CARACAS – An independent commission should be created in Venezuela to investigate alleged invasions, expropriations and irregular seizures of companies, homes, land and other private assets during the governments of Hugo Chávez and Nicolás Maduro, according to a proposal aimed at addressing property disputes accumulated over more than two decades.
The proposed commission would be tasked with examining claims from Venezuelans who say they were deprived of property through administrative decrees, allegedly manipulated judicial decisions, threats, arbitrary detention and actions involving armed colectivos.
The proposal also calls for investigations into allegations that notarial documents and property sales were falsified in some cases, including transactions allegedly carried out in the names of people who had already died.
Under the proposal, an official public registry of claims would be established to document cases and help reconstruct the ownership history of disputed properties. Investigators would also seek to identify government officials and private individuals who may have participated in irregular transactions or seizures.
Any evidence of corruption, document falsification, extortion or illegal appropriation uncovered by the commission would be referred to judicial authorities for possible prosecution.
Where an unlawful seizure can be proven, the proposal calls for the property to be returned to its legitimate owner. When physical restitution is no longer possible, victims would instead be entitled to fair compensation.
However, the proposed process would also require evidence, due process and the right of accused parties to defend themselves. Particular protection would be provided to third parties who subsequently acquired disputed assets legitimately and in good faith.
The proposal stresses that resolving past property disputes should not result in new arbitrary confiscations or violations of property rights.
Property rights and legal certainty are presented as essential elements of any broader effort to rebuild Venezuela's economy and institutions. According to the proposal, economic recovery alone would be insufficient without addressing claims from people who say their assets were improperly taken through the use or abuse of state power.
The initiative argues that restoring private property rights, providing legal certainty and establishing mechanisms to compensate victims should therefore form part of any future national reconstruction process in Venezuela.