Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada

1. Overview

According to the Political Handbook of the World 2022-2023, PJ began as a civil organization formed in 1992 to "promote legal reform" (Political Handbook of the World 2023, 28-29). Sources report that the organization became a political party in 2000 (Caracas Chronicles 2022-01-13; Political Handbook of the World 2023, 28-29). Sources identify Henrique Capriles as founder of the party (Wilson Center 2023-08-09; Professor 2024-02-28). Sources report that María Beatriz Martínez was elected as the new leader of the party during internal elections held on 24 September 2022 (Efecto Cocuyo 2022-09-25; Crónica Uno 2022-09-24).

2. Treatment of Party Members by the Authorities

In correspondence with the Research Directorate, a professor of political science at Universidad Metropolitana in Venezuela, whose research focuses on the evolution of political structures in Venezuela, stated that "many opposition parties in Venezuela have suffered from official disenfranchisement and persecution in recent years," commonly displayed in the form of "harassment," "physical attacks" on party members and supporters in public events, and "attacks on local party headquarters" (Professor 2024-02-28).

2.1 Incidents

Agencia EFE (EFE), a Spanish-language news agency based in Madrid, reports that Henrique Capriles indicated that there had been six "attacks" against him and members of his party during his 2023 campaign events in the states of Miranda (on May 29 and June 15), Carabobo (June 2), Aragua (June 7), Anzoátegui (June 14), and Delta Amacuro (August 10) (EFE 2023-08-10).

Media sources report that members of the PJ party were [translation] "attacked" by "colectivos" on 15 August 2023 during a campaign event in the state of Apure (Infobae 2023-08-15; TalCual 2023-08-15). In a video posted on his X account [formerly Twitter], Henrique Capriles declared that the attack was perpetrated by individuals [translation] "clearly identified" as being members of the United Socialist Party of Venezuela (Partido Socialista Unido de Venezuela, PSUV), the governing party in Venezuela (Capriles 2023-08-15). In the same video, Capriles stated that the attackers damaged some chairs and speakers, burned the PJ's flag, and [translation] "hit" the people present and "attacked women" (Capriles 2023-08-15). Capriles tweeted a day later that 39 people had been injured by these [translation] "'peace' groups … who are openly affiliated with the PSUV" (Capriles 2023-08-16).

An article by Acceso a la Justicia, an [translation] "independent" non-profit civil association that monitors the judicial system in Venezuela (Acceso a la Justicia n.d.), states that a member of the PJ party and a city councillor in Caracas was [translation] "arbitrarily detained" on 5 October 2018 at the Maiquetía International Airport in Vargas State after attending the 73rd session of the General Assembly of the United Nations (UN) held in New York (Acceso a la Justicia 2022-06-28). According to the same source, he was detained by agents of the Bolivarian National Intelligence Service (Servicio Bolivariano de Inteligencia Nacional, SEBIN) on charges related to the August 2018 attempted assassination of Nicolas Maduro, and he [translation] "remained missing for almost 48 hours" (Acceso a la Justicia 2022-06-28). Sources report that government authorities declared the councillor committed suicide while in custody of SEBIN on 8 October 2018 (BBC 2018-10-10; UN 2020-09-15, para. 275). The 2022 UN Human Rights Council fact-finding mission report on Venezuela states:

On 3 December 2021, two SEBIN agents were found responsible for manslaughter, breach of custodial regulations, criminal association, and aggravated aiding and abetting of escape in relation to the death of former councillor Fernando Albán on 8 August 2018 while in custody. The agents were sentenced to five years and ten months of imprisonment. The sentence was reduced to two years and eight months in February 2022. The victim's relatives maintain that the evidence did not support the cause of death by suicide, and that the investigation overlooked possible signs of torture or ill-treatment, and superior responsibility. (UN 2022-06-23, para. 32)

According to the Professor, Juan Requesens, a PJ member of the Venezuelan National Assembly, was "detained, tortured, jailed, and put under house arrest until late 2023" (2024-02-28). An article by Acceso a la Justicia states that despite having parliamentary immunity, this former PJ deputy was held from 7 August 2018 without a court order and "in a violent manner" on charges related to the August 2018 attempted assassination of Nicolas Maduro and was released on 18 October 2023 as part of negotiations between the US and the Venezuelan government (2023-10-18).

