Critics say changes in Venezuela law could erode rights

CARACAS (CNN) -- Venezuela's National Assembly began this week to weigh passage of 25 constitutional amendments sought by President Hugo Chavez, which critics said could result in the suspension of due-process protections.

The pro-Chavez legislature already has approved 33 other changes to the constitution. They are to be considered in a referendum slated for December 2.

"We will do what we have to do to approve the constitutional reforms that the president proposes because that is what the people want," said Iris Varela, a pro-Chavez member of parliament.

But Jose Miguel Vivanco, Americas director at the New York-based Human Rights Watch, expressed fear the changes could do more harm than good.

"This amendment, if approved, would allow President Chavez to invoke a state of emergency to justify suspending certain rights that are untouchable under international law," Vivanco said.

These include the presumption of innocence and rights to a fair trial, to an attorney, against self-incrimination, for a defendant to know the charges and evidence against him, and against double jeopardy, he said.

The proposed amendments would eliminate limitations on how long a state of emergency could last and the requirement that a constitutional tribunal review the suspension of rights during times of emergency, Vivanco said.

They also would get rid of language requiring that any such decree "meet the requirements, principles and guarantees established in the International Covenant on Civil and Political Rights and the American Convention on Human Rights," he said.

Advocates of the amendments have cited the ill-fated 2002 coup attempt against the socialist president as evidence of the need for constitutional reform.

But Vivanco disagreed. "Recent Latin American history shows that it is precisely during states of emergency that countries need strong judicial protections to prevent abuse," he said. "Otherwise, what has historically prevailed is the brutal exercise of power."

The discussion of overhauling Venezuela's Constitution, a Chavez priority, is expected to continue into November.

Opposition forces have called for demonstrations against the proposed constitutional changes.

"What they are doing is cleaning it up, so that it becomes more likely that Chavez will be able to declare a state of exception -- that is our fear," said Henry Ramos Allup, director of the opposition party Democratic Action. E-mail to a friend

CNN's Flor Santamaria contributed to this report.

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