القاعدة ذات الصلة
Venezuela
Practice Relating to Rule 158. Prosecution of War Crimes
Venezuela’s Code of Military Justice (1998), as amended, under a chapter dealing with “crimes against international law”, provides for the punishment of the offenders of a list of certain war crimes. 
Venezuela, Code of Military Justice, 1998, as amended, Article 474.
Venezuela’s Revised Penal Code (2000) provides for the punishment of Venezuelan nationals and foreigners who have committed certain acts “during a war between Venezuela and another nation” or who “violate the conventions or treaties [to which Venezuela is a party] in a way which entails the responsibility of the latter”. 
Venezuela, Revised Penal Code, 2000, Article 156.
Venezuela’s Penal Procedure Code (2009), which is applicable to the prosecution of war crimes, states:
The Prosecutor … may ask the supervisory judge for the authorization to terminate prosecution, totally or partially, or to limit it to some of the persons that took part in the act …
The cases referring to the investigation of … war crimes … and related crimes are excluded from the application of this provision. 
Venezuela, Penal Procedure Code, 2009, Article 37.
The Code further states:
[T]he indicted person can ask the judge … for the conditional suspension of [criminal] proceedings [in certain cases] …
The cases referring to the investigation of … war crimes … and related crimes are excluded from the application of this provision. 
Venezuela, Penal Procedure Code, 2009, Article 42.
The Code also states:
The ordinary tribunals are responsible for exercising jurisdiction to decide on the matters submitted before it, in accordance with this Code and with special laws, as well as of penal proceedings that must be heard by the Venezuelan tribunals as provided by the Penal Code, treaties, conventions and international agreements to which the Republic is a party. 
Venezuela, Penal Procedure Code, 2009, Article 55.
The Code further states:
The Prosecution Office will terminate the preparatory phase [of the proceedings] with the diligence required by the case.
The cases referring to the investigation of … war crimes … are excluded from the application of this provision. 
Venezuela, Penal Procedure Code, 2009, Article 313.
Venezuela’s Penal Procedure Code (2012), which is applicable to the prosecution of war crimes, states:
The Prosecutor … may ask the supervisory judge for the authorization to terminate prosecution, totally or partially, or to limit it to some of the persons that took part in the act …
The cases referring to the investigation of … war crimes are excluded from the application of this provision. 
Venezuela, Penal Procedure Code, 2012, Article 38 and Explanatory Notes p. 3.
The Code further states:
[T]he indicted person can ask the judge … for the conditional suspension of [criminal] proceedings [in certain cases] …
The cases referring to the investigation of … war crimes are excluded from the application of this provision. 
Venezuela, Penal Procedure Code, 2012, Article 43.
The Code also states:
The ordinary tribunals are responsible for exercising jurisdiction to decide on the matters submitted before it, in accordance with this Code and with special laws, as well as of penal proceedings that must be heard by the Venezuelan tribunals as provided by the Penal Code, treaties, conventions and international agreements to which the Republic is a party. 
Venezuela, Penal Procedure Code, 2012, Article 56.
The Code further states:
The Prosecution Office will terminate the preparatory phase [of the proceedings] with the diligence required by the case.
Eight months after the identification of the defendant, the defendant or the victim may request the Supervisory Judge to fix a reasonable timeframe for the conclusion of the investigation. This timeframe must not be of less than thirty days and of more than forty-five.
In cases referring to the investigation of … war crimes … the reasonable timeframe mentioned in the first indention must not be of less than a year and of more than two. 
Venezuela, Penal Procedure Code, 2012, Article 295.
The Code also states:
The accused person may … admit [having committed] the acts under trial and request that the respective penalty be immediately imposed.
In this case, the judge may reduce the applicable penalty by one third or half …
In cases related to … war crimes, the judge may only reduce the penalty by a third. 
Venezuela, Penal Procedure Code, 2012, Article 375.
The Code further states: “[In cases of] … war crimes, the alternative penalties provided for in this Article [such as imprisonment in an open prison] can only be applied if three quarters of the penalty have already been served.” 
