Venezuelan human rights lawyer Gonzalo Himiob, vice president of the non-governmental organization Foro Penal, has publicly challenged the constitutionality of the government’s announcement to terminate the 2026 Amnesty Law, asserting that only the National Assembly or a popular referendum can lawfully end the legislation.
Himiob, speaking through his verified social media account on April 24, 2026, emphasized that the Amnesty Law, enacted by Venezuela’s National Assembly acting as a legislative body under Article 202 of the Constitution, holds the same legal standing as any other national law and therefore cannot be unilaterally revoked by the Executive Branch.
“The Executive Branch cannot deprive any law of the Republic of its validity,” Himiob stated, citing Article 218 of the Venezuelan Constitution, which establishes that laws may only be repealed by another law or abrogated through a popular referendum.
His remarks come amid growing scrutiny over the limited impact of the 2026 Amnesty Law, which Himiob attributed to insufficient attention from both the National Assembly and the Executive to early criticisms of the law’s text, as well as a lack of genuine commitment from judicial authorities to implement it in accordance with its intended principles.
“The organs of justice administration, which are part of the same repressive system that made the amnesty necessary, never truly had the disposition or capacity to apply the Amnesty Law respecting its spirit or the principles it contains,” Himiob explained, noting that these structural shortcomings reflect deeper flaws within Venezuela’s judicial framework.
He further argued that even if the Amnesty Law were perfectly designed, its success depends not only on legislative approval but as well on the establishment of clear implementation procedures, stressing that amnesties do not operate automatically and require sustained institutional will to be effective.
“Even if today the best possible amnesty were approved, that does not imply all prisoners would return home today. Surely a procedure for its application would be established,” Himiob said, underscoring that amnesty represents an crucial step—but not the final one—in the pursuit of national reconciliation and justice.
Himiob reiterated that Foro Penal remains committed to advocating for the release of all political prisoners, regardless of the Amnesty Law’s fate and urged continued persistence in the struggle for freedom, noting that “constancy is key” in human rights advocacy.
His statements align with previous public comments made during the National Assembly’s second debate on the Amnesty Law in February 2026, where he warned that approving the law would not automatically result in the immediate release of detainees and stressed the importance of demonstrating genuine political will for reconciliation from a human rights perspective.
The lawyer’s constitutional argument has drawn attention from legal experts and civil society monitors, who note that Venezuela’s political climate has seen increasing tensions over the separation of powers, particularly regarding the Executive’s attempts to influence or override legislative acts.
As of April 25, 2026, no official response has been issued by the Venezuelan Executive or the National Assembly addressing Himiob’s constitutional challenge, and the status of the Amnesty Law remains uncertain amid ongoing debates about its scope, implementation, and political viability.
For updates on legislative developments concerning the Amnesty Law or related human rights issues in Venezuela, readers are encouraged to consult official sources such as the National Assembly’s website, the Attorney General’s Office, and verified reports from international human rights organizations.
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