While direct references to the profile or activities of organized crime were scarce among the source consulted by the Research Directorate, the following material provides some information about criminal gang activity, statistics on crime and the obstacles that hinder the states' effort to combat crime.

Sources reported that a significant number of killings recorded by police were the result of criminal gangs settling scores or getting in shootouts with the police (Freedom in the World 2001-2002 10 July 2002; IPS 17 Mar. 2003). According to Freedom in the World 2001-2002, many murders were blamed on a "narcotics-fuelled crime wave" that swept across the country's major cities (10 July 2002). Reporting on statistics from the five states with the highest homicide rates, El Universal noted that Carabobo state (within proximity of Caracas) recorded the highest numbers of crimes committed as well as the most criminals killed by the authorities: across the state there were 627 persons killed and 182 criminal gangs "eliminated in confrontations" (27 July 2003). IPS also reported that the proliferation of shootouts between police and criminal gangs has resulted in an increase in the killing of innocent bystanders by stray bullets (17 Mar. 2003).

Referring to studies produced by the Pan-American Health Organization (PAHO), the Andean Commission of Jurists (Comision Andina de Juristas, CAJPE) reported that Venezuela ranked as one of the top three countries for Latin America in recorded crime rates and weak law enforcement policy (20 Mar. 2003). According to an Inter-American Development Bank (IADB) study, with a homicide rate of 33 per 100,000 inhabitants, Venezuela ranked sixth in Latin America for violent crime (El Universal 22 Oct. 2003). An IPS news article translated the homicide rate into actual number of deaths by noting that the number of homicides reported had risen to 9,240 in 2002, an increase from the 7,960 reported in 2001 and the 8,022 in 2000 (17 Mar. 2003). To compare with past statistics, from 1990 to 2000 about 23,000 Venezuelans reportedly died from violent crime, while figures from 1999 to 2003 noted that approximately 43,000 persons had been killed (El Universal 22 Oct. 2003). For 2003, an article from the Venezuelan daily El Universal reported that the country is on pace-with a daily average of 37 persons murdered-to surpass the total number of people killed in 2002 (27 July 2003).

Statistics reported by Associated Press (AP) showed that the 2002 national crime rate had increased by more than 30 per cent from the previous year (11 Feb. 2003). In addition to an escalation in homicides, security analyst Franklin Chaparro, analyzing the figures for the AP, pointed out that there has also been an upsurge in vehicular theft, kidnapping and assault (AP 11 Feb. 2003). American and Canadian government travel advisories have reported significant increases in offences such as conventional and what the American consular affairs office calls (US 7 Aug. 2003) "express" kidnapping (the victim is either held briefly for a quick ransom or is ordered to withdraw funds from a bank machine), carjacking and armed robbery (ibid.; Canada 21 Oct.. 2003). An August 2003 article in the Venezuelan daily El Nacional noted that kidnapping had jumped from 57 known cases in 2000 to 113 in 2001 and 200 in 2002 (4 Aug. 2003). Although kidnapping figures from an Agence France Presse (AFP) report, were slightly different-68 in 2000, 102 in 2001 and 188 in 2002-an upward trend was still apparent (17 Jan. 2003).

While the states of Aragua, Zulia, Bolivar, Miranda and Carabobo have reported high levels of criminality in comparison with the 19 states in the country, the Capital District of Caracas is apparently the most crime-ridden area in Venezuela (El Universal 27 July 2003). With about 2,000 murders reported in 2002, the homicide rate in Caracas is three times the national rate of 33 per 100,000 and it exceeds the average number of persons killed every year in Washington, DC, another capital city known for its high murder rate (IPS 17 Mar. 2003). Crediting Caracas with a homicide rate of 133 per 100,000 persons, an IADB study states that only Medellin, Colombia (245 homicides per 100,000 inhabitants), and Recife, Brazil (158 homicides per 100,000), are more violent than Caracas (El Universal 22 Oct. 2003).

