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.

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COMMENT
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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

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2004CARACA01203 - CONFIDENTIAL