Title: Venezuela Rights Activist Freed from Notorious Jail Amid Political Pressure and International Scrutiny
Abstract
This paper examines the release of Venezuelan human rights activist Rocío San Miguel from the infamous El Helicoide detention center in Caracas on March 21, 2024, after 47 days of pre-trial detention. San Miguel, a prominent advocate for military accountability and democratic governance, was detained without formal charges under controversial circumstances. Her case exemplifies the broader pattern of state repression against political dissent in Venezuela under the administrations of Nicolás Maduro. Drawing on legal documents, international human rights reports, media analyses, and statements from diplomatic actors, this paper explores the legal, political, and humanitarian dimensions of her detention and release. The analysis highlights the strategic use of arbitrary detention as a tool of political intimidation, the role of international pressure in securing her release, and the implications for civil liberties and democratic backsliding in Venezuela. The paper concludes that San Miguel’s release—while a rare victory for human rights—underscores the fragile and precarious state of civic space in Venezuela.
- Introduction
On March 21, 2024, Rocío San Miguel, one of Venezuela’s most prominent human rights defenders and legal scholars, was released from El Helicoide, a state intelligence detention facility long criticized for inhumane conditions and systematic abuse. Her detention beginning on February 9, 2024, sparked a wave of national and international condemnation, drawing renewed attention to Venezuela’s deteriorating human rights situation. San Miguel, the president of the civic organization Citizen Control, has spent over two decades advocating for military accountability, transparency in defense policy, and the protection of civil and political rights.
This paper investigates the circumstances surrounding San Miguel’s arrest, the legal and political context of her detention, and the factors contributing to her release. It situates her case within broader patterns of repression under the Maduro regime, including the criminalization of dissent, the erosion of judicial independence, and the systemic targeting of civil society leaders. The study further analyzes the role of international actors—particularly the United Nations, the Organization of American States (OAS), and foreign governments—in leveraging diplomatic pressure to influence outcomes in politically sensitive cases.
- Background: Rocío San Miguel and Citizen Control
Rocío San Miguel is a lawyer, political scientist, and human rights advocate whose work has focused on Venezuela’s armed forces and defense policy. Since founding Citizen Control in 2004, she has published critical research on military funding, corruption in defense procurement, and the politicization of the armed forces. Her scholarship, often disseminated through reports, public lectures, and media commentary, challenges the narrative of military neutrality advanced by the government.
Notably, San Miguel opposed the controversial “Plan República,” a military-led electoral security operation, arguing that the armed forces’ involvement in civil affairs undermines democratic institutions. Her public critiques of military leadership, including high-profile generals loyal to Maduro, have made her a target of state surveillance and harassment. In prior years, she had been subject to travel restrictions, cyberattacks on her digital platforms, and judicial harassment.
- Arrest and Detention: Legal and Procedural Violations
San Miguel was arrested early in the morning on February 9, 2024, at her family home in Caracas by agents of the General Directorate of Military Intelligence (DGCIM). According to witnesses and her legal team, she was taken without a warrant and subjected to a forced disappearance for over 24 hours—a tactic widely documented by human rights groups as part of Venezuela’s repressive apparatus.
She was eventually brought before a military tribunal and formally accused of “treason,” “conspiracy,” and “illicit association” under Venezuela’s Organic Code of Military Justice and the Anti-Terrorism Law. The accusations stemmed from alleged communications with foreign entities—reportedly including diplomatic missions—regarding military mobilizations and electoral preparations. Notably, no concrete evidence was presented during initial hearings, and San Miguel was denied access to legal counsel for several days.
Her detention in El Helicoide—a repurposed shopping mall converted into a sprawling detention complex operated by the Bolivarian National Intelligence Service (SEBIN)—raised immediate alarm. The facility has been described by Human Rights Watch, Amnesty International, and the UN Independent International Fact-Finding Mission on Venezuela as a site of torture, arbitrary detention, and due process violations. Former detainees have reported prolonged solitary confinement, poor sanitation, limited medical care, and psychological abuse.
Legal experts criticized the use of military courts to try a civilian, a move that violates both Venezuela’s 1999 Constitution and international human rights standards, including Articles 14 of the International Covenant on Civil and Political Rights (ICCPR), to which Venezuela is party. The Inter-American Commission on Human Rights (IACHR) issued a precautionary measure in her favor, urging the government to guarantee her safety and due process rights.
- Political Context: Crackdown on Dissent Ahead of 2024 Elections
San Miguel’s arrest occurred in the run-up to Venezuela’s 2024 presidential elections, a deeply contentious political moment. The opposition coalition, the Unitary Platform (PUD), had unified behind Edmundo González Urrutia as its presidential candidate, challenging Maduro’s bid for a third term. The government responded with a sweeping campaign of political repression, restricting opposition movement, disqualifying candidates, and targeting civil society organizations.
This period saw over 40 arbitrary detentions of political figures, journalists, and activists between January and March 2024, according to the NGO Foro Penal. The targeting of San Miguel was consistent with a broader strategy of neutralizing voices that could undermine the regime’s narrative of political and military stability. As an expert on military integrity, her work threatened the regime’s efforts to project institutional unity during a fragile electoral period.