Efforts by authorities to combat crime and criminal activities in Caracas have been hampered by a number of obstacles; namely, a lack of funding and police personnel (New York Times 21 Apr. 2001), confrontations between pro and anti-government supporters that are pitting the municipal police against the government of President Hugo Chavez (AP 22 Sept. 2002; Christian Science Monitor 25 Nov. 2002; Knight Ridder 14 Jan. 2003). Conditions across the country that impede crime fighting efforts include political instability, violence committed by state security forces, impunity (AI 2003; HRW 2003; El Universal 18 May 2003; Freedom in the World 2003 17 July 2003) and the emergence of death squads (AFP 30 Jan. 2002; AP 17 Sept. 2002; Country Reports 2002 31 Mar. 2003, Sec. 1a).

In an April 2001 article, former New York city police commissioner William J. Bratton, in Caracas to share his crime fighting expertise, stated that the growth of Caracas had exceeded the capacity of its police force (New York Times 21 Apr. 2001). Bratton also noted that

Caracas's six police forces have a combined strength of only 11,000 to keep order in a city of five million people, compared with about 40,000 police officers for New York City, which has about eight million residents. The police here are also burdened with weak antinarcotics, internal affairs and investigative divisions, all of which ... need to be reinforced and coordinated (ibid.).

The country's internal political struggles have also been blamed for exacerbating the crime situation. In an AP article of 22 September 2002, armed Chavez supporters reportedly attacked Caracas metropolitan police in early August, a confrontation which left three officers and four civilians injured. Greater Caracas Mayor Alfredo Pena accused Chavez supporters of creating "an urban guerrilla movement in a city already rife with crime" (AP 22 Sept. 2002). According to a November 2002 Christian Science Monitor article, Chavez ordered the military to seize all police stations in Caracas in an effort to control what he called an "increasingly politicized" municipal constabulary (25 Nov. 2002). Chavez accused the police of working for the opposition and of using excessive force against pro-government demonstrators (Christian Science Monitor 25 Nov. 2002). Meanwhile, the military restricted the use of weapons and communications systems, forcing police to work at a reduced capacity (ibid.). In a January 2003 article, the San Jose-based communications company Knight Ridder reported that Chavez ignored a direct order from the Supreme Court to return control of the Caracas metropolitan police to municipal authorities (14 Jan. 2003). Charging the police with having become a part of the political opposition, the Chavez government instead ordered the military to seize all automatic weapons and riot gear from the police (Knight Ridder 14 Jan. 2003). Consequently, Caracas mayor Pena stated that the police would "cease patrols in crime-ridden neighbourhoods and at banks, embassies and subways in what is already one of the most dangerous cities in the hemisphere" (ibid.). An AP article of 7 October 2003 reported that the Supreme Court re-issued an order to the government to halt military control of the police. Although the Supreme Court gave the government three days to abide by its demand, it did not specify the consequences for non-compliance (AP 7 Oct. 2003). No further information about the outcome of this latest order could be found among the sources consulted by the Research Directorate.

In a February 2003 AP article, the police coordinator of the Interior and Justice Ministry, Dani de Jesus Azuaje acknowledged that there was an increase in criminality; however, he also stated that the government was aware of the problem and was taking steps to remedy the situation (11 Feb. 2003). Security analyst Franklin Chaparro countered Azuaje's statement by noting that the November 2002 military intervention instigated by Chavez against the metropolitan police of Caracas was a key factor in the rise of criminality in that city (AP 11 Feb. 2003). Further, Carlos Correa of the Venezuelan human rights group PROVEA argued that the surge in crime was related to the state's failure to take steps towards developing new laws and policies that would reinforce its security forces (IPS 17 Mar. 2003). For example, while the country boasts 71 municipal and 24 state police forces, IPS reported that Venezuela does not have a national police force "because a bill creating such a body has been put on hold" (17 Mar. 2003).

