Practice Relating to Rule 87. Humane Treatment
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  International Covenant on Civil and Political Rights and Article 27(2) of the  American Convention on Human Rights, the guarantee to the [following] rights must not be restricted:
7. The [right to] physical, psychological and moral integrity.
Venezuela’s Penal Code (2005) states:
The following shall be punished with military arrest or political prison for one to four years:
1. Venezuelan or foreign nationals who, during a war between Venezuela and another nation, violate the … principles observed by civilized peoples during war, such as respect for … non-combatants … , without prejudice to military laws which shall be specially applicable to these matters.
Venezuela’s Law on the Protection of Children and Adolescents (2007) states: “The dignity inherent in the human person … [and] personal integrity … must be respected.”
The Law also states: “Every boy, girl and adolescent has the right to personal integrity. This right includes physical, psychological and moral integrity.”
Venezuela’s Penal Procedure Code (2009), which is applicable to the prosecution of war crimes, states: “In penal proceedings, all persons should be treated with due respect for the inherent dignity of the human being, with the protection of the rights derived therefrom.”
Venezuela’s Penal Procedure Code (2012), which is applicable to the prosecution of war crimes, states: “In penal proceedings, all persons should be treated with due respect for the inherent dignity of the human being, with the protection of the rights derived therefrom”.
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:
[O]ne of the fundamental aims of humanitarian … law is to protect the rights … of persons not participating in armed hostilities (Article 3 common to the four 1949 Geneva Conventions and the  Additional Protocol II) … In case of national armed conflict, Article 3 establishes as a minimum the obligation to treat non-combatants “humanely” … The standards of Article 3 are considered to be a part of customary law and constitute the minimum – in terms of obligations – that belligerents must always respect.