The Supreme Court placed the noose around the neck of Non-Governmental Organisations (NGOs) in the country. Through a statement signed by Constitutional Court Justice Francisco Carrasquero, the Supreme Court ruled on July 22, 2010, that civil society groups could be prosecuted for the crime of treason if they receive funding from abroad.
In the judgment rejecting the appeal filed by Súmate against the referendum on the constitutional amendment of February 2009, Carrasquero noted that the fact that an NGO obtains “financial resources, either directly or indirectly, from of foreign states with the intent to be used to the detriment of the Republic, the people’s interests (where sovereignty resides, as referred to in Article 5 of the Constitution of the Bolivarian Republic of Venezuela), political, social or economic acts, could represent a crime under Article 140 of the Venezuelan Criminal Code,” regarding the crime of treason.
The view expressed by the Supreme Court is consistent with the position of late President Hugo Chávez, who in November of that year said: “How can we allow political parties, NGOs, people of the counterrevolution to continue to be financed with millions and millions of dollars from the Yankee empire, and go around freely, using full freedom to abuse and violate our Constitution and try to destabilise the country? I hope a very severe law is enacted to make this stop.”
Chavez’s request was immediately heeded by the National Assembly in December 2010 with the enactment of the National Law on Defence of Political Sovereignty and Self-Determination, which provides for fines and penalties against “political organisations or organisations for the defence of political rights” receiving “financial support for political activities by foreign individuals or organisations.”
The Supreme Court ruling ultimately gave support to an official policy that criminalises NGOs and limits their action, which relies on external financing to ensure the objectivity and freedom of association and action when exercising their duties.
Extract of the judgment
obtaining financial resources, either directly or indirectly, from foreign states with the intention to be used to the detriment of the Republic, the interests of the people (…) political, social or economic acts, could constitute a crime under Article 140 of the Venezuelan Penal Code (…) this Court, in order to ensure that State functions are fulfilled unilaterally for the benefit of citizens and not of another State, in accordance with Article 19.6 of the Organic Law governing the functions of this High Court, dismisses the quality of the civil association “SÚMATE” to bring forward the present request for annulment, due to lack of legitimacy to act on behalf of foreign interests on matters of domestic policy…”