1.4.1. Amnesty Law

On 19 February 2026, the National Assembly approved the Amnesty Law for Democratic Coexistence (Ley de Amnistía para la Convivencia Democrática).187 The law grants amnesty for participation in political protests and in 'violent actions' that occurred during the brief 2002 coup, as well as for acts linked to demonstrations or elections in certain months of 2004, 2007, 2009, 2013, 2014, 2017, 2019, 2023, 2024, and 2025.188 The law excludes individuals convicted of 'military rebellion',189 labour activists facing prosecution, people charged with online 'incitement of hate',190 and anyone accused of 'promoting, instigating, facilitating, financing, or participating in armed or forceful actions against the people, sovereignty, and territorial integrity of Venezuela'.191

There is no transparency regarding the implementation of the Amnesty Law and that the process is very opaque.192 Observers noted that the law left several critical issues unaddressed, including the lack of recognition of victims of repression, the absence of accountability for state actions, and the failure to guarantee truth, justice, and reparations.193

Implementation of the law was delegated to the judiciary, which is widely accused of lacking impartiality.194 Although the Amnesty Law allows for the closure of criminal, disciplinary, or civil proceedings for those covered by it, its scope is limited to specific acts and offences; as a result, most released detainees reportedly continue to face open cases, are denied the right to appoint private counsel, and are not granted access to their case files.195 Foro Penal reported that some courts have refused to provide written decisions denying applications under the law, preventing relatives from filing appeals.196 The same source also indicated that tribunals often treat the Amnesty Law as a 'mere recommendation' rather than a binding order from the National Assembly.197 Many requests for release have not been accepted, especially those involving politicians close to Corina Machado and some journalists.198

Authorities indicated that, as of 25 March 2026, more than 11 400 applications had been submitted under the Amnesty Law and that 8 084 positive decisions had been issued, including 7 782 cases involving precautionary measures such as travel bans, and 302 cases involving detainees.199 Sources, however, questioned the reliability of these numbers and that verification was 'difficult'.200 There are allegations that some judges are charging an extortion fee to family members for the release of their relative under the Amnesty Law.201 In a telephone interview, Roberto Briceño-León, Director of the Venezuelan Observatory of Violence (OVV, Observatorio Venezolano de Violencia) indicated, however, that family members prefer not to voice concern in public so as not to jeopardise the release of their imprisoned family member.202

On 24 April 2026, Interim President Rodríguez abruptly announced the termination of the Amnesty Law’s application, a move that NGOs and observers described as arbitrary and unconstitutional.203 The release of prisoners has been decreasing during the past few weeks, as has the approval level of applications.204 As of 10 May 2026, Foro Penal reported that 457 political prisoners remained incarcerated in Venezuela, including 187 members of the military.205