Venezuela, Penal Procedure Code, 2012, Article 488(2).
In 2001, in the Ballestas case, the Colombian government requested the preventive detention and extradition of a Colombian citizen belonging to the armed group known as the Ejército de Liberación Nacional (National Liberation Army) for the crimes of rebellion, kidnapping, wrongful death, seizure and diversion of aircraft. The Chamber of Criminal Appeals of Venezuela’s Supreme Tribunal of Justice stated: “Criminal judges are responsible for the enforcement of Humanitarian law.” 
Venezuela, Supreme Tribunal of Justice, Ballestas case, Judgment, 10 December 2001, p. 9.
In 2011, in its core document forming part of Venezuela’s reports on international human rights instruments, Venezuela stated: “Within the framework of the protection of human rights, the Venezuelan State has an obligation to punish crimes against humanity and war crimes, which are not time-barred and cannot be subject to pardon or amnesty.” 
Venezuela, Human rights instruments core document forming part of Venezuela’s reports, 22 February 2013, UN Doc. HRI/CORE/VEN/2011, submitted 5 July 2011, § 123.
Venezuela’s Law on Refugees and Asylum (2001) states:
Exceptions to the recognition of refugee status. Refugee status will not be granted to persons included in the following cases:
1. … [Persons] that have committed … war crimes or crimes against humanity, as defined in international instruments. 
Venezuela, Law on Refugees and Asylum, 2001, Article 9(1).
The Law further states: “Asylum cannot be granted to any person that … has committed … war crimes or crimes against humanity, as defined in international instruments.” 
Venezuela, Law on Refugees and Asylum, 2001, Article 41.
Venezuela’s Immigration Law (2004) states:
Foreigners included in the following cases cannot be admitted into the territory of the Republic:
4. [Persons that] … have committed violations of Human Rights, International Humanitarian Law or of the provisions contained in the international instruments of which the Republic is a party. 
Venezuela, Immigration Law, 2004, Article 8(4).
The Law further states:
Article 39. Without prejudice to the sanctions provided in other laws, foreigners included in the following cases will be expelled from the territory of the Republic:
4. Anyone that … has committed violations of Human Rights, International Humanitarian Law or of the provisions contained in the international instruments of which the Republic is a party. 
Venezuela, Immigration Law, 2004, Article 39(4).
In 2001, in the Ballestas case, the Colombian Government requested the preventive detention and extradition of a Colombian citizen belonging to the armed group known as the Ejército de Liberación Nacional (National Liberation Army) for the crimes of rebellion, kidnapping, wrongful death, seizure and diversion of aircraft. The Chamber of Criminal Appeals of Venezuela’s Supreme Tribunal of Justice held:
It is a firm and incontrovertible fact that political armed struggle must be governed by the laws of war. As a result, attacks against innocent [people] or against private rights or the rights of individuals are absolutely unjustified, even where a political motive is claimed.
Thus: if such an attack against innocent [persons] and private rights is carried out with such a violence and malicious intent that it causes unnecessary suffering, havoc and terror, it would [constitute the offence of] indiscriminate terrorism, namely [those acts] that are not selective when choosing their targets and expressly target the innocent.
Terrorism, and particularly indiscriminate terrorism, ignores the requirements of Humanitarian … law; it endangers innocent human lives and many times destroys them …
Terrorism takes many forms, as it can be committed through several means. One is the kidnapping [hijacking] of planes, which is one of the acts of which … [the accused] is accused in Colombia. Another is the kidnapping of persons, which is also one of the acts of which … [the accused] is criminally accused (“extortive kidnapping”) in Colombia …
The authors … or suspects of offences that can be, and are, classified as terrorism, must not be granted the right to asylum … when they are accused based on a solid [legal] basis of committing acts that not only disrupted the order of a given State, but that of all civilized nations. 
Venezuela, Supreme Tribunal of Justice, Ballestas case, Judgment, 10 December 2001, pp. 9–10.
[emphasis in original]