Venezuela: the judgement of civilians by military courts

Latin America
Issue: Independence of Judges and Lawyers
Document Type: Publication
Date: 2018

Today the ICJ launched its report The Trial of Civilians by Military Courts in Venezuela (available only in Spanish).

The report analyzes the constitutional and legal framework of Venezuela’s military justice system, its structure, integration and scope of jurisdiction.

The report addresses the serious problems regarding the independence of the Venezuelan military justice system and the practice of prosecuting civilians by the military courts of that country, in light of international standards and the principles of the rule of law.

It also highlights the recommendations on the administration of justice by military courts that have been made to Venezuela by various international authorities charged with the protection of human rights, both within the United Nations and within the Inter-American System.

The report concludes that the Venezuelan military tribunals do not meet the necessary conditions for a fair administration of justice, including as provided by Article 14 of the International Covenant on Civil and Political Rights.

In particular, it underscores that the trial of civilians by military courts constitutes a violation of the right to an independent, impartial and competent tribunal and is incompatible with international law and standards on the administration of justice.

Venezuela-Civiles Tribunales Militares-Publications-Reports-Thematic Reports-2018-SPA (Full report, in Spanish, in PDF)

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