International

Opponents at the Embassy of Argentina in Venezuela, waiting for a permit that does not arrive

Six Venezuelan opposition members are asylum at the Embassy of Argentina in Caracas waiting for the Government of Venezuela to grant the safe-conducts to leave the country. A possibility classified as mandatory in the Convention on Diplomatic Asylum (1954), but of “limited” application in practice, experts say.

Although the convention says that “the asylum State can request the departure of the asylum seeker for foreign territory,” and expressly indicates that “the State is obliged to give immediately (…) the corresponding safe-conduct.” “Except in case of force majeure” is added, without specifying more, which leaves the door open to different criteria.

For Simón Gómez, professor of International Law at the Andrés Bello Catholic University, “force majeure” is a concept “on which there is a relative general acceptance of its meaning.” It refers to “circumstances resulting from a natural tragedy” that prevent “conferring the safe conduct.”

But the president of the College of Internationalists of Venezuela, Juan Francisco Contreras, told EFE that it must be located in 1954, the year in which the convention was created, when many countries “had military and dictatorial regimes.” So “a kind of window was always left to be able to justify some kind of denial.”

For these reasons, both agree that Venezuela could not argue “force majeure” to deny safe conduct. However, they recall that there are examples of governments that have denied safe conducts citing the article of the convention that states that “it is not lawful to grant asylum” to people who, when requested, “are indicted or prosecuted” before “competent ordinary courts and for common crimes.”

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A recent example is the case of Ricardo Martinelli, former president of Panama who was in asylum at the Embassy of Nicaragua, whom Justice sentenced to 10 years in prison for money laundering. A conviction that served as an argument for Panama to deny the safe conduct.

The opposite case is that of Pedro Carmona, who, after an unsuccessful coup d’état against Hugo Chávez in 2002, sent to the Colombian Embassy in Caracas. Although he was accused of rebellion, Chávez himself granted a safe-conduct.

“I must say that, in the face of the sovereign decision (…) of the Colombian Government to grant diplomatic asylum to Dr. Carmona (…) in the next few hours I will issue the safe-conduct to leave Venezuela (…). We are obliged from the point of view of International Law,” Chávez said in May 2002.

The Government has not yet confirmed whether it will approve or deny the safe conduct to the opponents, but the vice president of the United Socialist Party of Venezuela (PSUV), Diosdado Cabello – without a charge in the Executive -, assured that he refused.

On May 30, Argentina demanded from Venezuela “the immediate issuance of safe-conducts,” in “compliance” with the 1954 Convention.

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However, for José Bruzual, professor of Public International Law at the Central University of Venezuela, this case “is not resolved solely with legal criteria.”

“It’s a dilemma from the beginning. The Asylum State has the power to grant asylum, but the territorial State can argue about the nature of the crimes and refuse to grant the safe conduct. In practice, those people can stay there for a long time,” he added.

The six opponents took refuge at the Embassy of Argentina after the Prosecutor’s Office accused them of several crimes, such as conspiracy and treason, among others.

According to the convention, the asylum officer “will take into account” the information of the territorial government on the crimes, but “his determination to continue the asylum or demand the safe conduct for the persecuted will be respected.”

If Venezuela denies the authorization, the convention does not contemplate that any international organization orders the issuance of the permit, so “there is no way to force the country to give the safe conduct,” said expert Contreras.

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The asylum seekers at the Embassy of Argentina are Pedro Urruchurtu, Magalli Meda, Claudia Macero, Humberto Villalobos – all members of María Corina Machado’s party -, former deputy Omar González and Fernando Martínez Mottola, adviser to the opposition coalition Plataforma Unitaria Democrática.

International

Guatemala considers sending high-risk gang members to military prisons

Amid the escalating crisis in Guatemala’s prison system, the government is considering transferring high-risk gang members to military-run detention facilities, a move that analysts say could help address overcrowding and the lack of control in civilian prisons.

The debate has gained urgency following the killing of ten police officers by gang members, reportedly in retaliation after the government refused to meet demands made by Aldo Dupie Ochoa, alias “El Lobo,” leader of the Barrio 18 gang, which authorities identified as responsible for the attack.

Guatemala’s Minister of Defense, Henry David Sáenz, told local media that the possibility of relocating high-danger inmates to military brigades has not been formally discussed. However, he noted that the practice is not new to the Armed Forces and said it is something that “was already being done.”

One example is the detention center located within the Mariscal Zavala Military Brigade, in Zone 17 of Guatemala City, where several inmates are held under military supervision. The facility also houses high-profile detainees, including former official Eduardo Masaya, who faces corruption charges.

In 2015, a ministerial agreement authorized the establishment of the Zone Seventeen Detention Center within the brigade, with a maximum capacity of 114 inmates in Area A and 21 in Area B. The agreement specified that the facility would be used exclusively for civilians or military personnel considered at risk of assassination.

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Additionally, since 2010, a prison has operated within the Matamoros Barracks in Zone 1 of Guatemala City, holding dangerous or high-profile inmates. However, media outlets have described these military detention centers as “VIP prisons,” particularly for former government officials such as ex-president Otto Pérez Molina.

International

Rights group says over 5,000 killed in Iran protests, mostly civilians

A U.S.-based human rights group said on Friday it has confirmed that more than 5,000 people were killed during the recent protests in Iran, most of them civilians allegedly shot by security forces.

Non-governmental organizations monitoring the toll from the crackdown on what have been described as the largest demonstrations in Iran in years said their work has been hampered by an internet shutdown imposed by authorities since January 8. They warned that the actual death toll is likely significantly higher.

The Human Rights Activists News Agency (HRANA), based in the United States, reported on Friday that it had verified the deaths of 5,002 people, including 4,714 protesters, 42 minors, 207 members of the security forces, and 39 bystanders.

The group added, however, that it is still investigating an additional 9,787 possible deaths, underscoring the difficulty of independently confirming information amid ongoing restrictions and repression.

International

Japan reopens Kashiwazaki-Kariwa Plant despite public concerns

La centrale nucléaire japonaise de Kashiwazaki-Kariwa, la plus grande au monde, a repris ses activités mercredi pour la première fois depuis la catastrophe de Fukushima en 2011, malgré les inquiétudes persistantes d’une partie de la population.

La remise en service a eu lieu à 19h02 heure locale (10h02 GMT), a indiqué à l’AFP Tatsuya Matoba, porte-parole de la compagnie Tokyo Electric Power (Tepco).

Le gouverneur de la préfecture de Niigata, où se situe la centrale, avait donné son feu vert à la reprise le mois dernier, en dépit d’une opinion publique divisée. Selon une enquête menée en septembre par la préfecture elle-même, 60 % des habitants se déclaraient opposés au redémarrage, contre 37 % favorables.

Mardi, plusieurs dizaines de manifestants ont bravé le froid et la neige pour protester près de l’entrée du site, sur les rives de la mer du Japon.

« L’électricité de Tokyo est produite à Kashiwazaki. Pourquoi seuls les habitants d’ici devraient-ils être exposés au danger ? Cela n’a aucun sens », a déclaré à l’AFP Yumiko Abe, une riveraine de 73 ans.

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La centrale de Kashiwazaki-Kariwa avait été mise à l’arrêt lorsque le Japon a fermé l’ensemble de ses réacteurs nucléaires à la suite du triple désastre de mars 2011 — un séisme, un tsunami et un accident nucléaire — survenu à Fukushima.