The LAW Way

Documented Human Rights Conditions After TPS Termination.

—

Disclaimer

This post is for informational and educational purposes only. I am a law graduate (J.D./LL.M.) but not yet licensed to practice law in the United States. Nothing in this post constitutes legal advice. Each case is unique, and individuals should consult with a licensed attorney regarding their specific circumstances.

—

In light of recent changes to Temporary Protected Status (TPS) for Venezuelan nationals, understanding current conditions inside Venezuela is not simply a policy exercise—it is a matter of personal safety for those who would face return. Numerous international bodies have formally concluded that Venezuela is experiencing systematic state repression, including findings that rise to the level of crimes against humanity under international law.¹

While many observers associate Venezuela’s crisis with economic collapse, shortages, and hyperinflation, the most recent significant escalation occurred following the July 28, 2024 presidential election, when protests erupted over disputed results. The response from state authorities was immediate and unprecedented.

A Rapid Escalation of Political Repression

Within ten days of the election, Venezuelan security forces arrested between 2,000 and 2,400 people—more arrests in one week than in the entire previous year.² The Attorney General announced that 749 detainees would face “terrorism” charges carrying sentences of up to 30 years.³ At least 25 civilians were killed, many shot by security forces and armed pro-government groups known as colectivos.⁴ Victims included minors and bystanders with no connection to protests.

International bodies reacted with rare unanimity.

• In September 2024, the United Nations Independent International Fact-Finding Mission concluded that these abuses constitute crimes against humanity, describing “unprecedented levels of violence” and a systematic policy targeting civilians.⁵
• In December 2024, the Inter-American Commission on Human Rights (IACHR) described the government’s repression as state terrorism, defined as the use of state resources to create fear among the population and eliminate political opposition.⁶

These designations are not political opinions—they are legal conclusions grounded in evidence.

Detention and Torture: A Documented Reality

Venezuelans perceived as critics—or simply as people who left the country during the migration crisis—face real risk of detention upon return.

In detention centers such as El Helicoide, the headquarters of Venezuela’s intelligence agency (SEBIN), multiple investigations document torture as standard practice, including electric shocks, suffocation, sexual violence, suspension by limbs, and psychological torture.⁷ Amnesty International has documented that children as young as 13 have been arbitrarily detained and tortured after the 2024 protests.⁸

Enforced Disappearances

One of the most terrifying aspects of Venezuela’s current repression is the practice of enforced disappearance, where authorities arrest individuals but deny the arrest or refuse to provide information about the person’s whereabouts. Under international law, enforced disappearance itself constitutes torture due to the severe psychological suffering it inflicts on both the victim and family members. High-profile cases include political leaders, human rights defenders, and even foreign nationals with no political involvement. ⁹

A Digital Surveillance State

Venezuela’s repression is not limited to physical force. The government has integrated digital tools into its security apparatus:

• VenApp, a state-run smartphone application, allows users to anonymously report “suspicious” people or protest activity. Reports are transmitted with geolocation directly to authorities. Within days of adding political reporting categories, more than 5,000 denunciations had been filed.¹⁰
• The Carnet de la Patria, a Chinese-designed smart-ID card, stores extensive personal data including employment history, voting behavior, medical information, and social media activity.¹¹ The card is required to access subsidized food, medicine, pension payments, and basic services, meaning that ordinary life depends on participation in a state-controlled surveillance system.

Censorship and the End of Independent Information

Venezuela has carried out one of the most comprehensive internet censorship campaigns in the Western Hemisphere.¹² Independent media, fact-checking programs, NGOs, and international news outlets have been systematically blocked. Even Wikipedia was blocked the day before the 2024 election.¹³ Social media platforms such as Twitter (X) and Signal have been banned, and VPNs used to circumvent censorship were also blocked—making access to independent information nearly impossible.

No Legal Protection

The UN Fact-Finding Mission found that Venezuela’s judiciary is subordinated to the executive and actively facilitates repression.¹⁴ Detainees are routinely denied lawyers, held incommunicado, and charged in anti-terrorism courts. Under these conditions, there is no functioning domestic remedy for victims of state abuse.

Why Venezuelans Fled—and What Return Means

Over 7.8 million people—about one-quarter of Venezuela’s population—have fled the country.¹⁵ Those who remain face:

• Digital surveillance and mandatory state ID systems
• Night raids and warrantless arrests
• Medicine and food shortages
• Daily blackouts across nearly every state
• A climate of fear and denunciation

For individuals facing return, these risks are not hypothetical. International documentation shows that returnees, perceived dissidents, and individuals with social media presence may be specifically targeted.

Conclusion

Understanding these conditions is essential for evaluating return to Venezuela. The key facts documented by international bodies show:

1. Repression is systematic, not isolated.
2. Torture and enforced disappearance are widely documented.
3. The surveillance infrastructure is comprehensive and permanent.
4. The judiciary offers no protection.
5. More than 7.8 million Venezuelans have already fled.
6. Conditions have worsened, not improved.

This information comes from the most authoritative human rights institutions in the world—including the United Nations, IACHR, Human Rights Watch, Amnesty International, and dozens of civil society organizations. Their findings present a clear picture: Venezuelans forced to return face well-documented and ongoing risks to life, liberty, and physical integrity.

