Venezuela Passes Amnesty Law, Offering Path to Reconciliation After Maduro’s Ouster
Venezuela’s National Assembly on Thursday approved an amnesty law intended to free hundreds of political prisoners and allow those living in exile to return, marking a significant step toward reconciliation following the removal of President Nicolás Maduro from power by a U.S. Military operation. The legislation grants amnesty to individuals prosecuted or convicted for political reasons dating back to 1999, the start of Hugo Chávez’s presidency.
The law’s passage, which occurred unanimously after weeks of consultation with various political and civil society sectors, was hailed by Acting Venezuelan President Delcy Rodríguez as “an extraordinary door for Venezuela to reunite, for Venezuela to learn to coexist democratically and peacefully, for Venezuela to rid itself of hatred, of intolerance, let it open up to human rights.”
While rights groups and opposition members have cautiously welcomed the law, they emphasize the need for transparency and accountability in its implementation. Some have expressed concerns that an amendment could prevent activists and opposition members currently in exile from benefiting from the amnesty.
The amnesty extends to those detained during protests in 2014, 2017, 2019, and subsequent years, encompassing opposition figures, activists, journalists, and students. However, the law explicitly excludes members of the military – approximately 174 out of an estimated 600 political prisoners still incarcerated – who have been accused of rebellion.
The legislation has been sent to President Rodríguez for signing and will take effect upon publication in the official gazette. A parliamentary commission of 23 deputies will oversee the application of the amnesty, and opposition members intend to push for a review of any excluded cases.
The approved text limits the scope of the amnesty to 13 specific periods of political and social unrest between 1999 and 2026, expanding on an initial list of 10. These include the period when the National Assembly was controlled by the opposition (2016-2021), during which the ruling party blocked its functioning and initiated investigations against opposition members, as well as events surrounding the 2023 opposition primaries and the 2024 elections, which were marked by a harsh crackdown from the government.
Individuals prosecuted for so-called “hate crimes,” such as posting critical messages about the government on social media platforms like WhatsApp, are not explicitly included in the amnesty. Non-governmental organizations and families of those affected had advocated for the repeal of such laws, but this request was not addressed.
Jorge Rodríguez, the president of the National Assembly, defended the law, stating it was “very useful” and subject to future reforms, acknowledging that it had not always been applied “appropriately” in the past.
Amendments to the law now allow those who cannot appear in court due to being abroad to be represented by a lawyer of their choosing. It also stipulates that no one can be detained after requesting amnesty. “This law is not perfect, but our interest is that political persecution ceases,” said Nora Bracho, a deputy with the opposition.
The legislation also includes provisions allowing those granted amnesty to re-enter public life, potentially restoring the political rights of many who have been persecuted or forced into exile. It also incorporates the legal principle of favoring the accused in cases of doubt, offering a potential avenue for those whose cases fall outside the specified periods to be considered.
Tribunals have been given a deadline of just 15 days to review and grant amnesty requests.
The push for the release of political prisoners has been spearheaded by families maintaining vigils outside prisons across the country. Following the release of 444 individuals in the past month and a half, an estimated 600 political prisoners remain in detention.
The amnesty law was announced by Delcy Rodríguez on January 29th, amidst ongoing releases. The move comes as the government seeks broad support for the initiative, despite its significant majority in the Assembly. Following a law opening the oil industry to private investment, the amnesty represents the second major piece of legislation approved with the backing of moderate opposition members who share space with the ruling party in the National Assembly, a body that does not currently include María Corina Machado, the opposition leader with the broadest popular support.
Families of prisoners have been holding protests, including a hunger strike initiated last week by a woman at the Zona 7 detention center in Caracas, demanding the fulfillment of promises made regarding the release of their loved ones. It was at Zona 7 that Jorge Rodríguez initially discussed the law, promising a swift approval and the release of all prisoners – a promise that has fueled the families’ recent demands.
Gonzalo Himiob, vice president of the NGO Foro Penal, acknowledged the law’s limitations, stating, “We would all like things to be different and the scenarios more favorable… but one of the lessons we must learn is that sometimes we build with what we have, not with what we want.” He emphasized that the amnesty is a legal mechanism to achieve freedom, “an important step, but not the last,” and that true freedom will come when the “apparatus and culture of political repression” are dismantled.
