Commentary on the decision of the Human Rights Committee on the electoral fraud of Nicolas Maduro’s regime in the presidential elections
Ignacio J. Álvarez Martínez[1], Paula Duarte[2] and Ezequiel Curcio[3]
On December 3, 2024, the United Nations Human Rights Committee (hereinafter “the Committee”) registered Communication No. 4712/2024 (“Ignacio Álvarez Martínez v. Venezuela”), a landmark case against the Bolivarian Republic of Venezuela to investigate the electoral fraud perpetrated by the regime of Nicolás Maduro in the elections of July 28, 2024[4]. The Committee thus became the first international human rights body to hear a contentious case on these facts, opening the door to a key process for the defense of democracy and human rights in Venezuela.
The case concerns Mr. Álvarez Martínez, a Venezuelan citizen residing in the United States, who was prevented from exercising his right to vote due to restrictions imposed by the Nicolás Maduro’s regime on overseas voters. The complaint seeks to protect Mr. Álvarez Martínez’s rights under the International Covenant on Civil and Political Rights, specifically, his right to access to public information (Article 19(2)), to participate in genuine elections (Article 25(b)) and to take part in the conduct of public affairs (Article 25(a)), consistent with Articles 2(1), 2(3)(a) and 2(3)(b) of the Covenant.
In particular, the complaint alleged that multiple violations of fundamental human rights were committed in Venezuela in the context of the July 28, 2024 presidential elections. The complainants argued that there was massive electoral fraud, as the Venezuelan National Electoral Council—the body in charge of counting the votes in Venezuela—published severely distorted results announcing Nicolás Maduro as president-elect; but which, in reality, did not reflect the will of the people at the polls. In this regard, the complainants indicated that the opposition had retrieved and published on the Internet 25,073 authentic tally sheets showing that the opposition candidate, Edmundo González, had been the true winner of the elections, with approximately 67% of the total valid votes cast.
Furthermore, the complainants argued that the elections were marked by an evident lack of transparency and undue restrictions on access to public information related to the results. For example, they pointed out the omission of the authorities in the publication of key electoral information, such as the general tally sheet and its supplementary sheets and the tally sheets of each polling station. This omission is contrary to the principles of transparency and maximum disclosure and impedes public scrutiny of the electoral process. Moreover, it compromises the integrity and legitimacy of the elections.
On the other hand, the complaint indicated that there was an unjustified restriction on voting abroad, as millions of Venezuelans abroad, including Mr. Álvarez Martínez, were prevented from exercising their right to vote from their countries of residence, and disproportionate requirements not provided for in the electoral framework were imposed to restrict the exercise of this right. It is to be noted that, in a report published after the complaint to the Committee, the Inter-American Commission on Human Rights itself questioned the disproportionate restrictions that the regime of Nicolás Maduro had imposed on Venezuelan citizens residing abroad to exercise their right to vote[5]. Finally, the complaint pointed out the violation of Mr. Álvarez Martínez’s right to access to justice, insofar as Judgment 031 of 2024 of the Venezuelan Supreme Court of Justice closed any possibility of challenging the election results, depriving him of the possibility of accessing an effective judicial remedy. In this sense, the complainants expressed that the uselessness of judicial remedies was evidenced by the lack of independence and impartiality of the Venezuelan courts, which rendered any judicial remedy completely ineffective.
The complaint also contained a request for interim measures to safeguard the rights of Mr. Álvarez Martínez against potential violations that could render the outcome of the proceedings before the Committee ineffective. Thus, after an initial analysis of the complaint, the Committee decided to grant interim measures ordering Venezuela to “refrain from destroying the electoral material of the presidential elections of July 28, 2024, including the tally sheets, as well as all the electoral material necessary for the preparation of the Acta de Totalización, Adjudicación y Proclamación and the Hojas Complementarias de Totalización”[6]. This measure was necessary since Article 169 of the Organic Law on Electoral Processes of 2009 prescribes that after six months from the celebration of an electoral process it is possible to order the destruction of this material. According to such regulation, as of January 28, 2025, the Venezuelan regime could legally order, through the National Electoral Council, the destruction of all the material of the presidential elections of July 28, 2024.
