Las Academias Nacionales, en cumplimiento de los deberes ciudadanos y de conciencia de sus miembros, así como en acatamiento de los principios y fines que rigen su existencia jurídica, se pronuncian sobre el hecho de la muerte trágica del concejal del municipio Libertador de Caracas, Fernando Albán, ocurrida el 8 de octubre de 2018, y sobre las actuaciones de los órganos del Poder Nacional ante ese acontecimiento, los cuales configuran junto con otros hechos precedentes, una peligrosa tendencia que debemos rechazar.

Es un hecho público que el concejal Fernando Albán murió mientras se encontraba detenido sin orden judicial en la sede del Servicio Bolivariano de Inteligencia Nacional (SEBIN) desde el día 5 de octubre de 2018, luego de ser apresado en el ingreso migratorio del Aeropuerto Simón Bolívar de Maiquetía, y sin haber cumplido ese cuerpo policial con el deber de presentación oportuna de su persona y de su caso por ante la autoridad judicial competente, como lo establecen el artículo 44 de la Constitución y los instrumentos internacionales sobre derechos humanos.

Es también conocido que, sin haber realizado la debida investigación del hecho, funcionarios del Ejecutivo Nacional y el Fiscal General de la República designado por la Asamblea Nacional Constituyente manifestaron ante medios de comunicación que se trataba de un “suicidio” por lanzamiento espontáneo del concejal Albán desde el piso 10 de la sede del SEBIN, situada en la Plaza Venezuela de Caracas, sin que hubiera coincidencia ni coherencia entre las versiones de ambas instituciones del Estado.

Ante estos hechos, las Academias manifiestan, en primer lugar, que conforme a la Constitución y a los instrumentos internacionales sobre derechos humanos, toda persona tiene el derecho a la libertad individual y en consecuencia, no puede ser arrestada o detenida por la autoridad que sea sino en virtud de una orden judicial, a menos de que sea sorprendida “in fraganti”, es decir, en el momento de la comisión del delito o inmediatamente después de ello. Al no ser aprehendido conforme a tales preceptos, la detención del concejal Fernando Albán fue arbitraria.

En segundo lugar, la detención del concejal Fernando Albán tuvo lugar el día 5 de octubre de 2018. Para el día 8 del mismo mes y año no había sido llevado ante una autoridad judicial, en desconocimiento del lapso establecido en la norma constitucional (art. 44.1), lo cual agrava la situación de antijuridicidad configurada en la arbitraria detención.

En tercer lugar, conforme a los principios constitucionales (art. 46 de la Constitución) y las obligaciones internacionales en materia de derechos humanos, toda persona privada de libertad tiene derecho a que se respete su integridad física, psíquica y moral. Estas quedan bajo la responsabilidad del Estado, a través de las autoridades y funcionarios que ejercen su custodia. Cualquier afectación de su vida e integridad personal traslada al Estado y a sus funcionarios la carga de la responsabilidad, a menos que se pruebe fehacientemente lo contrario en juicio imparcial. El concejal Fernando Albán –como en otros casos precedentes– se encontraba bajo la custodia del SEBIN, por lo que las declaraciones de las autoridades mencionadas, manifestando ante medios de comunicación que se trataba de un “suicidio”, configuran un acto irresponsable, que además agrede la integridad moral, el nombre y la reputación de la víctima y sus familiares.

Por todo lo anterior, los hechos ocurridos deben ser objeto de una investigación imparcial, independiente, seria y oportuna, conforme a los estándares y protocolos internacionales, que permita determinar con certeza los hechos y que en su caso, identifique a los presuntos responsables, conduzca a su sanción proporcional y adecuada y repare a los familiares del concejal Albán. A los fines de cumplir con este objetivo, las Academias proponen a la sociedad y al Estado venezolanos, la conformación de una Comisión Internacional de Expertos Independientes con el apoyo del sistema de derechos humanos de la ONU y de la OEA, como ha sucedido en otros países latinoamericanos, a fin de que realice una investigación imparcial sobre los hechos ocurridos y presente un informe público en breve plazo ante las autoridades competentes del Estado.

Las Academias han conocido diversos informes y denuncias públicas sobre la persecución y detención arbitraria de otros dirigentes políticos, sindicales, campesinos, indígenas y defensores de derechos humanos que los convierten en presos políticos, así como de casos de torturas y tratos crueles e inhumanos de los detenidos. Por ello, exigen a las autoridades del Estado la observación estricta de la Constitución y de los instrumentos internacionales sobre derechos humanos para efectuar una detención, así como permitir la libertad de expresión crítica y de manifestación, el libre juego de partidos y de sus dirigentes y el pluralismo político; para que las personas detenidas sean presentadas ante un juez independiente e imparcial dentro de las 48 horas siguientes; para que las personas detenidas no sean aisladas ni desaparecidas, y que sus familiares y abogados tengan acceso a ellas de manera inmediata e incondicional; para que sean tratados con todo respeto a su dignidad e integridad personal, y que las autoridades y funcionarios públicos se abstengan de incriminarlos u ofenderlos mediante declaraciones públicas; y para que las violaciones y abusos a los derechos humanos sean investigados debidamente de manera imparcial, seria y oportuna conforme a los estándares y protocolos internacionales, a fin de que se identifique y sancione con el debido proceso a todos los presuntos responsables y se repare a las víctimas y sus familiares.

Finalmente, las Academias desean manifestar públicamente su más profundo pesar por los hechos ocurridos; y en estos difíciles momentos de consternación se solidarizan con el dolor de la familia Albán, de sus amigos y compañeros.

En el Palacio de las Academias, Caracas, a los 11 días del mes de octubre de 2018.

Horacio Biord Castillo
Presidente de la Academia Venezolana de la Lengua

Inés Quintero Montiel
Directora de la Academia Nacional de la Historia

Leopoldo Briceño-Iragorry Calcaño
Presidente de la Academia Nacional de Medicina

Gabriel Ruan Santos
Presidente de la Academia de Ciencias Políticas y Sociales

Gioconda Cunto de San Blas
Presidenta de la Academia de Ciencias Físicas, Matemáticas y Naturales

Humberto García Larralde
Presidente de las Academia Nacional de Ciencias Económicas

Gonzalo Morales
Presidente de la Academia Nacional de Ingeniería y el Hábitat

 – Academias Nacionales – 12-10-2018

Fuente:
http://venamerica.org/web/pronunciamiento-de-las-academias-nacionales-con-ocasion-de-la-muerte-del-concejal-fernando-alban/

 

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