Venezuela: HRF Calls for Dismissal of Case Against Auto Mechanic Who Wore “Anti-Revolutionary” T-shirt

NEW YORK (April 11, 2013) – The Human Rights Foundation (HRF) calls on Venezuelan authorities to dismiss the case against Miguel Hernández, a Venezuelan auto mechanic who has been prosecuted since 2010, for wearing a t-shirt featuring Bart Simpson with the phrase “Hugo: I shit on your revolution” at a baseball game.
Today, HRF published a full legal report on his case, which concludes that Venezuela breached Article 13 of the American Convention on Human Rights (ACHR). Hernández’s case is the final case documented in HRF’s Caracas Nine campaign (www.CaracasNine.com).

“The Hernández case is a clear example of the criminalization of peaceful protest in Venezuela. The act of publicly wearing a t-shirt against Chávez’s ‘revolution’ at a baseball game has subjected Hernández to a three-year legal ordeal,” said Thor Halvorssen, president of HRF. “In a liberal democratic country, this prosecutorial nightmare would be dismissed immediately and with extreme prejudice. But Venezuelan law enforcement and judicial authorities have no independence from the executive. They are part of a well-oiled repressive machine against any expression critical of the Chavista revolution. The Hernández case is a microcosm of the state of rule of law and freedom of expression in Venezuela,” said Halvorssen.

HRF’s legal report concludes that Hernández was arrested and charged by Venezuelan authorities for the alleged crime of “offending the heads of government,” solely for exercising his right to freedom of expression. More than three years later, Hernández remains subject to criminal prosecution that could result in a prison sentence of up to two and a half years. Since February 2010, Hernández has been required to appear monthly in court as a pre-trial measure alternative to imprisonment.

“Under international law, freedom of expression encompasses the right of individuals to disseminate their opinions—including those that may be shocking, irritating, or disturbing—through the means of their choosing, in order to communicate them to the greatest possible number of people,” said Javier El-Hage, HRF’s international legal director. “Venezuela is internationally responsible for the ongoing legal proceedings against Hernández, which criminalize internationally protected speech,” El-Hage stated.

HRF’s legal report concludes that, with its actions, the State of Venezuela violated: (1) Hernández’s right to freely express opinions and ideas, even when these are offensive, shocking, or disturbing; (2) the general prohibition against the criminalization of expressions, especially those directed at public officials; (3) the prohibition against the criminalization of subjective opinions or value judgments; (4) the prohibition against the restriction of freedom of expression through the application of desacato laws; and (5) Hernandez’s right to freely disseminate his ideas or opinions through the means of dissemination of his choosing, in order to communicate them to the greatest possible number of people.

On September 10, 2012, Venezuela became the first country in Latin America to denounce the ACHR—or Pact of San José, Costa Rica—in order to circumvent the jurisdiction of both the Inter-American Commission and the Inter-American Court of Human Rights. However, in accordance with Article 78 of the ACHR, an act of denunciation does not exempt a State from its obligations regarding events prior to said denunciation—as in Hernández’s case.  “Venezuela makes a mockery of the treaties it is obliged to follow. Laws that don’t serve the short-term interests of the revolution mean nothing,” said Halvorssen.

The case of Miguel Hernández is the ninth documented by HRF’s Caracas Nine campaign (www.CaracasNine.com), a project aimed at raising international awareness about the cases of individuals who are the targets of harassment, judicial persecution, or imprisonment for expressing critical opinions or exercising human rights against the will of the Venezuelan government.

HRF protects and promotes human rights. HRF believes that all human beings are entitled to freedom of self-determination, freedom from tyranny, the rights to speak freely, to associate with those of like mind, and to leave and enter their countries. Individuals in a free society must be accorded equal treatment and due process under law, and must have the opportunity to participate in the governments of their countries; HRF’s ideals likewise find expression in the conviction that all human beings have the right to be free from arbitrary detainment or exile and from interference and coercion in matters of conscience. HRF does not support nor condone violence. HRF’s International Council is chaired by pro-democracy activist Garry Kasparov, and includes former prisoners of conscience George Ayittey, Vladimir Bukovsky, Palden Gyatso, Mutabar Tadjibaeva, Ramón J. Velásquez, Elie Wiesel, and Harry Wu.