3. Structure and Leadership

The Professor stated that PJ has "traditionally been structured as a political party with a strong federal model, with a National Political Committee, as well as Regional and Municipal Committees across the country" (2024-02-28). According to PJ's party statutes, there are three main bodies at the national level: the National Congress, the National Political Committee, and the National Board of Directors (PJ 2022-04, Art. 15, 17, 19). The party statutes provide the following information concerning the mandates, roles, composition, and electoral procedures of each body:

[translation]

Article 15. The National Congress is the highest ideological body of the party which shall be made up of all the members duly registered with MPJ. It shall be convened by the National Board of Directors and chaired by the National President of the party. A discussion leader may be appointed from among its members. The minimum quorum for constitution will be seventy-five (75%) per cent of the structures of the national, state, municipal and parish Political Committees and Boards of Directors.

…

Article 17. The National Political Committee is the body responsible for establishing and issuing the policy guidelines that the Party will develop in the national territory. It shall be made up of elected members and ex officio members.

The following are elected members who shall hold office for five (5) years:

…

Article 19. The National Board of Directors is the highest body of leadership and direction of the party at the national level, as well as for executing the guidelines of the National Political Committee. It shall be elected by the National Political Committee, from among its members, and shall be composed of thirty-two (32) permanent members with the right to speak and vote, who shall serve for five (5) years:

1. The National President, who shall preside over it;
2. The Deputy President;
3. The National Vice President of Political Affairs;
4. The National Organizational Vice President [Vicepresidente Nacional de Organización];
5. The National Vice President of Strategy, Communications and International Relations;
6. The National Vice President of Training and Programs;
7. The National Vice President of New Generations;
8. The Coordinator of the National Board of Directors;
9. The Coordinator of Public Management [Coordinador de Gestión Pública];
10. The Coordinator of Parliamentary Affairs;
11. The Coordinator of Municipal Legislative Affairs;
12. Twenty-one (21) Political Coordinators. (PJ 2022-04, Art. 15, 17, 19)

4. Leadership

According to the Professor, the PJ's most recent internal elections occurred in 2022, and its National Political Committee "remade" its executive structure for daily operation, switching from the nine secretariats "Organisation, Justice in the Street (grassroots' mobilisation), International Affairs, Youth, Civil (civil society engagement), Workers, Municipal, Doctrine, and Special Affairs ([disabled] citizens)" to five "sectional vice presidencies," namely, "Political Affairs, Organisation, Strategy and Communications, Formation and Programs, and New Generations," to "streamline its organisation" (2024-02-28).

According to sources, the National Political Committee swore in María Beatriz Martínez as the party's new leader in internal elections held on 24 September 2022 (Efecto Cocuyo 2022-09-25; Crónica Uno 2022-09-24). The same sources report that on the same day the following appointments were made:

• Richard Mardo, deputy president [presidente adjunto]
• Julio Borges, vice president of [strategy, communication and international relations]
• Tomás Guanipa, vice president of political affairs
• Edinson Ferrer, organisational vice president [Vicepresidente de Organización]
• Paola Bautista de Alemán, vice president of [training and programs]
• Juan Requesens, vice president of new generations (Efecto Cocuyo 2022-09-25; Crónica Uno 2022-09-24; Professor 2024-02-28).

Reporting on the new board of directors, Efecto Cocuyo, a Venezuelan news source, provides the following list of individuals who, among others, are part of the board of directors:

• Henrique Capriles
• Juan Miguel Matheus
• Alfonso Marquina
• José Manuel Olivares
• Marialbert Barrios
• Elimar Díaz
• Yajaira Castro
• Pablo Pérez (2022-09-25).

PJ’s website lists the following members as part of its leadership:

[translation]

• Carlos G Arocha, national organizational secretary
• Julio Borges, national coordinator
• Tomás Guanipa, secretary general
• Gustavo Marcano, deputy national coordinator
• Richard Mardo, deputy secretary general, Aragua State coordinator
• Carlos García, Alto Apure State coordinator
• Fredys Esqueda, Amazonas State coordinator
• Richard Arteaga, Anzoátegui State coordinator
• Wilson Gallardo, Apure State coordinator
• Pedro Castillo, Barinas State coordinator (Primero Justicia n.d.).

