Juvenile Laws at Venezuela
Venezuela's juvenile justice system is governed by the Organic Law for the Protection of Children and Adolescents (LOPNA), enacted in 1998 to align with the principles of the United Nations Convention on the Rights of the Child, which Venezuela ratified in 1990.
Key Provisions of LOPNA:
Age of Criminal Responsibility: Individuals aged 12 to 18 at the time of committing an offense are considered adolescents under LOPNA and are held criminally responsible.
Detention Facilities: Adolescents are detained in specialized facilities separate from adults. As of 2007, facilities in the Caracas Metropolitan Area included:
| Centre | Capacity (Boys) | Capacity (Girls) |
|---|---|---|
| Carolina Uslar | 28 | 0 |
| José Gregorio Hernández | 0 | 20 |
| Ciudad Caracas | 60 | 0 |
| Coche | 34 | 0 |
| Total | 122 | 20 |
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Sentencing Options: For adolescents, sanctions range from warnings and community service to probation and detention. Detention is reserved for serious offenses and habitual offenders, with durations varying by age:
Ages 12-13: Minimum of 6 months, maximum of 2 years.
Ages 14-17: Minimum of 1 year, maximum of 5 years.
Separation from Adults: Adolescents are legally required to be held separately from adults in detention facilities. However, reports indicate that this separation is not always maintained, with instances of juveniles being held with adults, particularly in facilities like La Planta in Caracas.
Recent Concerns:
In recent years, there have been significant concerns regarding the treatment of minors within the Venezuelan justice system:
Political Arrests: Following the disputed presidential election in July 2024, numerous individuals, including minors, were detained during protests. These minors faced charges such as terrorism and incitement to hatred, with potential sentences ranging from 10 to 30 years.
Detention Conditions: Reports highlight that minors are often held in facilities without adequate medical care, facing poor hygiene and limited access to education and recreational activities.
International Observations:
The Inter-American Commission on Human Rights (IACHR) has expressed concerns about the conditions of juvenile detention in Venezuela, noting issues such as inadequate medical care, overcrowding, and insufficient access to education and rehabilitation programs.
Conclusion:
While Venezuela's legal framework for juvenile justice, established under LOPNA, sets out progressive measures for the protection and rehabilitation of minors, the practical implementation of these laws faces significant challenges. Issues such as inadequate detention conditions, occasional mixing of juveniles with adults, and the politicization of arrests underscore the need for comprehensive reforms to ensure that the rights and well-being of minors within the justice system are upheld.
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