SUPREME COURT LAW REEMERGES

C O N F I D E N T I A L CARACAS 001348

SIPDIS


NSC FOR CBARTON
USCINCSO ALSO FOR POLAD
USAID DCHA/OTI FOR RPORTER

E.O. 12958: DECL: 11/28/2013
TAGS: PGOV PHUM KDEM VE
SUBJECT: SUPREME COURT LAW REEMERGES

REF: A. 2003 CARACAS 03406


B. 2003 CARACAS 01852

C. CARACAS 01267

Classified By: Abelardo A. Arias, Political Counselor, for reasons 1.4
(B) and (D)

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Summary
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1. (U) Pro-GOV National Assembly (AN) deputies reestablished
the Supreme Court Law as a legislative priority April 15,
after the bill laid dormant since 2003. The Constitutional
Chamber of the Supreme Court removed potential legal
roadblocks to the bill with a 3 to 2 January 26 ruling
asserting the AN could pass the law with a simply majority.
The law would expand the court from 20 to 32 members and
allow new justices to be approved by a simple NA majority,
leading to charges of GOV court packing. Opposition
legislators continue a strategy of delay and filibuster that
began in August, 2003. End Summary.

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Supreme Court Law: From Backburner to Full Throttle
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2. (U) After placing the Supreme Court Law on the backburner
since last year, the pro-GOV Bloque de Cambio of National
Assembly (AN) legislators vigorously resumed attempts to pass
it April 15. The Bloque de Cambio approved four articles
during 16 hours of debate that concluded at 8 a.m. April 16,
and has continued to debate the bill, albeit with turtle's
progress, in lengthy session April 20. The Assembly has
approved 14 of the bill's 29 articles have since debate began
last August due to opposition delay tactics.


3. (C) AN Deputy Leopoldo Martinez told poloffs April 15 that
he suspects the pro-GoV effort is timed to intimidate Supreme
Court (TSJ) justices who are considering the validity of
signatures gathered to convoke a recall referendum on
President Hugo Chavez (ref c). He claimed before April 15
pro-GOV legislators seemed content to postpone the bill's
passage pending a clear result to the recall question, but
now "Chavez is cracking the whip." He claimed Chavez is
playing an "all or nothing game" that could backfire as
justices react defensively to the not-so-subtle bullying.


4. (C) Martinez predicted the pro-Chavez coalition known as
the Bloque de Cambio could pass the bill in less than a month
without changing debating rules as they have done in the
past, by passing marathon session extensions and ignoring
other pending legislation. COPEI SecGen Cesar Perez Vivas
told poloff March 9 that the opposition could stall the bill
until after August. The opposition deputies have also set up
a "duty roster" to ensure they have votes on hand for the
procedural votes to delay action.

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SUPREME COURT FACILITATE PASSAGE OF SUPREME COURT LAW
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5. (U) The Venezuelan Supreme Court (TSJ) released a ruling
January 26 clarifying that only a simple majority vote is
needed to pass the controversial Supreme Court Law in the
National Assembly (NA). The Court's five-member
Constitutional Chamber ruled 3-2 that the 1999 Constitution
did not require a two-thirds majority vote for an organic law
that modifies an existing organic law. They argued the new
1999 constitution only requires a two-thirds majority to
approve all new organic laws.


6. (U) The decision generated public criticism from
opposition leaders and current and former members of the
Supreme Court. Justices Antonio Garcia and Pedro Rondon, who
voted against the decision, argued that because the proposed
law is a replacement for the existing Supreme Court Law,
which preexists the 1999 Constitution, it should not be
considered "new" nor be subject to the Constitution's simple
majority stipulation for "new" laws. Additionally, they
claim the ruling destroys the organic designation, a valuable
legal tradition that protects institutions from political
tinkering with the stricter two-thirds requirement. Garcia
said the ruling gave the assembly a "blank check" to

influence government institutions because the new voting
standard is a majority of legislators present. Because a
quorum consists of 84 deputies, Garcia asserted, the law
could be passed with the support of 43 legislators, or 25
percent of the 165-person Assembly.

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Still Waiting For Rule Changing Session
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7. (C) To expedite the law's passage, the Bloque de Cambio
has threatened to speed the process by changing internal NA
rules, a maneuver they have used six times in the past four
years. Opposition legislators warn the new proposed changes,
including temporary suspensions of deputies for disrupting
sessions, would make the assembly a rubber stamp for
President Hugo Chavez and violate their democratic rights to
participation. Bloque de Cambio legislators argue that the
opposition shouldn't be allowed to block their initiatives
indefinitely with stalling tactics.

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Law Would Change Court Composition
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9. (U) The Supreme Court law, a legislative priority for the
Chavez government, would expand the court from 20 to 32
members and allow new justices to be approved by a simple AN
majority. The current justices were elected by a two-thirds
majority. Bloque de Cambio legislators have been trying to
pass the law from the Assembly floor since August 2002, but
opposition delaying tactics have minimized GOV progress to an
average of two articles per session (ref a). Opposition
deputies fear the law would allow the Bloque de Cambio's slim
majority to pack the court with pro-GOV justices. Bloque de
Cambio legislators argue more justices are needed for the
increased workload the Court would receive under the law.

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Comment
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10. (C) The TSJ Law would give Chavez a stranglehold over the
judicial branch, as the TSJ is also tasked with appointing
subordinate judges. It has been a priority for the National
Assembly's pro-Chavez majority for some time. Opposition
deputies have not made it easy for the Chavistas to make
progress on the legislation, but theirs is a losing battle.
The Supreme Court decision clinched passage of the bill for
Chavez, and it is only a matter of time before greater
control of the judiciary is his.
SHAPIRO


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2004CARACA01348 - CONFIDENTIAL