MURDER CHARGES DROPPED AGAINST FOUR NATIONAL

C O N F I D E N T I A L CARACAS 001203 SIPDIS NSC FOR CBARTON USCINCSO ALSO FOR POLAD USAID DCHA/OTI FOR RPORTER E.O. 12958: DECL: 06/03/2013 TAGS: PHUM PGOV VE SUBJECT: MURDER CHARGES DROPPED AGAINST FOUR NATIONAL GUARDSMEN CLASSIFIED BY: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASONS 1.4 (B ) AND (D) ¶1. (U) JUDGE JORGE MENDEZ ORDERED FOUR NATIONAL GUARDSMEN (CAPT. WILLIAN CAMPOS, SALVADOR FRANCHI, GUSTAVO PUERTA AND PEDRO BELISARO) RELEASED MARCH 31 AND ALL CHARGES AGAINST THEM DROPPED IN THE NOVEMBER 10, 2003 MURDER OF SEVEN INMATES OF VISTA HERMOSA PRISON IN CIUDAD BOLIVAR, BOLIVAR STATE. THE KILLINGS, WHICH AUTHORITIES CHARACTERIZED AS A GANG CONFRONTATION, WERE WITNESSED BY OTHER PRISONERS AND ALLEGEDLY VIDEOTAPED BY A PRIVATE CITIZEN, ACCORDING TO MEDIA REPORTS. ON JANUARY 21, 2004, THE ATTORNEY GENERAL'S OFFICE REQUESTED THE EXHUMATION OF FIVE OF THE MURDERED PRISONERS TO LOOK FOR EVIDENCE OF WHO KILLED THEM. ¶2. (U) BASED ON FORENSIC EVIDENCE GATHERED FROM THE EXHUMATION, INCLUDING DOWNWARD BULLET TRAJECTORIES AND SEVERE INJURIES FROM BLUNT FORCE TRAUMA, AS WELL AS 20 WITNESS STATEMENTS, ARREST WARRANTS WERE ISSUED FOR THE FOUR NATIONAL GUARDSMEN MARCH 22. HUMBERTO PRADO, DIRECTOR OF THE NGO "GENERAL PRISON OBSERVATION," CHARGED IN A MARCH 25 PRESS INTERVIEW THAT THE EVIDENCE AGAINST THE FOUR WAS OVERWHELMING. AFTER THE CHARGES AGAINST THEM WERE DROPPED, PRADO TOLD DAILY TALCUAL THAT THE JUDGE HAD PRACTICALLY GIVEN THEM A "LICENSE TO KILL PRISONERS." THE JUDGE DISCOUNTED WITNESS STATEMENTS FROM PRISONERS ON THE BASIS THAT THEY COULD BE CONSIDERED ENEMIES OF THE ACCUSED. -------------- COMMENT -------------- ¶3. (C) IN AN UNUSUAL DISPLAY OF JUDICIAL COMPETENCE, THE GOV APPEARED TO BE CONDUCTING A PROPER, INDEPENDENT INVESTIGATION OF PROBABLE EXTRAJUDICIAL KILLINGS BY SECURITY FORCES. THE DECISION BY THE PROVISIONAL JUDGE TO DROP THE CHARGES, AND THE DUBIOUS REASON FOR DOING SO, SUGGESTS THAT THE RAMPANT CORRUPTION IN THE JUDICIAL SYSTEM MAY HAVE TRIUMPHED OVER ATTEMPTS AT PROFESSIONALISM ONCE AGAIN. SHAPIRO NNNN 2004CARACA01203 - CONFIDENTIAL