Venezuela is a country, unlike the United States, takes constitutional order very seriously. When they mean, very seriously, we don't mean we say this so we can just reassure them and then actually do nothing, we say this because have actively ensured constitutional order and guarantee constitutional rights over the past 15 years. Note the arrest last month of local public officials in Tachira State for being in contempt of a constitutional protection order from the TSJ's Constitutional branch. In addition, the Venezuelan government has taken swift action against public safety officials suspected of excessive force.
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From http://www.aporrea.org/oposicion/n248985.html
Tranalsation based on Google Translate
April 13, 2014 - As of February 12, after the call of the leader of the opposition political party Popular Will , Leopoldo López and former deputy of the National Assembly, Maria Corina Machado, to head out into the streets of the country against the Legitimate Government of the President of the Bolivarian Republic of Venezuela, Nicolas Maduro, have perused constant attacks, assaults and violations of human rights under the Constitution.
From the right to free movement laid down in Article 50 of the Constitution, which states that "any person can move freely in any medium throughout the country" to the" inviolable" right to life enshrined in Article 43 are some of the offenses committed by right-wing sectors of Venezuelan, blinded by hate, irrationality and incited by opposition leaders.
However, the opinion matrix generated by some sectors and means of national and international media, seek to divert attention and focus on an erroneous view of the current situation, in terms of human rights concerns, discrediting the performance of the Venezuelan State to restore order and ensure the welfare and tranquility to the people, calling it a "crackdown on students."
For constitutional lawyer Jesús Silva , "these criminals operating in known guarimbas really can not be described as students ... but there are armed groups that can be classified as terrorists, mercenaries, paramilitaries that have been paid to promote-in 18 of the 335 municipalities existing in Venezuela-events of violence."
Citizens has been unable to persue their regular activities as a "consequence of this street terrorism, and guerrilla warfare in urban areas, which have a clear connection to the party Popular Will and leaders of the far right such as Leopoldo López and María Corina Machado ".
However, the Government is obliged to restore public order and protect the life and personal integrity and citizen , so that the deployment of the national security authorities has been rational and proportionate "to contain these criminals using guayas, explosive devices, Molotov cocktails, adapters and have attacked unarmed civilians treacherous and premeditated manner. Consequently, the activity of the Venezuelan State has been framed in the Constitution and laws; and if there were some violations of human rights as some opponents have denounced it, I think there are clear demonstrations of commitment to investigate and punish these isolated cases, which are by no means the general policy of the Venezuelan state practice. "
Violation of Human Rights
The professor at the Central University of Venezuela (UCV), Jesus Silva, confirms that the protests of the past two months have been a undemocratic and unconstitutional character that besides causing 39 deaths (as of 5/15/2014: 44 people have been killed in the insurrection) and 579 injuries have affected the right to education (Articles 102 and 103) right to work (Articles 87 and 89), the right to health (Article 83), right to recreation (Article 111), environmental law (127), among others.
But the main violation of these demonstrations of political violence is the violation of Article 2 of the Constitution : Venezuela is a democratic and social state of law and justice, which holds as superior values of its legal system and its performance, life, liberty, justice, equality, solidarity, democracy, social responsibility, and in general, the preeminence of human rights ethics and political pluralism.
According to Silva says "these acts of violence and terror seek to impose a new political order through force, intimidation, threat and harm innocent people. So the guarimberos and political leaders who are somehow entrenched democratic parties in what is said, but are organizations to commit a crime, we have to say they ignore the will of the people and know the importance of democracy and popular sovereignty contained in this Article 2 where voting is recognized as the primary mechanism to resolve our differences. "
Crimes against the environment
The cutting and burning of trees, arson mountains, national parks, forests and other, contains what is called a multiple offense, criminal environmental offense , which in the doctrine of international law, is known as fourth generation right within the group of human rights.
For Silva "no doubt that this radical violent opposition, this criminal stream is overthrowing the government has lashed so cowardly and treacherous to the ecosystem . And we trust that the Missions and other programs to restore the ecological order as the Tree Mission and other government initiatives will help repair the damage caused; and especially the rejection of society to these actions must be demonstrated conclusively to follow such cases no longer happening. "
Rule of Law
Silva believes that the State's commitment to human rights is widespread evidence, because the 1999 Constitution is unique in the history of the country where the fundamental rights of Venezuelans have never been suspended, contrary to the 1961 Constitution which guarantees were suspended at least 21 times.
"The rule of law that exists today in Venezuela there has been respect for human rights, particularly from the Bolivarian Constitution of 1999 (...) which guarantees freedom of people provided that they act within the framework of the Constitution and the law. While in the past, the State was practicing the doctrine of state terror, a policy of persecution, murder, forced disappearance of persons ... "he said.
He recalled that the guarantees established in Article 2 have remained intact, "having to do with political pluralism, freedom of association, freedom to choose and be chosen , i.e. a set of civil and political rights that have been sheltered in this new era of the Republic."
