Norma relacionada
Venezuela
Practice Relating to Rule 151. Individual Responsibility
Venezuela’s Code of Military Justice (1998), as amended, under a chapter dealing with “Crimes against international law”, provides for the punishment of the offenders of a list of certain war crimes.
Venezuela, Code of Military Justice, 1998, as amended, Article 474.
Venezuela’s Revised Penal Code (2000) provides for the punishment of Venezuelan nationals and foreigners who have committed certain acts “during a war between Venezuela and another nation” or who “violate the conventions or treaties [to which Venezuela is a party] in a way which entails the responsibility of the latter”.
Venezuela, Revised Penal Code, 2000, Article 156.
Venezuela’s Penal Code (2005) states:
The following shall be punished with military arrest or political prison for one to four years:
…
3. Venezuelan or foreign nationals who violate conventions or treaties to which the Republic [of Venezuela] is party in a way that entails State responsibility.
Venezuela, Penal Code, 2005, Article 155(3).
Venezuela’s Constitution (2009) states:
The public authorities, whether military, civilian or of any other kind, even during a state of emergency, exception or restriction … are prohibited from committing, permitting or tolerating the forced disappearance of persons. … The … perpetrators, accomplices and concealers of the crime of forced disappearance of a person, as well as of any attempt to commit such offences, shall be punished in accordance with law.
Venezuela, Constitution, 2009, Article 45.
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:
An indicted [person] is any person that is identified as the author of, or as having participated in, a punishable act through a procedural act of the authorities responsible for prosecution, as established by this Code.
When the accusation is admitted [by the Court], the indicted [person] acquires the status of accused [person].
Venezuela, Penal Procedure Code, 2009, Article 124.
Venezuela’s Penal Procedure Code (2012), which is applicable to the prosecution of war crimes, states:
An indicted [person] is any person that is identified as the author of, or as having participated in, a punishable act through a procedural act of the authorities responsible for prosecution, as established by this Code.
When the accusation is admitted [by the Court], the indicted [person] acquires the status of accused [person].
Venezuela, Penal Procedure Code, 2012, Article 126.
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 held:
There is sufficient prima facie evidence of the [criminal] responsibility of … [the accused] for the alleged commission of the offences for which his extradition is requested, and that justify the preventive detention ordered against him [by the Government of Colombia].
…
From all the above, it can be concluded that the extradition request is valid with regards to the offences of extortive kidnapping, and seizure and diversion of aircraft.
Venezuela, Supreme Tribunal of Justice, Ballestas case, Judgment, 10 December 2001, pp. 11–12.
[emphasis in original]