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January and the establishment of Delcy Rodríguez's interim government, Venezuela is experiencing its largest wave of prisoner releases in decades. However, the gap between official propaganda and the reality verified by Foro Penal remains a point of contention. While the government reports thousands of beneficiaries, including individuals already under precautionary measures before January 3, 2026, Foro Penal maintains a strict count of the remaining 568 political prisoners, 182 of whom are military personnel. The Amnesty Law, passed in February 2026, has allowed for approximately 110 full releases, without charges, of civilians as of the end of February. Nevertheless, the process is slow and selective.
There is a contrast between full freedom and pretrial detention, and this is the main criticism from NGOs. Many of the releases are not genuine, but rather releases with judicial restrictions. High-profile political figures like Freddy Superlano have been granted full freedom. This implies the complete termination of the legal process, allowing them to resume their political activity, speak to the media, and leave the country without restrictions. Their release is interpreted as a valuable bargaining chip in negotiations with Washington. Unlike Superlano, hundreds of detainees have been released under alternative measures, such as house arrest or periodic court appearances (every 15 or 30 days). They are prohibited from leaving the country and speaking to the press. In the vast majority of cases, their passports are confiscated or they are unable to renew them.
For this reason, those who have been detained cannot speak publicly because the precautionary measures can be revoked, arbitrarily nullifying them if the beneficiary violates any political norm. Furthermore, the most excluded sector is the military. While civilian leaders achieve full freedom as a gesture toward the international community, the 182 imprisoned military personnel face a legal and political wall. The Amnesty Law excludes the crimes of rebellion and treason, labels systematically used against dissident military personnel. Their cases are not being heard in civilian courts, but rather in military tribunals controlled by the hardline faction of Diosdado Cabello and Padrino López, who see their release as a risk of indiscipline or a domino effect within the Armed Forces. Releases have been slow and gradual. Although the release of 31 military personnel was reported on February 28, almost all of them were released under precautionary measures, not under the full amnesty granted to some civilians.
The disparity in benefits has led to extreme tensions. At El Rodeo I prison, inmates not included in the Amnesty Law are staging hunger strikes, demanding the elimination of the selective application of benefits. This year, 2026, marks a turning point, but justice remains unequal. While the most visible political figures, Superlano, are granted full freedom to facilitate external negotiations, lesser-known prisoners, and especially military personnel, remain under the yoke of open legal proceedings or behind bars.
As March 2026 progresses, the process of releasing political prisoners in Venezuela is encountering a legal wall strategically designed to criminalize the offenses.
The most obvious case is the Trap of Terrorism and Crimes Against Humanity. One of the biggest obstacles to full freedom is the nature of the charges. Since the 2024 protests, the Venezuelan judicial system has systematically charged the vast majority of detainees with terrorism, incitement to hatred, and criminal conspiracy.
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