Practice Relating to Rule 100. Fair Trial Guarantees
Section I. Presence of the accused at the trial
Venezuela’s Penal Procedure Code (2009), which is applicable to the prosecution of war crimes, states: “The indicted [person] will have the following rights: … To not be judged in his or her absence, except in accordance with the Constitution of the Republic.”
Venezuela’s Penal Procedure Code (2012), which is applicable to the prosecution of war crimes, states: “The trial will take place with the uninterrupted presence of the judge and the parties”.
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: “On 10 December 2001, in accordance with Article 399 of the Penal Procedure Code, the oral hearing in the proceedings for the extradition of José María Ballestas Tirado
, requested by Colombia, was carried out with the participation of all the parties.”
(emphasis in original)