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Venezuela
Practice Relating to Rule 99. Deprivation of Liberty
Section A. General
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]