Within the Venezuelan Amnesty Law: who is forgiven? Since when?

Within the Venezuelan Amnesty Law: who is forgiven? Since when?

The Government of post-Maduro Venezuela has kept its word and has managed to move forward in Parliament. It has done so unanimously, clearing up doubts about the delay and the series of protests that broke out in the streets of Caracas afterwards. But it has done so by putting forward a text that does not include the expected period and that dated back to 1999.

Finally, the Venezuelan amnesty for acts or “misdemeanors committed” during different moments of political crisis dated between 2002 and 2025. For example, it includes detainees for the coup d’état against President Hugo Chávez (April 2002), during the oil strike demonstrations, also in 2002, and at the beginning of 2003, as well as the large protests held against the Chavista Government of 2013, 2017 and 2024.

Regarding its beginning of application, Delcy Rodríguez has made it clear that it must be with the “maximum speed” and has urged the entire society to support it: “I ask all of Venezuela to dedicate ourselves to this task as fundamental as one of the great virtues of our republic, which must be justice.”

A quick look at the keys to the historic standard

  • The norm has been approved unanimously in the Venezuelan Parliament.
  • The umbrella does not extend until 1999 and includes episodes of political crisis between 2002 and 2025.
  • Various exceptions have been introduced when establishing whether they are considered political prisoners or not.
  • These exceptions have sparked criticism from NGOs and relatives of prisoners.
  • President Delcy Rodríguez has opened the door to expanding prisoner coverage by demanding that a commission review cases not contemplated in the approved law.

Relatives of political prisoners in Venezuela celebrated the approval of the amnesty law that forgives cases in periods of political crisis between 2002 and 2025.EFE/ Miguel Gutiérrez

Who is ultimately affected by the amnesty? Is there a possibility of it being extended?

What was already one of the biggest points of friction when preparing this amnesty has emerged as the big surprise of the day. Article 9 of this rule establishes an important series of exceptions for certain prisoners. People convicted of crimes involving serious violations of human rights, crimes against humanity, intentional homicide, very serious injuries, drug trafficking, as well as crimes provided for in the anti-corruption law, will not be eligible for forgiveness.

It is not a strange question, if one takes into account that part of these assumptions were also expressly prohibited in similar laws, such as the one approved in Spain in relation to the trial Catalan and the repression of those who tried to materialize it.

It is not the only exception that accompanies the Venezuelan amnesty, since it leaves out of the pardon measure those who may be prosecuted or convicted for “promoting, instigating, requesting, invoking, favoring, facilitating, financing or participating in armed actions or force against the people, sovereignty and territorial integrity” of Venezuela by “States, corporations or foreign persons.”

Does this mean that the door is closed to the rest of the cases not contemplated in the approved standard? Everything indicates that no, although the previous steps must be seen to determine how far the new Venezuelan Executive can go. Delcy Rodríguez has also ratified the creation of a commission made up of 23 deputies that is entrusted or ordered to review cases that this amnesty law has not contemplated. Anyone who considers that they should be amnestied may take their case to this new body.

First releases: they order the release of Juan Pablo Guanipa, collaborator of María Corina Machado

Although, after learning that the historic norm was going forward, numerous groups of relatives of prisoners and opposition activists gathered in the streets to celebrate the measure between prayers, the truth is that orders for important releases have already been registered, with a clear protagonist: Juan Pablo Guanipa.

This is the collaborator of the leader and Nobel Peace Prize winner María Corina Machado, whose son has announced his “full freedom” on the social network

Why is it especially relevant? Because Guanipa had already been released previously, about two weeks ago, only to end up being arrested again and subjected to house arrest. The Minister of the Interior and Security, Diosdado Cabello, argued this by pointing out that he tried to “generate violence” by putting on “a political show.”

The first international reactions: Spain demands that the EU withdraw sanctions against Delcy

On the other hand, there have also already been the first reactions at the international level after learning of the approval of the Venezuelan Amnesty Law. The Government of Spain has taken the floor to announce that they will demand that the European Union end the sanctions against the Venezuelan interim president.

It was the Minister of Foreign Affairs, José Manuel Albares, who called for the measure, this morning from Barcelona: “Sanctions are never an end, they are a means to achieve ends, for this broad, peaceful and democratic dialogue to take place in Venezuela. If steps are being taken towards it, the European Union also has to take them. At the same time, I want to remember that Nicolás Maduro did not have sanctions from the European Union.”

However, there are also other indicators that point to a recovery on the international economic level. At least in one of its key legs, the International Monetary Fund (IMF). In this sense, the organization indicated that it is in a process of “gathering information” to see what is the best way to restart contacts at a technical and low-level level with the Venezuelan authorities, yes, if Caracas requires it.

The organization chaired by Christine Lagarde had paused relations with Venezuela in 2019, alleging problems of “institutional recognition.” However, the IMF has warned today that to get out of this scenario, that is, to move towards a normalization of relations, is still an immature issue and requires majority recognition by the IMF partners.

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