NGOs Denounce Delcy Rodríguez's Announcement of Amnesty Law's End as Unconstitutional
Translated from Spanish, summarized and contextualized by DistantNews.
TLDR
- Several NGOs in Venezuela have denounced Delcy Rodríguez's announcement of the "end" of the amnesty law as unconstitutional and arbitrary.
- These organizations argue that the executive branch lacks the authority to end the law, as it cannot be revoked by a simple declaration and has no expiration date.
- They contend that Rodríguez's action violates the separation of powers and creates legal uncertainty for victims and political prisoners.
Venezuelan NGOs are sounding the alarm over Delcy Rodríguez's recent declaration that the amnesty law has "come to an end." Organizations like Provea and Acceso a la Justicia are unequivocally stating that this move is not only arbitrary but also fundamentally unconstitutional. Their core argument rests on the principle that the executive branch overstepped its bounds; only the National Assembly or the Supreme Tribunal of Justice's Constitutional Chamber has the power to repeal such a law, not a unilateral declaration.
This constitutes an arbitrary and unconstitutional measure, which does not contribute to the process of coexistence and peace that has been announced.
The NGOs emphasize that the amnesty law, as written, does not include any provision for a sunset clause or expiration. Therefore, Rodríguez's announcement creates a dangerous legal vacuum. Acceso a la Justicia points out that this action bypasses established legal procedures, requiring a new law or a court ruling for repeal. By attempting to end the law through administrative fiat, the government is undermining the rule of law and the separation of powers, principles that are crucial for any functioning democracy.
This amnesty law comes to an end.
Furthermore, these organizations express deep concern about the implications for victims and political prisoners. The premature end to the amnesty law, they argue, leaves victims in a state of "absolute vulnerability" and sends a chilling message to the judiciary, effectively instructing courts to disregard any pending applications for release under the law. This move is seen not as a genuine step towards reconciliation but as a "political rhetoric exercise," failing to deliver on the promise of freedom for political detainees and exacerbating the existing legal and political instability within Venezuela.
The derogation of a Law is not the competence of the National Executive.
Originally published by El Nacional in Spanish. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.