The immigration authorities of Aruba denied asylum to a woman who left Venezuela fearing that her fate would be the same as her husband’s, a worker at the Punta Cardón municipal cemetery, who was allegedly murdered by his superiors.
The woman, currently 46 years old, entered the island on August 20, 2017. She claimed she was there for tourism purposes. However, by that time, it had only been three weeks since her husband’s body was found, Claudio Rafael Núñez.
Núñez, who was 38 years old, was killed with two gunshots and left in a bushy area of Bella Vista, adjacent to the Alí Primera Intercommunal Avenue in the Falcon city.
Based on the level of decomposition, forensic experts deduced that the crime may have occurred two days prior, on July 27. That same day, the woman filed a missing person report for the worker, who she last saw on Tuesday, July 25.
Judicial police investigators could not precisely determine the motive behind this violent death. Before the authorities in Aruba, his widow claimed he had witnessed illegal activities at the cemetery.
Records from the trial underway in an island court, presided over by Judge Naftali Engelbrecht, indicate that Núñez discovered that the materials for construction and maintenance of the municipal cemetery were being stolen.
“His boss was the one selling the materials to others. (Núñez) spoke with his boss about this because he was responsible for the materials. His boss told him not to get involved. Then, he went to work on July 25, 2017, and never returned home,” according to the account provided by the woman.
The widow of Núñez alleged that police authorities were covering up this crime, as the investigations made little progress. Additionally, she stated that the case file was passed from hand to hand without reaching full identification of the perpetrator.
According to this woman’s claims, just days after the crime, she began receiving calls demanding that she stop pressing the authorities for clarification on the case. Otherwise, her children would face the consequences.
Consultations with NGOs
The woman took more than eight months to formalize her asylum request in Aruba. It was May 2018, and she was without financial resources. She stated that she had sought assistance from the local Red Cross before turning to the authorities.
However, the Ministry of Labor, Energy, and Integration of the island did not rule in her favor. Apparently, those pursued by violent crime in Venezuela do not qualify for asylum. This argument was upheld by Judge Engelbrecht.
“It has not been established that the applicant and/or her family have well-founded fears of persecution based on race, religion, nationality, membership in a particular social group, or political beliefs,” she stated in her ruling.
The lawyer also does not see any risk of persecution if the woman is repatriated.
On this matter, the director of the Venezuelan Violence Observatory, Roberto Briceño León, has a different perspective.
According to the expert, the fact that the woman might know the alleged perpetrators of the murder puts her in a risky situation. Being a potential witness, her argument would carry more weight.
“The claim of threat is credible. However, what countries do with these cases is another story,” he asserted.
Briceño has advised international organizations working with those displaced by violence. He recalled that previously, Venezuelans were received upon confirming they could be at risk of victimization by organized gangs.
“One of the things that has changed is the number of applicants and the capacity of countries to assimilate them… For any society, it is not easy to receive hundreds or thousands of people seeking asylum,” he pointed out.
The judge’s ruling was not entirely adverse to the Venezuelan’s aspirations. Apparently, officials from the Ministry of Labor and Integration did not present any argument during the appeal hearing. Therefore, the judge opened a three-month period for the Aruban Executive to submit its arguments.
Javier Ignacio Mayorca
Chronicles of the Caribbean
