The amnesty represents a significant policy shift from the government’s long-standing position that Venezuela held no political prisoners. Yet skepticism persists about how the law will be implemented and which cases will gain approval—particularly where judicial discretion determines eligibility.
Venezuela’s acting President Delcy Rodríguez signed an amnesty law on Thursday, marking a major policy shift following last month’s U.S. military raid that captured then-President Nicolás Maduro. The law is expected to free hundreds of political activists and human rights defenders detained during the government’s 27-year tenure.
But the measure drew a muted reception from opposition members, prisoners’ rights groups, and families of those still detained, who said the amnesty falls short of demands and excludes some of those most in need of release. Military members are notably excluded from the measure.
How the law works
Under the amnesty, trial courts must approve each release request within 15 days. The law grants amnesty for crimes committed during specific periods since 1999 marked by politically driven conflicts, including acts during the 2024 presidential election and 2025 legislative and regional elections.
According to Foro Penal, a Venezuela-based prisoners’ rights group, 2,742 people detained in the context of those elections are eligible for amnesty. Of those, 321 remain in custody, while 2,186 were released but must comply with court conditions such as regular check-ins. Foro Penal has counted 448 releases since January 8, when Rodríguez’s government announced it would release “a significant number” of detainees.
Implementation faces judicial scrutiny
The judicial oversight requirement has fueled skepticism about how amnesty applications will be handled. “The law benefits a significant group of people, but the essence of the problem Venezuela is experiencing regarding political persecution remains,” Alfredo Romero, president of Foro Penal, told reporters. He added that “the same judges and prosecutors who have unjustly or arbitrarily accused people are the same judges whom the law itself designates to interpret the law in order to grant benefits.”
Romero underscored that the law is not a prerequisite for the government to free prisoners. Venezuela-based Foro Penal estimates more than 600 people remain in custody for political reasons.
Who is excluded
The amnesty law excludes those convicted of human rights violations, war crimes, murder, drug trafficking, or corruption. It also denies relief to those prosecuted or convicted of promoting armed or forceful actions against Venezuela by foreign states, corporations, or individuals.
This exclusion could leave out opposition members who have supported U.S. President Donald Trump’s Venezuela policy, including María Corina Machado.
Jhon Hader Betancurt exemplifies the law’s limitations. He is serving a 30-year sentence for treason and rebellion after being photographed shaking hands with an opposition leader in 2019. Although Foro Penal classifies him as a political prisoner, his wife Claudia Morillo noted that he remains ineligible for amnesty because authorities labeled his case military rebellion even though he is a civilian. “Put your hand on your heart,” Morillo urged officials. “If we are truly talking about reconciliation, act truthfully and justly.”
Reactions from exile
The amnesty law allows people living in exile to seek amnesty through a lawyer, removing the requirement to return to Venezuela to file in person. Once someone abroad has filed for amnesty, the law shields them from arrest when they return for their scheduled court rulings.
Magalli Meda, Machado’s 2024 campaign manager, rejected the amnesty law. Meda has been in exile since May, when she and other Machado staffers left the Argentine diplomatic compound in Caracas after sheltering there for more than a year to avoid arrest. “Who can be free in Venezuela under these terms of amnesty?” Meda wrote on X. “They are trying to whitewash their image. They want us to forget their crimes and act with impunity forever. They want a country of slaves and accomplices, and they intend to expel anyone who isn’t one of them.”
Delcy Rodríguez said the amnesty measure showed leaders were “letting go of a little intolerance and opening new avenues for politics in Venezuela.” Yet the language of reconciliation has not yet resonated with those most affected by decades of detention and the conditions attached to release.