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Venezuela
Practice Relating to Rule 99. Deprivation of Liberty
Venezuela’s Law on the State of Emergency (2001), which includes situations of internal and international armed conflict, states:
In accordance with Articles 339 of the Constitution of the Bolivarian Republic of Venezuela, Article 4(2) of the [1966] International Covenant on Civil and Political Rights and Article 27(2) of the [1969] American Convention on Human Rights, the guarantee to the [following] rights must not be restricted:
6. The [right to] personal freedom. 
Venezuela, Law on the State of Emergency, 2001, Article 7(6).
Venezuela’s Law on the Protection of Children and Adolescents (2007) states: “An adolescent who is under investigation or detained must be informed … of the right … to request the immediate presence of his or her parents, representatives or guardians”. 
Venezuela, Law on the Protection of Children and Adolescents, 2007, Article 541.
Venezuela’s Constitution (2009) states:
The President of the Republic, at a meeting of the Cabinet of Ministers, shall have the power to decree states of exception. … In such cases, the guarantees contained in this Constitution may be temporarily restricted, with the exception of those relating to the … prohibition of incommunicado detention. 
Venezuela, Constitution, 2009, Article 337.
The Constitution further states: “A state of internal or external commotion may be declared in the event of an internal or external [armed] conflict seriously endangering the security of the Nation, its citizens or its institutions.” 
Venezuela, Constitution, 2009, Article 338.
Venezuela’s Penal Procedure Code (2009), which is applicable to the prosecution of war crimes, states:
Any person accused of participating in a punishable offence will remain in liberty during the proceedings except in the exceptions established by this Code.
The deprivation of liberty is an interim measure that will only be used when all other … measures are insufficient to guarantee the aims of the proceeding. 
Venezuela, Penal Procedure Code, 2009, Article 243.
Venezuela’s Penal Procedure Code (2012), which is applicable to the prosecution of war crimes, states:
Any person accused of participating in a punishable offence will remain in liberty during the proceedings except in the exceptions established by this code.
The deprivation of liberty is an interim measure that will only be used when all other … measures are insufficient to guarantee the aims of the proceeding. 
Venezuela, Penal Procedure Code, 2012, Article 229.
In its Explanatory Notes, the Code states that “the principle of liberty … restricts and conditions in an absolute manner any action directed at depriving a person of liberty for reasons not provided for in this code”. 
Venezuela, Penal Procedure Code, 2012, Explanatory Notes, pp. 2–3.
In 2012, in its fourth periodic report to the Human Rights Committee, Venezuela stated:
55. With regard to the protection of rights enshrined in the Constitution of the Bolivarian Republic of Venezuela in states of emergency, articles 337 to 339 provide that guarantees contained in the Constitution may be temporarily suspended, with the exception of “those relating to the right to life, the prohibition of the holding of persons incommunicado or torture, the right to due process, the right to information and other intangible human rights”.
56. On the question of legislative action to give effect to this constitutional provision, it is important to note that, under the present Government, no state of emergency has been decreed, notwithstanding the fuel shortage during the 2002 oil strike or coup d’état.
57. The Venezuelan State legislated on the matter and in 2001 the States of Emergency Act entered into force, setting out in its article 7 the relevant guiding principles. Under that article, and in accordance with article 339 of the Constitution of the Bolivarian Republic of Venezuela, article 4, paragraph 2, of the International Covenant on Civil and Political Rights and article 27, paragraph 2, of the American Convention on Human Rights, no restrictions can be placed on guarantees relating inter alia to the right to … personal freedom[.]
58. Continuing with the interpretation of constitutional precepts, article 338 covers the three kinds of states of emergency and establishes, in accordance with the principle of gradualism, factual circumstances that may justify them and their limitation in time … [A] state of internal or external disturbance may be declared in the event of internal or external conflict that seriously endangers the security of the nation, its citizens or institutions, for a period of up to 90 days, renewable for the same period of time. 
Venezuela, Fourth periodic report to the Human Rights Committee, 29 April 2013, UN Doc. CCPR/C/VEN/4, submitted 18 December 2012, §§ 55–58.
[footnotes in original omitted]
Venezuela’s Penal Procedure Code (2009), which is applicable to the prosecution of war crimes, states:
The provisions of this Code that authorize the preventive detention or restriction of freedom … of the indicted [person] … are of an exceptional character; they may only be interpreted restrictively and their application must be proportional to the sentence or security measure that could be imposed.
