17
51.
That same day, the commanders of the Armed Forces declared that they repudiated the
authority of the President of the Republic, Hugo Chávez Frías (hereinafter “President Chávez”)
and, the following day, General Lucas Rincón advised the population that “the President of the
Republic has been asked to resign from office, and he has accepted this.”50 The sector of the
Army that had spoken out against the President of the Republic, together with a group of
civilians, constituted the group calling itself the “Government of Democratic Transition and
National Unity.”51
52.
In the early morning hours of April 12, 2002, Mr. Carmona Estanga “announced the
dissolution of the public powers and the establishment of a “government of democratic
transition,’ among other measures,”52 reading the so-called “Carmona Decree.” This decree
established the following, among other matters:
1. A government of democratic transition and national unity is constituted. Pedro Carmona Estanga […]
is appointed President of the Republic of Venezuela, and, in this act and immediately, he becomes the
Head of State […]. The President of the Republic with the Council of Ministers is authorized to issue the
acts with general effects that may be necessary to ensure execution of this decree […].
2.
The name of the Republic of Venezuela is re-established […].
3.
The members of the National Assembly and their substitutes are suspended from their duties […].
7. The President of the Republic with the Council of Minister may remove and provisionally appoint the
heads of the organs of the municipal, state and national public powers to ensure the democratic
institutional framework […].
8. The reorganization of the public Powers is decreed, […] and, to this end, the president and the other
justices of the Supreme Court of Justice, the Prosecutor General of the Republic, the Comptroller General
of the Republic, the Ombudsman, and the members of the National Electoral Council are dismissed from
the posts they have held illegally. […]
53. On April 14, 2002, “Hugo Chávez was reinstated as President of the Republic.”53 The
events that took place on April 12 and 13, 2002, were considered by the Permanent Council
and the General Assembly of the Organization of American States as an “abrupt interruption of
the democratic and constitutional order [in Venezuela].”54 As soon as the coup d’état occurred,
the Group of Rio55 “condemned the alteration of the constitutional order in Venezuela, [… arising
from an] excessive polarization,” and, therefore, requested that a special session of the OAS
Permanent Council be convened pursuant to Article 20 of the Democratic Charter. 56
Subsequently, in Resolution 811 (1315/02) the OAS Permanent Council, in application of Article
20 of the Democratic Charter, condemned the alteration of the constitutional order in Venezuela
and decided to send a fact-finding mission headed by the Secretary General to investigate the
Cf. Case of Brewer Carías v. Venezuela, para. 37 and IACHR. Report on the situation of human rights in
Venezuela 2003, OEA/Ser.L/V/II.118. Doc. 4 rev.1, October 24, 2003, para. 85.
50
IACHR. Report on the situation of human rights in Venezuela 2003, OEA/Ser.L/V/II.118. Doc. 4 rev.1, October
24, 2003, para. 86.
51
Cf. Case of Brewer Carías v. Venezuela, para. 39. IACHR. Report on the situation of human rights in Venezuela
2003, OEA/Ser.L/V/II.118. Doc. 4 rev.1, October 24, 2003, para. 86.
52
Cf. Case of Brewer Carías v. Venezuela, para. 40 and IACHR. Report on the situation of human rights in
Venezuela 2003, OEA/Ser.L/V/II.118. Doc. 4 rev.1, October 24, 2003, para. 87.
53
OEA. Report of the Permanent Mission of Venezuela to the Permanent Council, The Current Situation in
Venezuela, OEA/SerP. CP/doc.3616/02. May 28, 2002 Available at: http://www.oas.org/xxxiiga/english/docs_en/
docs_items/cpdoc3616_02.htm.
54
The “Rio Group” was a permanent political consultation and concertation mechanism created in 1986 by most
of the States of Latin America and the Caribbean.
55
Report of the OAS Secretary General pursuant to Resolution CP/RES.811 (1315/02). Situation in Venezuela.
http://www.oas.org/XXXIIGA/english/docs_en/report_venezuela.htm.
56