In this regard, the Committee’s decision to grant interim measures represents a significant step forward in the protection of political rights under the International Covenant on Civil and Political Rights. By ordering the preservation of the electoral material, the Committee set a key precedent in the supervision of electoral processes and their compliance with international human rights standards. This pronouncement reflects the seriousness of the complaint filed and underscores the need to protect the right to genuine elections to ensure transparency and accountability.
Although there is still no decision on the merits of the case, an eventual decision by the Committee would contribute to defining the scope and content of the concept of “genuine elections” provided for in Article 25(b) of the International Covenant on Civil and Political Rights. This would represent a step forward in the Committee’s case-law by clarifying, inter alia, whether this provision enshrines a human right of individual exercise and, if so, the conditions for its exercise and enforceability. It should not be forgotten that the complaint filed on behalf of Mr. Álvarez Martínez is framed in a context of extreme institutional fragility in Venezuela, characterized by the systematic increase of violence against opposition groups and individuals, as well as by the curtailment of fundamental freedoms and other serious human rights violations. The case thus highlights the systematic practices of oppression, persecution and restriction of fundamental rights by the regime of Nicolás Maduro, whose influence has permeated all branches of government in Venezuela.
The lack of guarantees to exercise the right to vote, coupled with the disproportionate restrictions on access to public information and the lack of independent judicial remedies, configures a pattern of massive and sustained violations that affects both citizens within the country and the Venezuelan diaspora abroad. In this context, Mr. Álvarez Martínez’s complaint not only exposes the widespread lack of protection of political rights in Venezuela, but also reinforces the importance of international oversight in the face of authoritarian regimes. Similarly, the case highlights the influence of the Venezuelan diaspora in the defense of democracy and human rights, and underscores the importance of the effective exercise of political rights, especially voting from abroad, opening an innovative path in the Committee’s case-law to protect those who, even from afar, wish to actively participate in democratic processes in their countries of origin.
To sum up, an eventual decision on the merits by the Committee could contribute to broadening the scope and content of the right to genuine elections, including its conditions of exercise and justiciability in an individual case brought by a voter who is not a candidate for any office, and establish clear criteria to guarantee its protection. This would represent a significant advance in international human rights case-law, as it would reaffirm that democracy cannot be based on electoral simulations, but requires the existence of fair and transparent procedures in which the will of the people is respected. Therefore, the Committee’s action in this case will have legal, political and symbolic implications for the struggle for the restoration of democracy in Venezuela and in other similar contexts.
[1] Ignacio J. Álvarez Martínez is a lawyer graduated from Universidad Católica Andrés Bello in Venezuela. He is founder and executive director of IHR Legal. He is a former Special Rapporteur for Freedom of Expression and lawyer of the Inter-American Commission on Human Rights (IACHR) and co-chair of the Human Rights Interest Group of the American Society of International Law (ASIL).
[2] Paula Duarte is a lawyer and political scientist from the Universidad de los Andes in Colombia. She is a consultant for IHR Legal.
[3] Ezequiel Curcio is a lawyer graduated with honors from the Law School of the University of Buenos Aires (UBA). He is a consultant for IHR Legal. He is the editor of the newsletter of the Human Rights Interest Group of the American Society of International Law (ASIL).
[4] The complaint that led to the opening of the case was filed by Ignacio Javier Álvarez Martínez (former special rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights); Antonia Urrejola Noguera (former president of the Inter-American Commission on Human Rights); Carlos Vicente de Roux (former judge of the Inter-American Court of Human Rights); José Antonio Guevara (former president of the United Nations Working Group on Arbitrary Detention) and Paulo Abrão (former executive secretary of the Inter-American Commission on Human Rights), members of the firm IHR LEGAL.
[5] IACHR. “Venezuela: Graves violaciones a derechos humanos en el contexto electoral”, December 27, 2024. OEA/Ser.L/V/II. Available at: https://www.oas.org/es/cidh/informes (last accessed: 01/21/2025).
[6] According to the Organic Law on Electoral Processes, the Acta de Totalización, Adjudicación y Proclamación and the Hojas Complementarias de Totalización is an official document used in electoral processes in Venezuela to consolidate the final results of an election.
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