Our categories of human rights do not expressly include it. Nevertheless, by extension, based on the analysis and interpretation of human rights, it is excluded neither. It enters as a right inherent in both individuals and corporations.
I have always thought that making human rights positive and expressly consecrated is always necessary. That has been the historical trend since the very beginning of human culture: natural rights, once the laws are written, are vested with all the legal guarantees of their enforceability: every right gives rise to duty, Kant said.
What has happened with the executive directors of brokerage house Econoinvest, Judge María Lourdes Afiuni, ex-police chief Ivan Simonovis and the other commissioners, among many others, demonstrates the need to explicitly consecrate the human right to a fair trial and, meanwhile, continue to construe it unnamed, as valid, universal and enforceable any other human rights.
In that sense, it is necessary to reverse the reform of the COPP 2012. It has been a step backward in human rights by eliminating jurors and several rights of crime victims. That is, for a trial to be fair, all unjust laws should be removed: starting with the annulment of the reform of the Venezuelan Organic Code of Criminal Procedure.
José Vicente Rangel clearly said: "We are not conducting negotiations threatened with a gun in the head." He warned behind closed doors in the midst of the social upheaval occurred during the oil strike in 2002 and 2003. Dissenting Timoteo Zambrano answered back that no other option was available: "The thing is that otherwise, you do not negotiate."