—-

Footnotes

1. United Nations Human Rights Council, Report of the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela (Sept. 17, 2024) https://digitallibrary.un.org/record/4069503?ln=en&v=pdf
2. Id.
3. Human Rights Watch, World Report (2025). https://www.hrw.org/world-report/2025/country-chapters/venezuela; supra note 1.
4. Id.
5. United Nations Independent International Fact-Finding Mission, supra note 1.

6. Inter-American Commission on Human Rights, IACHR and SRFOE Condemn State Terrorism Practices in Venezuela (Dec. 27, 2024), https://www.oas.org/en/iachr/jsForm/?File=/en/iachr/media_center/preleases/2024/184.asp

7. UN Human Rights Council, The government apparatus, its repressive mechanisms and restrictions on civic and democratic space, Independent international fact-finding mission on the Bolivarian Republic of Venezuela, UN Doc. A/HRC/54/CRP.8 (2023), https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session54/advance-versions/A_HRC_54_CRP.8_EN.pdf

8. Amnesty International, Venezuela: Torture, Arbitrary Detention and Abuse of Dozens of Children Must Stir International Justice into Action (Nov. 2024), https://www.amnesty.org/en/latest/news/2024/11/venezuela-tortura-abusos-contra-ninos-ninas/

9. International Convention for the Protection of All Persons from Enforced Disappearance art. 1, Dec. 20, 2006, 2716 U.N.T.S. 3; Human Rights Watch, Venezuela: Political Prisoners Cut Off from the World (Sep. 22, 2025) https://www.hrw.org/news/2025/09/22/venezuela-political-prisoners-cut-off-from-the-world; Front Line Defenders, Incommunicado Detention of Woman Human Rights Defender Rocío San Miguel (Feb. 2024), https://www.frontlinedefenders.org/en/case/incommunicado-detention-woman-human-rights-defender-rocío-san-miguel; Human Rights Watch, Punished for Seeking Change: Killings, Enforced Disappearances and Arbitrary Detention Following Venezuela’s 2024 Election(Apr. 30, 2025), https://www.hrw.org/report/2025/04/30/punished-seeking-change/killings-enforced-disappearances-and-arbitrary-detention

10. Global Voices, VenApp, the Chavista App Co-opted for Harassment in Venezuela (Sept. 11, 2024), https://globalvoices.org/2024/09/11/venapp-the-chavista-app-co-opted-for-harassment-in-venezuela/; https://www.cnn.com/2025/11/05/americas/venezuela-maduro-app-spy-us-intl-latam; Freedom House, Open letter on technology-enabled political violence in Venezuela (Aug. 06, 2024) https://freedomhouse.org/article/open-letter-technology-enabled-political-violence-venezuela#:~:text=It%20now%20incorporates%20features%20that,disinformation%2C%E2%80%9D%20which%20targets%20journalists; ProboxVe, #Digital Terror: VenApp, the Chavista App co-opted for Harassment. (Aug. 28, 2024) https://proboxve.org/en/publicacion/digitalterror-venapp-the-chavista-app-co-opted-for-harassment/; Amnesty International, Venezuela: Tech Companies Set Dangerous Precedent with App for Reporting Anti-Government Protesters (Aug. 2024), https://www.amnesty.org/en/latest/news/2024/08/venezuela-tech-companies-set-dangerous-precedent-with-app-for-reporting-anti-government-protesters/

11. Angus Berwick, How ZTE Helps Venezuela Create China-Style Social Control, Reuters Special Report (Nov. 14, 2018); The Latin Times, Maduro Orders Creation of Surveillance App for Venezuelans: “Everything They See, Everything They Hear” (Oct. 10, 2025) https://www.latintimes.com/maduro-orders-creation-surveillance-app-venezuelans-everything-they-see-everything-they-hear-590740; Access Now, Venezuela’s Many Means of Surveillance and Control (Aug. 2024), https://www.accessnow.org/the-many-means-of-surveillance-and-control-in-venezuela/

12. VeSinFiltro, Annual Internet Censorship Report (2025); VeSinFiltro, Bloqueos en Internet Durante las Elecciones en Venezuela (Aug. 1, 2024), https://vesinfiltro.org/noticias/2024-08-01-elecciones-presidenciales/.; CNBC, Nicolás Maduro Orders 10-Day Ban on X in Venezuela After Feud with Elon Musk(Aug. 9, 2024), https://www.cnbc.com/2024/08/09/maduro-orders-10-day-ban-on-x-in-venezuela-after-feud-with-elon-musk.html; Engadget, Russia and Venezuela Have Blocked Encrypted Messaging App Signal(Aug. 12, 2024), https://www.engadget.com/social-media/russia-and-venezuela-have-blocked-encrypted-messaging-app-signal-221433099.html; VeSinFiltro, Venezuela Silencia las Voces Críticas en Internet (Aug. 13, 2024), https://vesinfiltro.com/noticias/2024-08-13-silencian_voces_criticas_en_internet/.; Freedom House, Venezuela: Freedom on the Net 2024 Country Report (2024), https://freedomhouse.org/country/venezuela/freedom-net/2024.

13. Id.

14. U.N. Fact-Finding Mission, supra note 1.

15. Freedom House, Venezuela: Freedom on the Net 2024 Country Report (2024), https://freedomhouse.org/country/venezuela/freedom-net/2024.