Venezuelan Lawyer Warns of Enforced Disappearance Over Unreported Detainee Transfers

Venezuelan lawyer Gonzalo Himiob has issued a stark reminder to state officials regarding their duty to clearly communicate the destination, status, or whereabouts of individuals deprived of their liberty. Himiob, who also serves as the vice president of Foro Penal, warned that omitting such information could be legally classified as enforced disappearance, a crime punishable under the Venezuelan Penal Code.

In a statement on social media platform X, Himiob stressed that officials involved in transferring detainees must provide precise details about where they are being taken. "Officials moving prisoners from one place to another are reminded that they must clearly indicate and notify their destination, status, or whereabouts. The contrary can constitute enforced disappearance (Art. 180-A CP)," he wrote. His warning was accompanied by an image of the relevant article from the Penal Code, which prescribes prison sentences ranging from 15 to 25 years for authorities or state employees who unlawfully deprive a person of liberty and refuse to acknowledge the detention or provide information about the individual's fate.

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Officials moving prisoners from one place to another are reminded that they must clearly indicate and notify their destination, status, or whereabouts. The contrary can constitute enforced disappearance (Art. 180-A CP).

The lawyer's statement came shortly after the transfer of the last remaining political prisoners from the notorious El Helicoide detention center on June 3rd. Families and human rights organizations reported a lack of official, detailed information regarding the destinations of several detainees. While some detainees reportedly indicated from transport vehicles that they were being moved to Tocuyito prison in Carabobo state, official confirmation was initially lacking.

This controversy over prisoner transfers gained further attention following remarks by U.S. Secretary of State Marco Rubio, who suggested El Helicoide had been closed. These claims prompted reactions from non-governmental organizations and families of political prisoners, who reiterated the urgent need for transparent information concerning the location and conditions of all detainees.

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The article establishes penalties of between 15 and 25 years in prison for authorities or persons in the service of the State who unlawfully deprive a person of liberty and refuse to acknowledge the detention or to report on their destination or situation.