Moreover, the charges against her echoed those historically used to silence dissent: “conspiracy,” “treason,” and “foreign interference.” These broad, ill-defined offenses allow authorities to criminalize legitimate civic engagement and criticism of state institutions. A 2023 report by the UN Fact-Finding Mission concluded that Venezuela’s judiciary lacks independence and routinely serves as an instrument of political control, rendering trials of dissidents effectively administrative rather than judicial.
- International Response and Diplomatic Pressure
San Miguel’s detention triggered immediate international condemnation. The United Nations High Commissioner for Human Rights, Volker Türk, called for her immediate release, describing her detention as “arbitrary” and “politically motivated.” The European Union, Canada, and several Latin American countries, including Argentina, Costa Rica, and Uruguay, issued strong statements demanding her freedom.
The United States, under both the Trump and Biden administrations, has previously imposed sanctions on Venezuelan officials involved in human rights abuses. In February 2024, the U.S. Department of State issued a statement labeling San Miguel’s detention a “blatant attack on civil society” and threatened targeted sanctions against individuals responsible for her arrest.
Crucially, the ongoing bilateral dialogues between the Maduro government and the opposition—mediated by Norway and hosted in Mexico—provided a diplomatic channel through which San Miguel’s case could be leveraged. Opposition negotiators elevated her situation as a litmus test for the credibility of any electoral agreement. International actors, including Norway and the Vatican, conditioned their support for electoral processes on concrete democratic concessions, including prisoner releases.
Amid this pressure, the Venezuelan government signaled a calculated retreat. On March 21, 2024, San Miguel was released with “restricted liberty” measures, including house arrest and a travel ban. While not a full acquittal, her release was widely interpreted as a concession to international scrutiny and a strategic move to avert broader sanctions or electoral boycotts.
- Legal and Human Rights Implications
San Miguel’s case exemplifies the systemic erosion of rule of law in Venezuela. Key violations include:
Arbitrary detention: Detention without warrant or charge, in violation of Articles 7 and 9 of the ICCPR.
Lack of judicial independence: Prosecution by military courts for civilian activities, undermining fair trial rights.
Incommunicado detention: Denial of access to legal representation, family, and medical care.
Targeting of human rights defenders: Use of counterterrorism and treason laws to silence civil society.
Moreover, her release under conditional liberty—rather than exoneration—reflects the regime’s tactic of “selective leniency,” where activists are freed but remain vulnerable to re-arrest. This form of “conditional freedom” serves to intimidate and restrict civic action without the international fallout of continued incarceration.
The role of international institutions, particularly the UN Fact-Finding Mission, has been critical in documenting abuses and holding the state accountable. Since its creation in 2020, the Mission has reported over 100 cases of arbitrary detention, torture, and politically motivated prosecutions. Its 2023 and 2024 reports explicitly cited El Helicoide and the DGCIM as central nodes in Venezuela’s repressive machinery.
- Conclusion: A Symbolic Victory in an Ongoing Struggle
Rocío San Miguel’s release marks a rare instance of successful resistance to state repression in Venezuela. It underscores the importance of sustained international advocacy, transnational solidarity networks, and institutional diplomatic engagement in defending human rights. However, her conditional freedom does not signify a shift in state policy. Over 200 political prisoners remain incarcerated, and the legal framework used to prosecute her remains intact.
Her case also highlights the vulnerability of human rights defenders in hybrid authoritarian regimes, where repression is often concealed under legal formalism and national security rhetoric. While her release may be celebrated as a victory, it should not obscure the broader reality: Venezuela continues to rank among the worst performers globally on press freedom, political rights, and civil liberties, as measured by Freedom House and the Economist Intelligence Unit.
Future research should examine the long-term impacts of such detentions on civil society resilience, including self-censorship, diaspora mobilization, and the development of underground human rights networks. Moreover, the international community must move beyond ad hoc interventions toward sustained accountability mechanisms, including targeted sanctions, judicial referrals to the International Criminal Court (ICC), and diplomatic isolation of perpetrators.
Ultimately, San Miguel’s ordeal and eventual release serve as a stark reminder that the defense of democracy in Venezuela remains perilous—but not hopeless.
References
Amnesty International. (2023). Venezuela: A Year of Repression Amid Political Stalemate. London: Amnesty International Ltd.
Foro Penal. (2024). Report on Political Prisoners in Venezuela, January–March 2024. Caracas: Foro Penal.
Human Rights Watch. (2022). “They Were Just Walking”: Victims of Killings and Arbitrary Detention in Venezuela. New York: HRW.
Inter-American Commission on Human Rights (IACHR). (2024). Precautionary Measures: Case of Rocío San Miguel. OAS Document CEJ/PM-2383-24.
United Nations Human Rights Council. (2023). Report of the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela. A/HRC/53/21.
United Nations High Commissioner for Human Rights. (2024). Statement on the Arbitrary Detention of Rocío San Miguel. Geneva: OHCHR.
U.S. Department of State. (2024). Press Statement on the Detention of Venezuelan Human Rights Defender Rocío San Miguel. Bureau of Western Hemisphere Affairs.
Organization of American States (OAS). (2024). Declaration of the Permanent Council on the Situation of Human Rights in Venezuela. AG/RES. 2923 (L-CIII).