The only preventive measures [that may be taken] against the indicted [person] are those authorized by this Code, in accordance with the Constitution of the Republic. 
Venezuela, Penal Procedure Code, 2009, Article 9.
The Code further states:
The supervisory judge can order the preventive deprivation of liberty of the indicted [person] by request of the Prosecution Office if there is:
1. A punishable offence that merits the preventive deprivation of liberty, and for which criminal proceedings are not time-barred.
2. A founded belief that the indicted [person] is the author or has participated in the commission of a punishable offence.
3. A reasonable suspicion, through the assessment of the particular circumstances of the case, that there is a danger of flight or of obstructing the search for the truth with regards to the act under investigation. Internment can last up to eight days. 
Venezuela, Penal Procedure Code, 2009, Article 250; see also Articles 129 and 254.
Venezuela’s Penal Procedure Code (2012), which is applicable to the prosecution of war crimes, states:
The provisions of this code that authorize the preventive detention or restriction of freedom … of the indicted [person] … are of an exceptional character; they may only be interpreted restrictively and their application must be proportional to the sentence or security measure that could be imposed.
The only preventive measures [that may be taken] against the indicted [person] are those authorized by this code, in accordance with the Constitution of the Republic. 
Venezuela, Penal Procedure Code, 2012, Article 9.
The Code further states:
The supervisory judge can order the preventive deprivation of liberty of the indicted [person] by request of the Prosecution Office if there is:
1. A punishable offence that merits the preventive deprivation of liberty, and for which criminal proceedings are not time-barred.
2. A founded belief that the indicted [person] is the author or has participated in the commission of a punishable offence.
3. A reasonable suspicion, through the assessment of the particular circumstances of the case, that there is a danger of flight or of obstructing the search for the truth with regards to the act under investigation. Internment can last up to eight days. 
Venezuela, Penal Procedure Code, 2012, Article 236; see also Articles 131 and 240.
Venezuela’s Law on the Protection of Children and Adolescents (2007) states: “An adolescent who is under investigation or detained must be informed of the reasons for such investigation and the authority responsible for it”. 
Venezuela, Law on the Protection of Children and Adolescents, 2007, Article 541.
Venezuela’s Penal Procedure Code (2009), which is applicable to the prosecution of war crimes, states: “When the indicted or accused [person] is apprehended, he or she will be informed of the acts that are attributed to him or her and of the authority that has ordered the [detention] measure”. 
Venezuela, Penal Procedure Code, 2009, Article 255.
Venezuela’s Penal Procedure Code (2012), which is applicable to the prosecution of war crimes, states: “When the indicted or accused [person] is apprehended, he or she will be informed of the acts that are attributed to him or her and of the authority that has ordered the [detention] measure”. 
Venezuela, Penal Procedure Code, 2012, Article 241.
Venezuela’s Penal Procedure Code (2012), which is applicable to the prosecution of war crimes, states in a chapter on preventive judicial deprivation of liberty: “Within the 48 hours following apprehension, the indicted [person] will be brought before a judge who … will decide on whether to maintain the [detention] measure or substitute it with a less severe one”. 
Venezuela, Penal Procedure Code, 2012, Article 236; see also Articles 372 and 373.
Venezuela’s Penal Procedure Code (2009), which is applicable to the prosecution of war crimes, states:
Within the twenty four hours following the request of the prosecutor [for the preventive deprivation of liberty of the indicted person], the supervisory judge will decide on the request. …
Within the forty eight hours following apprehension, the indicted [person] will be brought before a judge who … will decide on whether to maintain the [detention] measure or substitute it with a less severe one. 
Venezuela, Penal Procedure Code, 2009, Article 250; see also Article 264.
Venezuela’s Penal Procedure Code (2012), which is applicable to the prosecution of war crimes, states:
Within the 24 hours following the request of the prosecutor [for the preventive deprivation of liberty of the indicted person], the supervisory judge will decide on the request …
Within the 48 hours following apprehension, the indicted [person] will be brought before a judge who … will decide on whether to maintain the [detention] measure or substitute it with a less severe one. 
Venezuela, Penal Procedure Code, 2012, Article 236; see also Articles 250 and 372–373.