Legal Basis
Constitution of the Bolivarian Republic of Venezuela
Article 55: Everyone has the right to protection by the state through the public security organs regulated by law, in situations that constitute a threat, vulnerability or risk to the physical integrity of persons, property, enjoyment of their rights and fulfill their duties.
Article 127: It is the right and duty of each generation to protect and maintain the environment for the benefit of itself and the future world. Everyone has individually and collectively to have a life and a safe, healthy and ecologically balanced environment law. The State shall protect the environment, biodiversity, genetic resources, ecological processes, national parks and natural monuments and other areas of special ecological importance. The genome of living organisms can not be patented, and the law relating to bioethical principles regulate the matter. It is a fundamental obligation of the state, with the active participation of society, to ensure that the population develops in a pollution free environment, where air, water, soil, coasts, climate, the ozone layer, the, they are specially protected species live in accordance with the law.
Article 130: Venezuelans have a duty to honor and defend the country, its symbols, cultural values, safeguard and protect the sovereignty, nationality, territorial integrity, self-determination and the interests of the Nation.
Article 324: Only the State may possess and use weapons. All that exist are manufactured or imported into the country will become the property of the Republic without compensation or process. The National Armed Forces shall be the competent authority to regulate and control, according to the respective law, the manufacture, import, export, storage, transit, recording, monitoring, inspection, trade, possession and use of other weapons, ammunition and explosives.
Penal Code
Article 283: Whoever publicly incites or by any means to another or others to commit acts contrary to law, by the mere fact of incitement shall be punished:
1. The instigation If whatever to induce them to commit crimes has been established imprisonment, to imprisonment for a third of the instigated crime.
Two. In all other cases, with fines of hundred tax units (150 UT) as the entity of fact instigated.
Article 285: Whoever incites to the disobedience of the laws or hatred among its people or makes apology for acts that the law provides for such offenses so as to endanger the peace, shall be punished with imprisonment from three years to six years.
Article 286: If two or more persons associate for the purpose of committing crimes, each shall be punished just because of the association with imprisonment from two to five years.
Article 357: Whoever put obstacles in a flow path of any means of transport, open or close the communication of these routes, make false signals or perform any other act with the purpose of preparing the danger of an accident, will be punished by imprisonment from four years to eight years.
Article 358: Any damage to railways, machines, vehicles, tools or other objects and gear for your service, shall be punished with imprisonment of three to five years.
Article 513: Whoever, without permission of the competent authority, any unloaded firearm or any burnt fireworks or explosive devices or other dangerous or uncomfortable doeth explosions in a place inhabited, in your neighborhood, or along direction a public way, shall be punished with up to two hundred tax units (200 UT) fine; and in severe cases may be imposed arrest for up to one month.
Article 537: Whoever commits cruelty to animals, mistreat or submitted without a clearly excessive work, shall be punished with fine up to one hundred tax units (100 UT). The only with a scientific or didactic purpose, but out of the places for the study or teaching, has undergone animal experiments or tests or cause annoyance to persons that witness, shall incur the same penalty.
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Now, note the actual amount of people arrested in Venezuela who are students: 40%. So the guarimbas is coming from hooded thugs and yobs who are actually being paid by the the right-wing to cause chaos. While they're not obvious paramilitaries as they lack guns, they're just as bad with other projectiles that can cause serious damage to innocents.
Even in the recent raid on the 4 student encampments by the Police and National Guard on May 8th 2014 only a small fraction of the protesters are students. Some of them where children and some were hearing disabled that were paid in food to occupy the camps. Most of the protesters were released without charge, many of them were granted police bail, while some have been referred to substance-abuse clinics for use of recreational drugs. Only 11 has been hauled before the courts to commence judicial proceedings.
Unlike Occupy Wall Street, these camps were used as cover for the real business: Insurrection.
These photos were taken exclusive by Chavista Blog LaRedoma.co.ve which you can find them here: http://www.laredoma.co.ve/2014/05/fotos-exclusivo-se-sorprendera-de-lo.html
While they were some harmless goods such as food and drinks, cell phones, radios, others were more dangerous: Drugs, Firearms including shotguns, and tear gas stolen from police and national guard, nails attached to hoses, and melee weapons such as bats, and fireworks and makeshift motors.
If it was not for the raid, the situation would have been worse.
It's clear that the Guarimba Insurrection is no ordinary campaign of civil disorder, it's political terrorism of the highest order. A campaign against the Venezuelan people, more specifically, a campaign against the Venezuelan people who have reclaimed their country from the economic privileged. And now the economic privilege have already embraced fascist tactics to this end.
The insurrection's second stage has begun and the Venezuelan Government must do whatever it takes to take down the fascist insurrection by any means legally necessary.
There's already a phrase for people of such kind and their leaders, the highest order counter-revolutionary who will use violence against their own people for exercising their Constitution rights:
Enemy of the Constitution and People
It's what they are, it's what the Venezuelan Government needs to treat them as such: Take them down, and send them to courts where they'll face justice according to law and Constitution. The best way to deal with Political Terrorism is through strict abidance to law and Constitutional order. It is the only path to peace, and it's believe it or not the Venezuelan Government is doing that for the past 90 months.
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