IACHR Files Case Before IA Court Concerning Wrongful Dismissal of Public Official in Venezuela

February 23, 2024

Washington, D.C. - On December 26, 2023, the Inter-American Commission on Human Rights (IACHR) filed Case 13.309 concerning Venezuela before the Inter-American Court of Human Rights (IA Court). The case in question concerns the reprimand and unjustified dismissal of José Antonio Navarro Hevia from his position as a civil servant in the Ministry of Defense.

José Antonio Navarro Hevia was a career official at the Venezuelan Ministry of Defense from 1978 to 2001. In January 2000, an administrative inquiry was opened, alleging that he had damaged the good name and interests of the Ministry of Defense by reporting acts of corruption. As a consequence, he received at least five reprimands under Article 60 of the Administrative Career Law.

In the same year, the Minister of Defense dismissed him from his position as Personnel Analyst III, on the grounds that he had been issued three reprimands in writing and then suspended him from his position with pay for up to 60 working days while the investigation continued. Navarro filed several internal appeals that were not resolved, including an appeal to the President of the Republic in 1999 and 2000.

In Admissibility and Merits Report No. 362/22, the IACHR emphasized that the norm that was applied to Navarro Hevia was broad, created legal uncertainty, and allowed for arbitrary action. It also pointed out that the conduct for which he was reprimanded ("contempt for the proper authority") had not been defined as a cause for reprimand and that the State had thus violated the principle of legality.

With regard to the principles of independence and impartiality, the IACHR found irregularities in the administrative process. It noted that a context of persecution of opposition public officials had prevailed when Navarro Hevia publicly criticized the government and made allegations of corruption and concluded that the State did not guarantee access to impartial authorities during the administrative proceedings.

The IACHR found that the Administration took at least nine years to issue its final rulings, which it deemed an unreasonable length of time. This delay violated the right to judicial guarantees and protection, while the reprimand for seeking information and reporting corruption constituted an unlawful restriction on freedom of expression that affected public debate and democratic oversight.

The IACHR emphasized that the reprimands led to Navarro Hevia being unfairly dismissed from his position and that the State violated his right to work by not providing effective remedies to correct this situation.

Consequently, the IACHR concluded that the Venezuelan State is responsible for violating the rights recognized in articles 8(1) (judicial guarantees), 9 (principle of legality), 13 (freedom of thought and expression), 25 (judicial protection), and 26 (the right to work), in relation to the obligations established in articles 1(1) and 2 of the American Convention on Human Rights.

The IACHR recommended that the Venezuelan State implement the following measures of reparation:

1. Make material and nonmaterial reparations to Navarro Hevia, including measures of economic compensation and satisfaction.
2. Conduct impartial and effective investigations to clarify the facts and identify those responsible for them within a reasonable period.
3. Adopt measures to prevent these violations from occurring again, particularly those concerning restrictions on the right to freedom of expression of public officials who speak out regarding matters of public interest or report alleged acts of corruption.
4. Adopt legislative measures to ensure clear and specific grounds for disciplinary proceedings that guarantee legal certainty and the principle of legality.
5. Promote the establishment of efficient, transparent, verifiable mechanisms to receive and process complaints of alleged acts of corruption.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 041/24

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