ELECTORAL CHAMBER REAFFIRMS ITS JURISDICTION

C O N F I D E N T I A L CARACAS 001133

SIPDIS


NSC FOR TSHANNON AND CBARTON
USCINSO ALSO FOR POLAD
STATE PASS USAID FOR DCHA/OTI

E.O. 12958: DECL: 03/30/2014
TAGS: PGOV PHUM KDEM VE
SUBJECT: ELECTORAL CHAMBER REAFFIRMS ITS JURISDICTION

REF: A. CARACAS 01080


B. CARACAS 00923 AND PREVIOUS

Classified By: Political Counselor Abelardo A. Arias for Reason 1.4(d)

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Summary:
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1. (C) The Electoral Chamber of Venezuela's Supreme Court
(TSJ) March 29 confirmed its jurisdiction in matters
concerning the National Electoral Council (CNE) and urged the
TSJ en banc to decide the jurisdictional dispute between the

SIPDIS
court's Electoral and Constitutional chambers (reftels).
Citing the continuing dispute, pro-GoV CNE Director Jorge
Rodriguez said March 30 that the CNE will delay its
announcement regarding an appeals process (reparo),but will
announce final figures for signatures soon. The Electoral
Chamber also exhorted CNE, the opposition and the GoV to find
a political solution. In the end, it is perhaps the most
realistic hope for scheduling a presidential referendum. End
summary.

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Electoral Chamber Says It's Good Enough
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2. (U) The Electoral Chamber of Venezuela's Supreme Court
(TSJ) batted the ball back March 29 when it confirmed its
jurisdiction in matters concerning the National Electoral
Council (CNE) and suggested that the TSJ should meet en banc
to decide the growing dispute between the court's Electoral
and Constitutional chambers. The statement is the most
recent salvo in a series of competing pronouncements coming
from the rival court chambers since March 15, when the
Electoral Chamber first instructed the CNE to include over
870,000 signatures in the count towards a presidential
referendum (reftels). The TSJ Constitutional Chamber had
issued a decision March 23 purporting to nullify the
Electoral Chamber's March 15 decision (reftel B).

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Statement Asks Court and Parties to Settle the Matter
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3. (U) The Electoral Chamber's March 29 statement rebutted
point-by-point the Constitutional Chamber's recent
pronouncement, arguing that the Electoral Chamber was not a
subordinate tribunal as the Constitutional Chamber's March 23
ruling suggested. The Electoral Chamber also referred to
Article 297 of the Venezuela constitution, which assigns the
Electoral Chamber purview over issues regarding the CNE. The
Electoral Chamber also urged the entire TSJ to meet en banc
to settle the growing "dispute on court authority." In
addition, the Electoral Chamber called on the litigants in
the subject case, the CNE, the opposition and the GoV, to
craft an agreement on the appeals process "in the spirit of
conciliation" to avoid further delays in the courts.

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CNE GoV Rep: I Told You This Would Hurt
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4. (U) Pro-GoV CNE Director Jorge Rodriguez said March 30
that, in response to the Electoral Chamber announcement, the
CNE will delay its decision on an appeals process (reparo).
Rodriguez said the CNE had planned to issue final signature
figures for the presidential recall March 30, but he will
delay the announcement because the TSJ Electoral Chamber said
the CNE should speak further with the opposition. Rodriguez
reiterated that while the CNE will only comply with TSJ
decisions from Constitutional Chamber, he said the advice of
the Electoral Chamber was "very prudent" and the CNE has
therefore decided to incorporate all parties-- including GoV
and opposition representatives-- in the discussion to design
an appeals process. Rodriguez also scolded the opposition
for pursuing a court action, recalling he had warned that the
judicial route would only slow the process. Rodriguez said
the CNE decision to delay the announcement of signature

figures proves his warning was correct.

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Carter Center Pleased with Electoral Chamber Announcement
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5. (U) Carter Center representative Jennifer McCoy, visiting
in Caracas March 30, said she was "pleased" with the content
of the Electoral Chamber's March 29 statement, noting its
call for continued discussions regarding an appeals process.
McCoy said the Carter Center would await the CNE's announced
results, which she expected would come out by April 2. She
also praised her CNE colleagues, and called on all parties to
guarantee the rights of all Venezuelan citizens.

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Comment:
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6. (C) The Electoral Chamber's announcement, as expected,
reaffirmed its role as the opposition's champion in the TSJ
contests against the pro-GoV Constitutional Chamber. Because
pro-GoV TSJ president Ivan Rincon controls several key
procedural mechanisms, it is unlikely that the case will be
taken up by the full TSJ. Stalling the issue in the sticky
web of TSJ procedures is effectively a Chavez victory. The
Electoral Chamber's exhortation to the parties to find a
political solution is, in the end, the most realistic hope
for scheduling a presidential referendum.
SHAPIRO


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2004CARACA01133 - CONFIDENTIAL