Apply the Palermo Convention against transnational organized crime group that occupies Venezuela
By: Carlos Sánchez Berzaín - 28/08/2024
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Four weeks after 28-J, Venezuelan peoples are victims of State-terrorism committed by members of the dictatorship that wields power who has turned Venezuela into an occupied nation. In the aftermath of the resounding electoral loss, 21st Century Socialism’s strategy is to -internally- gain time to apply crime and violence and -internationally- to create confusion and inaction. Both courses of action, however, are not feasible since they are vulnerable to and can be defeated by the application of the Palermo Convention against the transnational organized crime group.
In its article 2.a., the United Nations Convention Against Transnational Organized Crime defines that “Organized criminal group shall mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offenses established in accordance with this Convention, in order to obtain, directly or indirectly, a financial or other material benefit.” This definition certainly fits and describes; Nicolas Maduro, Delcy Eloína Rodríguez, Diosdado Cabello, Jorge Rodríguez, Vladimir Padrino López, Elvis Amoroso, Tarek William Saab, Caryslia Rodríguez … and the transnational leadership operated by Cuba and others.
Article 2.b. states “Serious Crime shall mean conduct constituting an offense punishable by a maximum deprivation of liberty of at least four years or a more serious penalty.” Maduro’s organized criminal group, also known as “Los Soles Cartel” or its political name; 21st Century Socialism, or Castrochavism, has committed with malice aforethought, cruelty, and re-incidence, premeditated flagrant crimes of terrorism, extortion, material and ideological falsehoods, use of counterfeited instruments, fraud, broadcasting of fake news, false accusations and denouncements, illegal detentions, torture, assassinations, self-attributed the rights of the people, treason to the homeland, and almost the entire Penal Code, that have pre-constituted public proof.
Article 3, Section 2 of the Convention determines “… the offense is transnational in nature if: (a) It is committed in more than one State; (b) It is committed in one State but a substantial part of its preparation, planning, direction or control takes place in another State; (c) It is committed in one State but involves an organized criminal group that engages in criminal activities in more than one State; or (d) It is committed in one State but has substantial effects in another State.” In the specific case of crimes committed in Venezuela before, during, and after the 28-J elections, all four subsections of the convention are applicable. Above it all, however, is subsection “d)” because all crimes committed have substantial effects in all of the Americas’ States.
Article 23 of the Palermo Convention establishes that “… Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offenses, when committed intentionally: (a) The use of physical force, threats or intimidation or the promise, offering or giving of an undue advantage to induce false testimony or to interfere in the giving of testimony or the production of evidence in a proceeding in relation to the commission of offenses covered by this Convention …”
The situation in Venezuela is putting to the test the entire international legal system, its applicability, validity, and own existence. A transnational criminal group is violating all internal laws, committing flagrant crimes, vulnerating the whole international system, openly executing State-terrorism with foreign occupation forces, manipulating the judicial and administrative system, committing crimes against humanity, and much more, all while it paralyzes the democratic States with the repetition of crimes and falsifications. In less than a month and with total impunity, it has committed crime from within; the Executive Branch, the Attorney General’s office, the National Electoral Council, the Judicial Branch, the Offices of State Security, the Armed Forces, and other institutions.
The international system cannot remain defenseless, democratic governments cannot continue to only be drafting resolutions while organized crime, operating alongside Para-Dictatorial governments, propose even new elections to grant impunity for the crimes committed. The objective is to respect the Venezuelan people’s sovereignty by declaring Edmundo Gonzales Urrutia as the President-Elect and with sanctions to the criminals, their instigators, accomplices, abettors, and apologists.
While the world awaits; rulings by the International Criminal Court, pro-active decisions by regional institutions, the application of the Interamerican Treaty of Reciprocal Assistance (TIAR), the application of United Nations’ collective security measures, the actions of democratic States with the Palermo Convention become urgent. This can happen at the request of governments, Branches of Governments, legislatures, Non-Governmental Organizations (NGO), prosecutors, and the citizenry.
*Attorney & Political Scientist. Director of the Interamerican Institute for Democracy.
Translation from Spanish by Edgar L. Terrazas
«The opinions published herein are the sole responsibility of its author».