IAPL: Venezuela: Lawyers unable to practice their profession freely and independently says briefing paper

In a briefing paper released today, the International Commission of Jurists (ICJ) calls attention to the numerous obstacles and restrictions that Venezuelan lawyers face in exercising their profession.

Lawyers acting independently are frequently subjected to harassment, intimidation, and even criminal sanction.  Lawyers acting in high-profile actions, particularly politically charged cases, or those involving human rights violations are at particular risk.

As the paper demonstrates, the institutional environment fails to adequately provide for independence within the justice system or the protection of human rights.

“Venezuela has become a hostile environment for functioning of an independent and accountable legal profession, which is a precondition for a society based on the rule of law and where of human rights are protected”, said Ian Seiderman, ICJ Legal and Policy Director.

The briefing paper also underscores that in a context of increasing authoritarianism, the situation of the legal profession has deteriorated over the last decade. Certain public authorities, including prosecutors, judges, police officials and intelligent agents, have acted to suppress or failed to implement the guarantees necessary to facilitate a robust legal profession that can play its role in the fair administration of justice. On other occasions, lawyers are subjected to variation forms of pressure, harassment, intimidation, or persecution by private parties who act with the support, tolerance or acquiescence of State authorities.

“The independent and free exercise of the legal profession is essential for the protection of human rights, including the rights to a fair trial, due process and effective remedies. By failing to protect the legal profession, the authorities are also breaching their international legal obligations to ensure the rights of all”, stressed Seiderman.

Bar associations have similarly been the target of unwarranted interferences, and accordingly have been unable to play their essential role in defending the independence of the legal profession of their members.