5. Membership Procedure

When asked about the requirements and processes for one to be admitted as a member of the party, representatives of the party's executive leadership, in correspondence with the Research Directorate, stated that aspiring members should [translation] "believe in our values and principles, express the will to be a member before a municipal board of directors," and be registered in the party's Electoral Organization and Registration System (Sistema de Organización y Registro Electoral, SORE) by filling out a form with their personal details, such as address and profession (PJ Representative a 2024-02-14; PJ Representative b 2024-02-20). In correspondence with the Research Directorate, the second PJ representative consulted explained that SORE is the party's database (PJ Representative b 2024-02-20).

The 2022 PJ party statutes state that individuals [translation] "can be admitted as a member without discrimination on the basis of religion, race, sex or social status," if they:

1. Are Venezuelan.
2. Hold legal voting status.
3. Identify with the doctrinal values and objectives of MPJ.
4. Do not belong to another political party.
5. Have not been expelled from any party's membership for acts against public morality, nor have been convicted to serve a final and definitive sentence for crimes against persons, property or public property, excluding criminal negligence.
6. Declare voluntarily and in writing to the competent authorities of the party, their desire to belong to MPJ, through the registration systems established for this purpose. (PJ 2022-04, Art. 7)

The party statutes further state that

[translation]

[t]he authorities with jurisdiction over the registration of members will have a period of thirty (30) consecutive days from the date of the request to reject it. Once this period has expired without rejection, the member will be deemed to have been accepted within the National Registry of Members and Supporters [Registro Nacional de Militantes y Simpatizantes] of the Organization and Electoral Registry System (SORE). In the case of rejection, the decision will be explained and the interested party will be informed so that he/she may file a request for reconsideration, which must be presented within three (3) working days following the notification. There shall be no appeal against the decision of the request for reconsideration. (PJ 2022-04, Art. 7)

6. Membership Cards, Including Content, Appearance, and Issuing Authority

The first PJ representative consulted stated that up until 2021 the party would issue membership ID cards (carnets) but, as of 2022, started to provide letters of member registration (cartas de constancia de militancia) which indicate the details of the member, their rank, and their region (PJ Representative a 2024-02-14). The same representative added that the party is working on reinstating physical cards [translation] "in the coming months" (PJ Representative a 2024-02-14). The second PJ representative cited system updates and financial reasons for the switch from cards to letters (PJ Representative b 2024-02-20).

When asked about who holds the issuing authority for member registration letters, the first PJ representative stated that this responsibility rests with the party's organizational vice president but also indicated some letters may be signed by regional officials (PJ Representative a 2024-02-14). The second representative similarly indicated that letters of member registration can be signed by the PJ president of each state but noted [translation] "generally, for migratory purposes, they are requested to the national body (presidents or vice presidents) who must confirm with the national Organizational Vice President the membership or volunteer status of the individual" (PJ Representative b 2024-02-27). According to the same source, a [translation] "sealed and officially signed letter is requested to the National Organizational Vice President where the membership or volunteer rank of the applicant will be checked against the records in SORE, in consultation with the regional offices" (PJ Representative b 2024-02-27).

Samples of the proof of membership letter (carta de constancia de militancia) used as of 2022 (Attachment 1) and the membership card (carnet de militante) issued up until 2021 (Attachment 2), sent to the Research Directorate by the PJ's representative b, are attached to this Response.

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 for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Acceso a la Justicia. 2023-10-18. "Cronología del caso de Juan Requesens." [Accessed 2024-03-04]

Acceso a la Justicia. 2022-06-28. "Cronología del caso de Fernando Albán." [Accessed 2024-02-05]

Acceso a la Justicia. N.d. "Nosotros." [Accessed 2024-02-26]

Agencia EFE (EFE). 2023-08-10. "Henrique Capriles denuncia haber sufrido seis agresiones por parte de chavistas desde mayo." [Accessed 2024-02-27]

British Broadcasting Corporation (BBC). 2018-10-10. Guillermo D. Olmo. "Muerte de Fernando Albán en una comisaría del Sebin: 3 incógnitas del caso del opositor que falleció en Venezuela." [2024-02-24]

