Perkins Rocha Conteras

VENEZUELA: Human rights lawyer Perkins Rocha Contreras jailed

29 November 2024

Perkins Rocha Contreras is legal coordinator of the Vente Venezuela party and representative of Comando Venezuela to the National Electoral Council. He is a lawyer and personal adviser to María Corina Machado (national coordinator of the Vente Venezuela party).

He is also the spokesman for the Comando Venezuela platform in connection with the denunciations of fraud that the Venezuelan opposition has been making since 28 July 2024. These denunciations had a considerable impact on Venezuelan society and the international community, drawing media attention and increasing the visibility of his public profile.

On the morning of 27 August 2024, Mr Rocha was arrested after a confrontation with hooded and allegedly armed police officers, who arrived in several vans outside the supermarket where he was shopping. Since then, he has been held in the ‘ el Helicoide ’ building owned by the Bolivarian National Intelligence Service, without access to his lawyer or his family. The circumstances of his arrest were documented by three witnesses who attested to the violence of the arrest. Perkins Rocha was dragged along the ground by his neck and violently pushed into one of the hooded men’s vehicles, after receiving multiple blows. The family also denounced an arrest made without an arrest warrant.

On the night of 27 August 2024, the lawyer’s flat was searched by unidentified persons. No search warrant was issued. Electronic equipment, books, documents, writings and computers were seized. The family considers this an ‘invasion’ and a theft, as they claim they entered with Perkins Rocha’s own keys.

On 28 August 2024, Perkins Rocha’s wife and his lawyer went to the headquarters of the Bolivarian National Intelligence Service (SEBIN) in El Helicoide, Caracas, as information had been circulating on social media about an alleged transfer of Mr Rocha to that location. SEBIN officials stated that, by superior order, as of 27 August 2024, they were forbidden to provide information on missing or detained persons held at the facility. Following this, Perkins Rocha’s wife and his lawyer went to the headquarters of the Bolivarian National Police, who told them that he was not there either. The wife said that on 29 August 2024 she would go to the Attorney General’s office and the Ombudsman’s board to denounce Perkins Rocha’s detention.

Very early on 29 August, the lawyer appointed by the Venezuelan government informed his wife by text message that Perkins Rocha was being held on charges of incitement to hatred, terrorism, treason, conspiracy and criminal association.

Perkins Rocha is currently being held incommunicado on SEBIN premises, without being able to choose a private lawyer to take part in the legal proceedings, which are being conducted by telematic means, and without having access to the trial file or reports on his state of health. These conditions of total incommunicado detention have also prevented him from receiving visits from family members or telephone calls.

The Observatory strongly condemns the arbitrary detention of lawyer Perkins Rocha Contreras and calls on the Venezuelan authorities to release him immediately and unconditionally.

The Observatory calls on the Venezuelan authorities to respect detention guarantees, in particular those that ensure the health and well-being of the lawyer Perkins Rocha Contreras.

The Observatory is very concerned about these acts of intimidation, which jeopardise the free and independent exercise of the law, as well as victims‘ effective access to justice.

Given this situation, the Observatory recalls that the independence of the legal profession is one of the main indicators of democratic health and the consolidation of the rule of law. It is also in line with the provisions of the United Nations Principles on the Role of Lawyers, in particular Principles 16, 17 and 18, which state that:

“Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; (…) „ (Principle 16)

“Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.” (Principle 17)

“Lawyers shall not be identified with their clients or their clients‘ causes as a result of discharging their functions.” (Principle 18)