Concern over Venezuela's amnesty law and its impact on political detainees

The international community is closely following the law, while organizations denounce exclusions and risks in its implementation.

Venezuela is changing its more aggressive policy toward the United States following the January 3 bombing and the capture of President Nicolás Maduro. Under the interim government of Delcy Rodriguez and Donald Trump's negotiations, an Amnesty Law is being debated for Venezuelan political prisoners who were victims of the Chavista governments.

The Independent International Fact-Finding Mission on Venezuela received with “caution” the National Assembly's initial approval of the draft Amnesty Law for Democratic Coexistence, warning that the legitimacy of the document depends on carrying out a victim-centered process from a transparent and inclusive perspective.

Alex Neve, a member of the Mission, said the law is “an opportunity to deliver justice” to those detained for political reasons and stated that the law must be fully grounded in international human rights law.

In this regard, another member of the Mission, María Eloísa Quintero, expressed concern about the limited scope of the bill because there is a risk of excluding many people persecuted for political reasons, since the law itself does not guarantee the full restoration of their rights.  

Experts point out that Venezuela's Amnesty Law must include clear mechanisms for implementation and oversight by independent bodies. It would be advisable for the legislation to involve victims and human rights organizations in order to avoid possible incompatibility with international standards. 

In 2019, through resolution 42/25, the United Nations Human Rights Council established the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela for one year to assess alleged human rights violations committed since 2014 under the administration of Nicolás Maduro. In resolution 57/36, the Human Rights Council extended the international Mission's mandate for two more years, until September 2026.

Release of detainees

In mid-February, 17 people detained for political reasons at Zona 7 in eastern Caracas were released, as pressure mounts on Delcy Rodríguez's interim government to speed up the release process.

Following the release of the detainees, the President of the National Assembly, Jorge Rodríguez, wrote on social media: “let us continue along this path toward building democratic coexistence among brothers and sisters. All united for peace!”

According to Foro Penal, a human rights NGO in Venezuela, one of those released was Gabriel Sánchez, a young man on the autism spectrum who had been detained since November 2025.

According to the organization's estimates, 644 people remain imprisoned for political reasons. However, the Chavista administration does not acknowledge that there are political prisoners in Venezuela and accuses the detainees of conspiring to destabilize the government.

Following the capture of Maduro and his wife, Cilia Flores, Venezuela was visited by representatives of the UN High Commissioner for Human Rights with the aim of exerting pressure to secure the release of people detained months or years ago for their political activities.

What is happening with the law?

Jorge Rodríguez, one of the three most important figures in the Venezuelan government, had promised that by February 13 all detainees considered political prisoners would be released from prison. However, the Amnesty Law has not yet been approved, as political differences forced its discussion to be suspended once again. In this regard, some experts point out that the latest changes to the bill make an agreement even less likely.

The full text has not yet been debated in the unicameral congress, but the ambitious scope initially under discussion appears to have been significantly reduced, leaving out more people and situations than anticipated.

Various non-governmental organizations, human rights defenders and relatives of activists noted that the most recent drafts remove the list of offenses previously considered political, such as incitement, civil disobedience, sedition or treason. This, they claim, gives greater leeway in deciding who benefits from the measure. 

The offenses excluded from the scope of the law, such as drug trafficking, corruption or offenses against public property, may also amount to “flawed reasoning,” explained Alfredo Romero, director and president of Foro Penal.

For the UN, there is still a need to put an end to all repressive mechanisms in Venezuela, as the country is far from making human rights a priority. In light of international standards, other countries must make this a demand at this key moment. 

Guillermo Whpei

President of Fundación para la Democracia