According to the International Narcotics Control Strategy Report, despite cooperation between Venezuelan and United States law enforcement agencies in combating drug trafficking, the country's political turmoil has diverted the Governments' attention from addressing important anti-drug crime initiatives (Mar. 2003). For instance, political tensions between the government and the opposition have impeded the progress of the Organized Crime Bill, legislation that would provide law enforcement

with a full array of tools needed to combat effectively narcotics trafficking organizations and organized crime, including authorization for use of undercover agents and controlled deliveries, an expanded scope of criminal money laundering (currently limited to proceeds of narcotics trafficking), establishment of the concept of conspiracy, and enhanced and streamlined asset forfeiture (International Narcotics Control Strategy Report Mar. 2003).

With regards to violence by state authorities and impunity, sources reported that state security agents have been accused of a number of human rights abuses (AI 2003; HRW 2003; El Universal 18 May 2003; Freedom in the World 2003 17 July 2003). Between 1999 and 2003, the Venezuelan human rights organization Justice and Peace Support Network recorded 108 cases of torture and inhuman and degrading treatment by officers from a wide range of state security forces (El Universal 18 May 2003). The Network's general coordinator, Alfredo Ruiz, noted that the perpetrators of such abuse are not punished because, "in cases ... that do not produce serious injury, there is no legal framework to take administrative, disciplinary, and criminal sanctions against those responsible" (ibid.).

Another situation that has undermined efforts by authorities to uphold the rule of law has been the emergence of death squads. Widely suspected of being composed of members of state security forces, death squads have carried out a number of extrajudicial executions of alleged criminals (AFP 30 Jan. 2002; AP 17 Sept. 2002; Country Reports 2002 31 Mar. 2003, Sec. 1a). In a 17 September 2002 AP article, the Venezuelan human rights group COFAVIC stated that these "extermination squads" are present in seven states and have killed 28 persons from January to August 2002. Sources also noted that efforts by authorities to investigate these killings have been slow or non-existent and that if suspects are arrested, they are rarely prosecuted (AP 17 Sept. 2002; Country Reports 2002 31 Mar. 2003, Sec. 1a).

Please refer to VEN40417.E and VEN40454.E of 24 January 2003 about kidnapping, extortion in rural and urban areas and whether state protection exists for victims of these crimes, as well as VEN41002.E of 25 February 2003 on the status of land reform and the availability of state protection for threatened landowners. In addition, see the country report prepared in 2002 for inclusion in the 2003 edition of the World Factbook of Criminal Justice Systems for an overview of criminal law, legal recourse, security forces and the judiciary in Venezuela, which is available online at http://www.ojp.usdoj.gov/bjs/pub/ascii/wfcjsvz.txt.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Agence France Presse (AFP). 17 January 2003. "Pas de grève pour le crime: 150 enlèvements en 2002." (AFP Mail topic@alcl.par.afp.com) [Accessed 17 Jan. 2003]

____. 30 January 2002. "Fifteen New 'Death Squad' Murders Under Investigation in Venezuela." (NEXIS)

Amnesty International (AI). 2003. "Venezuela." Amnesty International Report 2003. http://web.amnesty.org/report2003/ven-summary-eng [Accessed 30 Oct. 2003]

Associated Press (AP). 7 October 2003. "Venezuelan Supreme Court Gives Government Three Days to End." (Dialog)

____. 11 February 2003. "Crece criminalidad." http://www.venezuelalibre.net/noticias600.20030211.html [Accessed 30 Oct. 2003]

____. 22 September 2002. Alexandra Olson. "Caracas Police Become Latest Target of Political Violence in Venezuela." (NEXIS)

____. 17 September 2002. "Venezuelan Rights Group Denounces Assassination Squads in Seven Regional Police Forces." (NEXIS)

Canada. 21 October 2003. Department of Foreign Affairs and International Trade (DFAIT), Consular Affairs Bureau. "Travel Report: Venezuela." http://www.voyage.gc.ca/dest/report-en.asp?country=313000 [Accessed 27 Oct. 2003]

