Ley Contra la Corrupción (25 noviembre 2012, Asamblea Nacional de Venezuela)
Venezuela NGO response to assault in the National Assembly
1. IN RESPONSE TO THE EVENTS WHICH TOOK PLACE ON 4.16.13 IN THE
NATIONAL ASSEMBLY
The member organizations of Monitor Legislativo would like to express their utmost
condemnation of the incidents which took place in the Venezuelan National Assembly
on April 16, 2013.
Primarily, we ask that the physical acts of violence inflicted on the Merida Senator,
William Davila, are investigated and prosecuted accordingly. Davila was impacted by a
wireless microphone which was thrown inside the congress chamber. He was then
taken to a hospital in Caracas and his injury required 14 stiches. In accordance with the
Venezuelan Constitution, we would like to highlight that the congress is to serve as an
open space for pluralistic dialogue for the elected representatives. Physical or verbal
attacks are unacceptable in the parliamentary institution, and the president of the
national assembly is responsible for guaranteeing free expression for all members
without censorship or threats to their physical wellbeing.
We ask that the National Assembly’s directive condemn, investigate, and take the
necessary measures to prevent a similar attack from occurring in the chamber. It is also
worth noting that similar occurrences have happened under the presidency of Senator
Diosdado Cabello.
Additionally, the member organizations of Monitor Legislativo are extremely worried
about the stance which the National Assembly President, Diosdado Cabello, has taken
in establishing a mechanism which violates the right to freedom of expression of all
Senators who do not recognize Nicolas Maduro as President of Venezuela. This
attempt of censorship is a clear violation of the constitutional rights of all members of
parliament, as established in the Venezuelan Constitution and the Interior Rules for
Debates, and establishes a grave precedent for those who exercise the role. These
actions violate the constitutional rights which all senators, regardless of their political
affiliation, are entitled to and furthermore inhibit their capacity to carry out the duties
which citizens entrusted in them through the election process.
The event described above is contrary to the right of speech established in the
Regulatory materials, section 2 article 17. Furthermore, according to articles 70 and 71,
the right of speech in the chamber can only be revoked in two scenarios i) when the
senator is absent from the chamber when called upon and ii) when the senator deviates
from the topic which is being discussed, neither of which apply to the session that took
place yesterday. Therefore, the decision is not in accordance to the rules and
regulations, much more so because article 74 establishes that the president of the
assembly is responsible for ensuring the senator’s rights when in session.
2. In sum, the session which took place on April 16th
2013 is a clear reflection of demise of
democracy in the country. We therefore urge that such discriminatory and
unconstitutional mechanism be stopped immediately.
Likewise, we manifest our rejection to the removal of all senators of the opposition party
from the National Assembly. This would exemplify clear political retaliation which is
unacceptable in democratic institutions and further weaken the frail institutionalism of
Venezuela.
In response to the occurrences described, we would like to reiterate our requests:
In relation to the physical aggressions against William Davila, we request that
responsibility be taken immediately and that proper measures are taken against
the aggressors, including authorities and functionaries which are responsible for
the security of all members of the National Assembly.
In relation to the censorship mechanism imposed on the opposition senators, we
demand that such harassment and political apartheid be stopped immediately,
and that their parliamentary rights are respected and protected.
In relation to the possible removal of senators who do not recognize Maduro from
the National Assembly, we demand their immediate reinstatement.
We solicit all of the above in accordance with the Constitution of Venezuela and rules
and regulations of parliament that guarantee a democratic institution and contradict the
actions taken by the President of the National Assembly.
Monitor Legislativo is a group of civil society organizations, academics and social
communicators which understand the importance of the legislative power and follow the
actions of the National Assembly closely. Our mission is to monitor and inform citizens
of the actions of all elected representatives in adherence to constitutional parameters
and our commitment to transparency.