Capriles, Henrique. 2023-08-16. "Este es el saldo que dejaron los grupos de 'paz' como dice Maduro, quienes además se identificaron abiertamente con el PSUV: … ." X [formerly Twitter]. [Accessed 2024-03-06]

Capriles, Henrique. 2023-08-15. "Desde Apure… ." X [formerly Twitter]. [Accessed 2024-03-06]

Caracas Chronicles. 2022-01-13. Raúl Castillo. "There Once Was a Party: Primero Justicia." [Accessed 2024-03-04]

Crónica Uno. 2022-09-24. "María Beatriz Martínez asume riendas de PJ con la meta de unificar el liderazgo de cara a las primarias y a las presidenciales." [Accessed 2024-02-26]

Efecto Cocuyo. 2022-09-25. Shari Avendaño. "Diputada María Beatriz Martínez asume liderazgo de Primero Justicia." [Accessed 2024-02-05]

Infobae. 2023-08-15. "Colectivos chavistas atacaron un acto de campaña de Henrique Capriles en Apure: hay al menos un herido." [Accessed 2024-02-05]

Political Handbook of the World 2022-2023. 2023. "Venezuela." Edited by Tom Lansford. Thousand Oaks: CQ Press. [Accessed 2024-02-14]

Primero Justicia (PJ). 2022-04. Estatutos Del Movimiento Primero Justicia. [Accessed 2024-01-30]

Primero Justicia (PJ). N.d. "Directorio de dirigentes de la organización." [Accessed 2024-02-05]

Professor, Universidad Metropolitana, Venezuela. 2024-02-28. Correspondence with the Research Directorate.

TalCual. 2023-08-15. "Sabotaje violento contra asamblea que haría Capriles en Apure dejó personas heridas." [Accessed 2024-02-05]

United Nations (UN). 2022-06-23. Office of the High Commissioner for Human Rights (OHCHR). Situation of Human Rights in the Bolivarian Republic of Venezuela. (A/HRC/50/59) [Accessed 2024-02-26]

United Nations (UN). 2020-09-15. Office of the High Commissioner for Human Rights (OHCHR). Detailed Findings of the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela. (A/HRC/45/CRP.11) [Accessed 2024-02-26]

Primero Justicia Representative a. 2024-02-14. Correspondence with the Research Directorate.

Primero Justicia Representative b. 2024-02-27. Correspondence with the Research Directorate.

Primero Justicia Representative b. 2024-02-20. Correspondence with the Research Directorate.

Wilson Center. 2023-08-09. "A Conversation with Henrique Capriles, Presidential Candidate for Venezuela's Primero Justicia Party." [Accessed 2024-03-04]

Additional Sources Consulted

Oral sources: Professor at an American university whose research focuses polarized democracies; Professor at an American university who studies Latin American politics (2); Research Associate at the Center for Strategic & International Studies; Research fellow at an American university whose research focuses on international relations in Latin America; Research fellow at a British university whose research focuses on opposition parties in Latin America; Research fellow at a German university whose research focuses on political parties in Venezuela.

Internet sites, including: Al Jazeera; Amnesty International; Associated Press; Atlantic Council; Australia – Department of Foreign Affairs and Trade; Austrian Red Cross – ecoi.net; Bertelsmann Stiftung; Cable News Network; Center for Strategic & International Studies; Centro de Justicia y Paz; Council on Foreign Relations; Diario de los Andes; El Nacional; El País; Factiva; Forbes; France – Office français de protection des réfugiés et apatrides; Germany – Federal Office for Migration and Refugees; Insight Crime; Inter-American Commission on Human Rights; La Patilla; Policy Commons; Programa Venezolano de Educación Acción en Derechos Humanos; Reuters; Voice of America; Washington Office on Latin America; Wilson Center.

Attachments

1. Primero Justicia (PJ). October 2023. Sample of a proof of membership letter (Carta de constancia de militancia). Sent to the Research Directorate by the Primero Justicia's representative b, 2024-02-28. Translated by the Translation Bureau, Public Services and Procurement Canada.
2. Primero Justicia (PJ). N.d. Sample of a membership card (Carnet de militante). Sent to the Research Directorate by the Primero Justicia's representative b, 2024-02-28. Translated by the Translation Bureau, Public Services and Procurement Canada.