Aguiar explained that Member States of the Statute of the International Criminal Court must enforce the judgment (Handout Photo: Notitarde)

A complaint brought against Venezuela's President Hugo Chávez at the International Criminal Court and another complaint against the Bolivarian Republic of Venezuela at the Inter-American Commission on Human Rights has legal effects, as opposed to what some experts purport. This is what Asdrúbal Aguiar, former judge at the Inter-American Court of Human Rights, thinks.

Everything depends on the contents of the materials submitted to the Commission and the Court. "I reckon that when outgoing Colombia's President Álvaro Uribe lodged that complaint, he had some objective, verifiable facts."

Are the Criminal Court and the Inter-American Commission international political bodies?
No, they are not political bodies, such as the Organization of American States (OAS) Permanent Council, where they try to take a different way according to the likings of the majorities or minorities. These are two autonomous, independent organizations which act based on certain, verifiable facts. As for the Inter-American Commission, it should also have significance and importance.

What are the legal consequences of these actions at the Criminal Court and the Inter-American Commission?
It could be twofold. In the case of the Inter-American Commission on Human Rights, it could turn out to be a declaration of the international accountability of the Venezuelan State for internationally unlawful facts.

As for the International Criminal Court, it could turn out to be individual accountability in the person of Hugo Chávez.

These are slow, protracted and effective processes; therefore, anybody thinking that the complaint will have no legal effects is wrong.

It is worthwhile mentioning that in the case of the Inter American Commission on Human Rights, there are already a number of very negative reports on Venezuela, such as the report of December 2008, on democracy and human rights in Venezuela.

In the case of the International Criminal Court, it should be taken into consideration that it is not the first complaint brought to Prosecutor Luis Moreno Ocampo with regard to Hugo Chávez. There is the case of two victims of April 11 and the case filed by (expert in constitutional matters) Hermann Escarrá.

Also, there is the need to see what will happen to a complaint at the Spanish National Court due to the ETA-FARC relationship with Venezuela, because the Court could be let to take action or the case could be removed by means of connection and tied to the initiative to be taken by the International Criminal Court.

Could the complaint at the International Criminal Court result in prison for President Chávez?
The legal effect of individual criminal accountability is imprisonment, even life imprisonment, for the president.

The International Criminal Court would rather courts of national jurisdiction to try the cases. In the event that they fail to prosecute or unduly prosecute or intend to pardon the individuals responsible for an international crime, the Criminal Court may take the case under its jurisdiction.

What are the stages to be completed in the complaint?
Court Prosecutor Luis Moreno Ocampo could act on his own account; review the accuracy of the received information. He could also collect information from the States, both Venezuela and Colombia, and inter-government organizations.

If the prosecutor concludes that there are enough elements to conduct an investigation, he/she submits the case at the Court of Preliminary Matters and requests authorization so that, along with the collected documents, the proceeding can commence.

If the Court considers that there are enough elements, it automatically starts a formal investigation with the Criminal Court in full.

How long will take the preliminary investigation?
It is hard to tell the number of days or months, because it depends on available elements. Even if no enough elements are found, the proceeding will not stop, but they can ask the prosecutor for additional elements, knowing that there is a fact labeled as international crime.

They can even ask President Hugo Chávez to appear in court to testify. He could do it through oral or written testimony.

What is important now is the preliminary examination, because the Court has to ascertain whether the elements collected by the prosecutor have enough grounds and are under the Court jurisdiction.

Source: ElUniversal.com