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The Constitutional Court of the Supreme Tribunal of Justice voted unanimously to declare the Amnesty Bill unconstitutional.
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Although the high court acknowledged that the National Assembly can pass amnesty laws, it stated that this doesn't mean the parliament can violate the principles underlying the Constitution contained in articles 1, 2 and 3, which outline that amnesty laws must be based on a respect for human rights.
The court declared unconstitutional the provisions of the Law on Amnesty and National Reconciliation, based on, among other things: "inclusion of criminal offenses, including offenses of organized crime, unrelated to political offenses; the violation of constitutional principles of legality, criminality, justice and accountability in the process of drafting laws; the inclusion in the amnesty of administrative offenses that violate the protection of public assets and the fight against corruption; the violation of the constitutional principle of sovereignty; and the effects on society and the legal system, by ignoring the rights of victims."
On Thursday 31, March, Venezuela's opposition-controlled National Assembly approved the Amnesty Bill, which leftist lawmakers claim will only serve to grant immunity to convicted criminals.
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The bill covers the period beginning with the election of former President Hugo Chavez in 1999 to the present.
The legislative measure seeks to release approximately 115 incarcerated criminals, including some who participated in the coup against President Hugo Chavez in 2002, as well as many of those who both organized and participated in violent protests.
The nature of this bill is portrayed as political. However, in the list of 45 articles of the law, many have nothing to do with political crimes. The bill's scope ranges from misdemeanor charges to acts of political dissent involving explosives and firearms.
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