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RED VZLA Urgent Request to the OTP-3

REDACTED Page 108 of 190 B.Underling acts constituting crimes against humanity The Authors submit that at least the following crimes have been committed: i)murder pursuant to Article 7(a); ii)imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law pursuant to Article 7(e); iii)torture pursuant to Article 7(f); iv)persecution against any identifiable group on political grounds pursuant to Article 7 (h); and v)other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health pursuant to Article 7 (h) of the Rome Statute were committed. 1.Murder as a crime against humanity The actus reus of the crime of murder consists in the fact that a "perpetrator killed one or more persons".443 The ICTR Pre Trial Chamber further defined the elements of murder as follows: “1. The victim is dead; 2. The death resulted from an unlawful act or omission of the accused or a subordinate; 3. At the time of the killing the accused or a subordinate had the intention to kill or inflict grievious bodily harm on the deceased having known that such bodily harm is likely to cause the victim’s death, and is reckless whether death ensues or not.”444 The members of the National Police (under the command of Commandant Manuel Eduardo Pérez Urdaneta), the Bolivarian National Guard (under the direction of Gral. General Antonio José Benavides Torres), the SEBIN (under the direction of Gral. Manuel Gregorio Bernal Martínez from January 24 to February 17 and subsequently Gral. Gustavo Enrique González López), various state police agencies following direct orders from the Governors of the relevant state including the Governor of Carabobo, Colonel Francisco Ameliach; the Governor of Aragua, Tareck El Aissami; the Governor of Táchira, Captain José Gregorio Vielma Mora and the Governor of Merida Alexis Ramirez, along with pro government armed paramilitaries under the de facto control of the Executive and in particular of the President Maduro himself, openly fired live 443 Elements of Crimes, Article 7(1)(a)(1) [Where does this come from?] 444 ICC. Prosecutor v Akayesu. Judgment Trial Chamber. 2 September, 1998. para. 589

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