Venezuelans testify in Argentine court about alleged crimes against humanity under President Maduro

FILE – Protesters hold up cardboard posters showing images of family members and friends killed during anti-government protests, in Caracas, Venezuela, March 18, 2014. An Argentine federal court in Buenos Aires ruled on June 28 2024 testimony from Venezuelan victims as part of an investigation into possible human rights violations allegedly committed by security forces during the crackdown on mass anti-government protests in 2014. (AP Photo/Esteban Felix , case)

BUENOS AIRES, Argentina (AP) — Frustrated by the limitations of the International Criminal Court’s laborious pace and determined that security agents who allegedly killed their loved ones not enjoy absolute impunity, Venezuelans have taken their crimes against humanity case to a federal court 2,000 miles (3,000 kilometers) from their home in Argentina.

In a first for Venezuela under the repressive rule of President Nicolás Maduro, a federal court in Buenos Aires on Friday concluded two days of testimony from Venezuelan victims in an investigation into possible human rights abuses they say were committed by security forces in 2014, the year after Maduro came to power.

Earlier this year, Argentine prosecutors decided to revive a criminal complaint filed in 2023 by the Clooney Foundation for Justice on behalf of survivors and family members of those killed in what lawyers called a “systematic plan” by the state to crush dissent.

Prosecutors said the crimes committed by high-ranking members of the Venezuelan National Guard were “extremely serious” and required immediate investigation.

Several people flew from Venezuela to attend the first preliminary hearing, which began Thursday in Argentina – a country that has had to confront its own legacy of war crimes and has vowed to pursue criminals of war operating beyond its borders.

“Those who are testifying are people who have been seeking justice in Venezuela for a very long time and who have reached the end of the road,” said Yasmine Chubin, a lawyer at the Clooney Foundation, a nonprofit organization founded by George and Amal Clooney that provides free legal support to victims of human rights abuses. “They continue to fight to hold those responsible accountable, and that led us to file this lawsuit.”

Security forces have used harsh tactics to suppress mass anti-government protests – arresting, torturing and killing those suspected of dissent. At least 43 people, including security officials and protesters, were killed in that 2014 crackdown.

Venezuelans are struggling to challenge Maduro at home, where legal experts say lawsuits against the government often punish lower-ranking officers while protecting those in power.

In 2018, the International Criminal Court opened its first investigation into abuses in Venezuela – following an unprecedented referral from five Latin American countries and Canada – but years later, the probe is still in its early stages.

In March, the Hague tribunal rejected Venezuela's appeal, upholding its decision to investigate alleged atrocities in the country. Maduro's government denies accusations of large-scale crimes and says it is already internally reviewing some alleged abuses.

Human rights lawyers around the world are increasingly pursuing cases in national courts under what is called the principle of universal jurisdiction, arguing that the ICC often acts too slowly to have any effective effect. real time on current events.

“The ICC’s capacity is limited in that it can only handle a handful of cases,” Chubin said. “The scale of the atrocities in Venezuela, which have resulted in thousands of deaths and many other violations such as persecution, arbitrary detention, torture and sexual violence, calls for a broader approach.”

Among the handful of countries that have adopted this principle in their legal systems, Argentina stands out in the region for its exceptionally favorable record in applying the legal concept to investigate alleged crimes against humanity committed in Spain, in Nicaragua and Myanmar.

The foundation said it chose to file its case – along with 15,000 pages of documentation – in Argentina because of the country's proximity to Venezuela, its large community of Venezuelan immigrants and its broad interpretation of universal jurisdiction, product of its 1983 transition to democracy from a brutal military dictatorship.

Under legal principle, neither defendants nor plaintiffs need reside in the country where the trial is taking place. The foundation declined to provide details on the many plaintiffs who testified Friday, citing the continuing dangers they face in Venezuela.

It's unclear how long the process might take, but lawyers say they are encouraged by how quickly Argentina decided to launch its investigation – just a month after the foundation filed its complaint. Although the case is unlikely to result in arrests before Venezuela's July 28 elections, any risk of a complicated dispute in Argentina's courts could overshadow the vote.

“Depending on the situation with universal jurisdiction, you might be looking for symbolic results. We’re not,” said Ignacio Jovtis, senior program officer at the Clooney Foundation for Justice. “We’re very committed to following through and getting concrete results.”

In other words, Jovtis said, the plaintiffs hope to see senior Venezuelan security officials extradited and tried in Buenos Aires. The foundation declined to publicly name the defendants, reluctant to inform the accused in advance of the charges against them.

The Argentine federal prosecutor in charge of the case, Carlos Stornelli, could not immediately be reached for comment.

The hearings on Thursday and Friday exhausted the plaintiffs, many of whom broke down as they recounted the horrors they endured, Chubin said. But on Friday, in court in Buenos Aires, they said they felt a sense of hope.