Published On: Mon, Feb 2nd, 2015

Venezuelan Army Can Shoot Protesters, Effective Immediately

ft-gnb-protestas-venezuelaCARACAS - An internal ruling made by the Venezuelan Ministry of Defense, published on Tuesday, January 27, in state newsletter Gaceta Oficial, legalizes the use of lethal weapons by the national armed forces (FANB) against protesters.

Resolution 008610, signed by General-in-Chief and Defense Minister Vladimir Padrino López, establishes the “use of force, with a firearm or any other potentially lethal weapon” as the last resort to “prevent disorder, support the legitimately constituted authority, and counter all aggression, immediately confronting it with the necessary measures.”

Article 68 of the Constitution, however, stipulates: “The use of firearms and toxic substances to control peaceful demonstrations is prohibited.”

The new measures also specify that a new Public Order Manual for state security services will be created within the next three months to facilitate training and prevent abuses. However, the new rules on the use of force are to be applied “immediately.”

Under Venezuelan law, the Defense Ministry does not have the authority to override or ignore the Constitution and the norms contained therein. María Esperanza Hermida, coordinator for enforcement in Venezuelan NGO (Provea) argued that the measure violates the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), as well as transferring competencies to the military which are the preserve of the civil police.

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