Council Implementing Regulation (EU) 2019/1586 of 26 September 2019 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela

27.9.2019 EN Official Journal of the European Union L 248/1 II (Non-legislative acts) REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) 2019/1586 of 26 September 2019 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EU) 2017/2063 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela (1), and in particular Article 17(1) thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: (1) On 13 November 2017, the Council adopted Regulation (EU) 2017/2063. (2) On 16 July 2019, the High Representative issued a declaration on behalf of the Union which stated that the political crisis and economic collapse in Venezuela continued to take a heavy toll in the population as illustrated by the fleeing of 4 million people from Venezuela and that the crisis also remained a major source of instability for the region. (3) The Declaration underlined that the recently published report of the UN High Commissioner for Human Rights (UN HCHR) (‘the report’) confirmed in a clear and detailed manner, the extent and seriousness of the human rights violations, the erosion of the rule of law and the dismantlement of democratic institutions in Venezuela. Moreover, the Declaration mentioned the tragic death of Captain Acosta Arévalo while in the custody of the Venezuelan security forces as a stark example of the continued deterioration of the human rights situation. (4) The Union has strongly supported the findings of the report and has called upon the regime for an immediate halt of the widespread human rights violations and to engage in full cooperation with the Office of the United Nations High Commissioner for Human Rights and all UN Special Procedures to secure the implementation of the recommendations in the report. The Union has also indicated that it is ready to start work towards applying targeted measures for those members of the security forces involved in torture and other serious violations of human rights. (5) In light of the continuing grave situation in Venezuela, as also reported by the UN HCHR, and the responsibility for serious human rights violations, including torture, committed by parts of the Venezuelan security and intelligence forces in support of the regime, seven persons should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures in Annex IV to Regulation (EU) 2017/2063. (6) Annex IV to Regulation (EU) 2017/2063 should therefore be amended accordingly, (1) OJ L 295, 14.11.2017, p. 21.L 248/2 EN Official Journal of the European Union 27.9.2019 HAS ADOPTED THIS REGULATION: Article 1 Annex IV to Regulation (EU) 2017/2063 is amended as set out in the Annex to this Regulation. Article 2 This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 26 September 2019. For the Council The President T. HARAKKA27.9.2019 EN Official Journal of the European Union L 248/3 ANNEX The following persons are added to the list of natural and legal persons, entities and bodies set out in Annex IV to Regulation (EU) 2017/2063: Name Identifying information Reasons Date of listing ‘19. Nestor Blanco Date of birth: 26 September Major in the Bolivarian National Guard 27.9.2019 Hurtado 1982 (GNB), operated alongside officials in the Directorate-General of Military Counter- ID number: V-15222057 Intelligence (Dirección General de Contra­ Gender: male inteligencia Militar (DGCIM)) since at least December 2017. Responsible for serious human rights violations, including tor­ ture, the use of excessive force and the mistreatment of detainees in DGCIM facilities. 20. Rafael Ramon Date of birth: 28 February Deputy Director of the Directorate-Gen­ 27.9.2019 Blanco Marrero 1968 eral of Military Counter-Intelligence (Dirección General de Contrainteligencia Mili­ ID number: V-6250588 tar (DGCIM)) since at least Decem­ Gender: male ber 2018 and Division General of the Venezuelan Bolivarian National Army since 5 July 2019. Responsible for se­ rious human rights violations, including torture, the use of excessive force and the mistreatment of detainees in DGCIM facilities that were committed by DGCIM officials under his command. Linked to the death of Captain Acosta. 21. Carlos Calderon Gender: male Senior office holder (referred to as Com­ 27.9.2019 missioner, Director and Director General) in the Bolivarian National Intelligence Service (SEBIN). Responsible for serious human rights violations, including tor­ ture, the use of excessive force and the mistreatment of detainees in SEBIN facil­ ities. In particular, he participated in and was responsible for acts of torture and the cruel, inhuman and degrading treat­ ment of detainees in El Helicoide, a SEBIN prison. 22. Alexis Enrique Date of birth: 12 October Chief in Charge of the National Office 27.9.2019 Escalona Marrero 1962 Against Organized Crime and Terrorist Financing (ONDOFT). National Com­ Gender: male mander of the National Anti-Extortion and Kidnapping Command (Comando Na­ cional Antiextorsión y Secuestro (CONAS) between 2014 and 2017. Responsible for serious human rights violations, in­ cluding torture, excessive use of force and the mistreatment of detainees by members of CONAS under his com­ mand. Also responsible for the repression of civil society by members of CONAS under his command.L 248/4 EN Official Journal of the European Union 27.9.2019 Name Identifying information Reasons Date of listing 23. Rafael Antonio Date of birth: 14 October Agent in the Bolivarian National In­ 27.9.2019 Franco Quintero 1973 telligence Service (SEBIN). Head of Inves­ tigations at the Directorate-General ID number: V-11311672 of Military Counter-Intelligence (Direc­ Gender: male ción General de Contrainteligencia Militar (DGCIM)) between at least 2017 and December 2018. Responsible for serious human rights violations, including tor­ ture, excessive use of force and the ill- treatment of detainees in DGCIM facil­ ities by members of the DGCIM under his command. Also responsible for the repression of civil society and democratic opposition by members of the DGCIM under his command. Linked to the death of Captain Acosta. 24. Alexander Date of birth: 25 March 1981 Head (Director) of the Special Affairs 27.9.2019 Enrique Granko Division (DAE) of the Directorate-Gen­ ID Number: V-14970215 Arteaga eral of Military Counter-Intelligence Gender: male (Dirección General de Contrainteligencia Militar (DGCIM)). Responsible for serious human rights violations, including tor­ ture, excessive use of force causing death and injury and the ill-treatment of de­ tainees in DGCIM facilities committed by himself and also officials under his com­ mand. Also responsible for the repres­ sion of civil society by members of DGCIM under his command, as well as directly involved in such repression. Linked to the death of Captain Acosta. 25. Hannover Date of birth: 14 January Head of Investigations at the Directorate- 27.9.2019’ Esteban Guerrero 1971 General of Military Counter-Intelligence Mijares (Dirección General de Contrainteligencia Mili­ Gender: male tar (DGCIM)) from at least April 2019 to August 2019. As Head of Investigations he supervised the DGCIM facility in Boleita. Responsible for serious human rights violations, including torture, excessive use of force and the ill-treat­ ment of detainees committed by him and also by officials under his command, particularly in Boleita. Linked to the death of Captain Acosta.