Christian Science Monitor [Boston]. 25 November 2002. Phil Gunson. "Venezuela's Political Crisis Pits Soldiers Against Police." (NEXIS)

Comision Andina de Juristas (CAJPE). 20 March 2003. Cronologia Andina. "Venezuela." http://www.cajpe.org.pe/cronolog/marve7.htm [Accessed 10 July 2003]

Country Reports on Human Rights Practices for 2002. 31 March 2003. "Venezuela." US Department of State. Washington, DC. http://www.state.gov/g/drl/rls/hrrpt/2002/18348pf.htm [Accessed 9 July 2003]

Freedom in the World 2003: The Annual Survey of Political Rights and Civil Liberties. 17 July 2003. "Venezuela." Edited by Adrian Karatnycky et al. New York: Fredom House. http://www.freedomhouse.org/research/freeworld/2003/countryratings/venezuela.htm [Accessed 3 Oct. 2003]

Freedom in the World 2001-2002: The Annual Survey of Political Rights and Civil Liberties. 10 July 2002. "Venezuela." Edited by Adrian Karatnycky et al. New York: Freedom House. http://www.freedomhouse.org/research/freeworld/2002/countryratings/venezuela2.htm [Accessed 9 July 2003]

Human Rights Watch (HRW). 2003. Human Rights Watch World Report 2003. http://www.hrw.org/wr2k3/americas10.html [Accessed 4 Nov. 2003]

International Narcotics Control Strategy Report 2002. March 2003. "Venezuela." U.S. Department of State. Washington DC. http://www.state.gov/g/inl/rls/nrcrpt/2002/html/17944pf.htm [Accessed 27 Oct. 2003]

Inter Press Service (IPS). 17 March 2003. Humberto Marquez. "Venezuela: 'Weekend Bullets' Death Toll Tops 800." (NEXIS)

Knight Ridder. 14 January 2003. Frances Robles. "Venezuela Troops Seize Police Weapons." http://www.bayarea.com/mld/bayarea/news/4947748.htm?template=contentModules/printstory.jsp [Accessed 27 Oct. 2003]

El Nacional [Caracas]. 4 August 2003. Marcos Tarre Briceno. "Report Contends Chavez Regime's 'Policy' Led to Kidnapping Boom." (FBIS-LAT-2003-0804 6 Aug. 2003/Dialog)

New York Times. 21 April 2001. Larry Rohter. "Caracas Journal: A Veteran Cop on a Tough New Beat." (NEXIS)

United States. 7 August 2003. Department of State, Bureau of Consular Affairs.

"Consular Information Sheet: Venezuela." http://travel.state.gov/venezuela.html [Accessed 27 Oct. 2003]

El Universal [Caracas]. 22 October 2003. Pedro Garcia Otero. "Caracas se consume en violencia." http://www.eluniversal.com/2003/10/22/22276A.shtml [Accessed 5 Nov. 2003]

____. 27 July 2003. Gustavo Rodriguez. "Venezuela: Report Notes Violent Deaths Soar During Bolivarian Revolution." (FBIS-LAT-2003-0729 30 July 2003/Dialog)

____. 18 May 2003. Alejandra M. Hernandez F. "Venezuelan Rights Group Reports on 'Institutionalized Violence' Under Chavez." (FBIS-LAT-2003-0518 21 May 2003/Dialog)

Additional Sources Consulted

IRB databases

World News Connection/Dialog

Internet sites:

Comite de Familiares de las Víctimas del 27 de Febrero (COFAVIC)

Interpol, International Crime Statistics (1998-2000)

Programa Venezolano de Educacion-Accion en Derechos Humanos (PROVEA)

SeguRed.com

United Nations Office on Drugs and Crime, Survey on Crime Trends (1998-2000)

Venezuela, Cuerpos de Investigaciones Cientificas, Penales y Criminalisticas (CICPC)

Venezuela, Ministerio del Interior y Justicia

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