The Council of Bars and Law Societies of Europe (CCBE) wrote to express concerns over the arrest and conviction of Venezuelan lawyer Jose Amalio Graterol. Graterol refused to continue a trial without his client present, which was not permitted by Venezuelan law at the time. He was subsequently arrested and convicted of obstruction of justice in a retroactively applied charge. The CCBE believes Graterol's conviction threatens the independence of lawyers and the rule of law in Venezuela, and asks that he be immediately released as his conviction violates justice norms. They also ask that lawyers be allowed to perform their duties without fear of reprisal.

1. C o n s e i l d e s b a r r e a u x e u r o p é e n s – C o u n c i l o f B a r s a n d L a w S o c i e t i e s o f E u r o p e
association internationale sans but lucratif - RPM Bruxelles 0.467.250.186
Rue Joseph II, 40 – 1000 Brussels – Belgium – Tel.+32 (0)2 234 65 10 – Fax.+32 (0)2 234 65 11/12 – E-mail ccbe@ccbe.eu – www.ccbe.eu
Le Président
The President
President of the Bolivarian Republic of Venezuela
Nicolàs Maduro Moros,
Final Avenida Urdaneta Esq. de Bolero,
Palacio de Miraflores, Caracas
Venezuela
Brussels, 16 September 2013
Re: Concerns regarding the conviction of Mr José Amalio Graterol
Your Excellency,
I am writing to you on behalf of the Council of Bars and Law Societies of Europe (CCBE), which,
through the national Bars and Law Societies of the Member States of the European Union and the
European Economic Area, represents more than 1 million European lawyers. In addition to
membership from EU bars, it also has observer representatives from a further eleven European
countries’ bars.
The CCBE, through its Human Rights Committee, places great emphasis on respect for human rights
and the rule of law. The CCBE is particularly concerned by the situation of human rights defenders in
the world.
The CCBE writes to express its serious concerns over the arrest and conviction of Mr José Amalio
Graterol, a prominent lawyer who has been representing Judge Maria Lourdes Afiuni in one of the
most high-profile political cases in Venezuela.
According to the information that we received, on 4 June 2013, Mr Graterol refused to continue a
criminal trial in the absence of his client. Reliable sources report that trials in absentia were not
permitted by the Venezuelan criminal law as it stood at that time. Mr Graterol was subsequently
arrested on charges of “obstruction of justice” for failing to represent his client..Eleven days later, on
15 June 2012, the criminal procedure code was amended by a presidential decree to permit trials in
absentia. The charge against Mr Graterol was then retroactively made a criminal penalty, which is
contrary to the norms of justice.
In December 2012, Mr Graterol was sentenced to six months imprisonment, and in July 2013 the
verdict was upheld by the Vargas State Court of Appeal. A sentencing tribunal (tribunal de ejecución)
will now decide the conditions under which Mr Graterol will serve his sentence.
In addition, the CCBE has been informed that shortly before his arrest, Mr Graterol had complained of
being harassed and threatened as a consequence of his vocal criticism of the Venezuelan judicial
system in the context of the Afiuni case.
The CCBE has grounds to fear that Mr Graterol’s conviction is solely due to his activity as defence
counsel for Judge Maria Lourdes Afiuni. The CCBE is alarmed by these facts that threaten to
undermine the independence of the legal profession and the proper application of the rule of law in
Venezuela.

2. In this context, the CCBE wishes to draw to your Excellency’s attention the following Articles of the
United Nations Basic Principles on the Role of Lawyers (1990):
Article 16 states that:
Governments shall ensure that lawyers (a) are able to perform all of their professional
functions without intimidation, hindrance, harassment or improper interference; (b) are able to
travel and to consult with their clients freely both within their own country and abroad; and (c)
shall not suffer, or be threatened with, prosecution or administrative, economics or other
sanctions for any action taken in accordance with recognized professional duties, standards
and ethics.
Furthermore, Article 18 states that:
18. Lawyers shall not be identified with their clients or their clients' causes as a result of
discharging their functions.
In view of the above, the CCBE respectfully urges your Excellency to to take effective steps to ensure
that Mr José Amalio Graterol is immediately released, given that his conviction is contrary to the
norms of justice. The CCBE also implores you to take all necessary measures to guarantee that
lawyers in your country are able to perform their professional duties without fear of reprisal,
intimidation and harassment,
Yours sincerely,
EVANGELOS TSOUROULIS
CCBE President