Article content continued

The regime has constantly denied the existence of this crisis, banning the entrance of any humanitarian assistance, blaming that this is all part of a foreign conspiracy against the revolution. Venezuelans are facing no alternative but to leave their country, mainly to Brazil and Colombia. The so-called “Bolivarian diaspora” amounts to more than two million people, representing a refugee crisis comparable, in numbers, to the one in Syria.

Regardless of the timeline used by the ICC to start its investigation, the persecution of political opponents is not new. It began under Hugo Chávez and it has increased under the current regime. For example, the Inter-American Court of Human Rights determined the responsibility of Venezuela for violation of free speech and free press(case of Radio Caracas Televisión) and the persecution of civilian opponents (case of San Miguel Sosa), among others. The court has emphasized the lack of independence and autonomy of the judiciary to address these violations. This is an important factor to determine if the Venezuelan judiciary can carry a genuine and independent investigation, as stated in Art. 1 and Art. 17 of the Rome Statute. By all accounts, it can not.

The OAS report has been endorsed by the National Assembly, under the control of the opposition. Local NGOs are trying to articulate strategies on how to submit evidence to the ICC. In order to ensure a successful investigation, cooperation is paramount. This is perhaps an important role that the Lima Group could take, following Canada’s lead. This Group was created by OAS member states last year to address the situation in Venezuela.