Criminal Court
On Tuesday, the ICC prosecutor’s office alleged that its investigation into Venezuela for crimes once morest humanity is in the “preliminary phase” and it is “unreasonable for it to be able to identify” suspects or “establish the real scope” of the case, contrary to the position maintained by the Caracas regime.
Chavismo, which denies the legal and substantial validity of the request to resume the investigation, tried to convince the judges to rectify their decision to allow prosecutor Karim Khan’s office to resume the investigation.
ICC judge warned the delegation of the Maduro regime that he will not accept its “disrespectful language”
A moment of tension during the day occurred when Marc Perrin de Brichambaut, judge of the International Criminal Court, warned the Chavista delegation that he would not accept their “disrespectful language” or “incisive qualifications.”
“It is my duty to remind all lawyers here of the normal practices that apply in this court. Disrespectful language and incisive qualifications are inappropriate, inappropriate as means of expressing the views of the participating parties and will not be recognized as valid arguments,” he maintained.
And he added: “Our debates are inspired by the principle of respect for the law and mutual respect between the parties. The Chamber hopes that it is understood.”
Marc Perrin de Brichambaut, judge of the International Criminal Court
Francisco González Centeno, Public Information and Awareness Officer of the International Criminal Court, indicated that, in general terms, what is being resolved is a question of admissibility of a situation before the ICC. All of this under Article 18 of the Rome Statute, which requires a State to demonstrate an advanced process of national investigations and prosecutions that sufficiently reflect the scope of the investigation planned by the Prosecutor of the Court.
It was last June when the judges of the preliminary issues chamber authorized the ICC prosecutor to continue with the investigations, considering that although Venezuela is carrying out some investigative procedures, its national criminal processes do not sufficiently reflect the scope of the investigation. provided by the ICC Prosecutor’s Office.
The Bolivarian Republic of Venezuela appealed that decision and no ruling will be handed down in these hearings. The judges’ ruling will be issued later.
During these two days – yesterday and today – the opportunity was given to the Prosecutor’s Office of the Court, to the representatives of the Venezuelan regime and to the Public Office for the Defense of Victims of the ICC, which acts on behalf of the general interests of the victims , to address specific issues arising from their presentations and to respond to the judges’ questions.
After the hearings, the judges will deliberate and issue their ruling in due time. If unanimity cannot be achieved, the ruling will be made by a majority of the judges.
The ruling will be handed down in a public hearing and its date will be publicly announced in advance, the ICC reported.
The judges can decide to confirm the previous decision of the Preliminary Matters Chamber to authorize the resumption of the Prosecutor’s investigation in Venezuela, reverse it or modify it. They can also send it to the Pre-trial Chamber for a new determination.
1699448074
#Nicolás #Maduro #regime #recognized #cases #presented #International #Criminal #Court #remain #unpunished
