Practice Relating to Rule 100. Fair Trial Guarantees
Section K. Public proceedings
Venezuela’s Penal Procedure Code (2009), which is applicable to the prosecution of war crimes, states: “No one may be sentenced without a public … trial”.
Venezuela’s Penal Procedure Code (2012), which is applicable to the prosecution of war crimes, states: “No one may be sentenced without a public … trial”.
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: “The Criminal Appeals Chamber notified [the parties] on 6 December 2001, in accordance with Article 399 of the Penal Procedure Code, … so that they attend the public … hearing”.
The tribunal further stated:
[A]rticle 271 of the Constitution provides:
The proceeding for the offences of
[international organized crimes, acts against the public heritage of other States and against human rights] … will be public.
[emphasis in original]