Venezuela: HRF Condemns Two-Year Sentence against Oswaldo Álvarez Paz

NEW YORK (July 15, 2011) – The Human Rights Foundation (HRF) condemns the sentencing of Oswaldo Álvarez Paz for expressing opinions critical of the Venezuelan government on a television program. The sentence was read last night after a 16-month trial. In the next few days, the judge will determine whether Álvarez Paz must serve his two-year sentence in prison or on parole.

“The message is clear: criticize President Chávez on television, and you may become a convicted criminal,” said Thor Halvorssen, president of HRF. “Of all the cases of political persecution in Venezuela, the case of Oswaldo Álvarez Paz is most representative of the deterioration of Venezuelan democracy. A member of congress accused him, a public prosecutor indicted him, the political police arrested him, and a judge convicted him for criticizing the president. Chávez did not need to move a muscle. Venezuela now has a well-oiled repressive machinery,” explained Halvorssen.

On March 8, 2010, Álvarez Paz, the former governor of Zulia, participated in a televised interview where he criticized the human rights situation in Venezuela and discussed alleged ties between the Venezuelan government, drug-trafficking cartels, the Spanish terrorist organization ETA (Euskadi Ta Askatasuna), and the FARC (Revolutionary Armed Forces of Colombia). The next day, a member of the Venezuelan National Assembly filed a criminal complaint against his statements with the attorney general’s office. A public prosecutor then formally pressed charges for the crimes of “conspiracy,” “public instigation to commit crimes,” and “dissemination of false information.” After 51 days under preventive imprisonment, Álvarez Paz was released conditionally, pending the final resolution of his trial.

Last night, the 21st Trial Court of the Caracas Metropolitan Area declared Álvarez Paz guilty of “spreading false information” and sentenced him to two years in prison. During the proceedings, the attorney general withdrew charges for the other two other crimes. According to article 365 of the Organic Criminal Procedure Code of Venezuela, the judge must publish his decision in full within ten days to determine whether Álvarez Paz will serve his sentence in jail or on parole.

On April 5, HRF published a legal report on the case of Álvarez Paz and declared him a prisoner of conscience of the Venezuelan government. The report determined that the actions carried out by the Venezuelan authorities in charge of his case violated the international legal standard on freedom of expression.

“International law prohibits the criminalization of expressions or opinions, especially when they are directed at public servants,” stated Javier El-Hage, general counsel of HRF. “Oswaldo Álvarez Paz’s conviction for expressing opinions critical of President Chávez and his government is a violation of international law and makes the Venezuelan State internationally responsible,” added El-Hage.

Since 2000, the Venezuelan government has systematically restricted freedom of expression within the country. Since 2007, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have repeatedly found the Venezuelan government responsible for violating freedom of expression. Venezuela is the only state in the Americas to deny the Inter-American Commission access to its territory.

Since 2009, the Freedom of the Press Index has ranked Venezuela as “not free.” Other countries in this category include Burma, China, Cuba, Eritrea, Libya, North Korea, and Turkmenistan.

HRF is an international nonpartisan organization devoted to defending human rights in the Americas. It centers its work on the twin concepts of freedom of self-determination and freedom from tyranny. These ideals include the belief that all human beings have the rights to speak freely, to associate with those of like mind, and to leave and enter their countries. Individuals in a free society must be accorded equal treatment and due process under law, and must have the opportunity to participate in the governments of their countries; HRF’s ideals likewise find expression in the conviction that all human beings have the right to be free from arbitrary detainment or exile and from interference and coercion in matters of conscience. HRF does not support nor condone violence. HRF’s International Council includes former prisoners of conscience Vladimir Bukovsky, Palden Gyatso, Václav Havel, Mutabar Tadjibaeva, Ramón J. Velásquez, Elie Wiesel, and Harry Wu.

Contact: Pedro Pizano, Human Rights Foundation, (212) 246.8486, pedro@thehrf.org

Read the legal report here.

Read HRF's letter sent to President Chavez on April 5, 2010, declaring Oswaldo Álvarez Paz a prisoner of conscience here.