LIEUTENANTS DETAINED IN SOLDIER'S DEATH

C O N F I D E N T I A L CARACAS 001553

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: LIEUTENANTS DETAINED IN SOLDIER'S DEATH


CLASSIFIED BY: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASONS 1.4 (D
)

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SUMMARY
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1. (U) FOUR MEMBERS OF THE MILITARY WERE DETAINED APRIL 28 IN
CONNECTION WITH THE MARCH 5 DEATH OF THE SOLDIER ROBERT
AGUILAR AT SOCUAVO MILITARY BASE IN ZULIA STATE. AGUILAR'S
FAMILY CLAIMS HE DROWNED AFTER SUPERIOR OFFICERS PUT HIM IN A
TANK OF SEWAGE AS PUNISHMENT. DEFENSE MINISTER GEN. JORGE
LUIS GARCIA CARNEIRO DENIED THAT AGUILAR WAS BEING PUNISHED,
ASSERTING THAT OFFICERS CAUSED HIS DEATH WHEN THEY FAILED TO
FOLLOW STANDARD PROCEDURES DURING SWIMMING PRACTICE.
MILITARY AUTHORITIES ARE ALSO INVESTIGATING THE DEATH OF THE
SOLDIER JOHN KERVIN DURAN FEBRUARY 27 AT FORT TIUNA IN
CARACAS. DURAN REPORTEDLY DIED AFTER SEVERAL UNEXPLAINED
TRIPS TO THE HOSPITAL, AND HIS FAMILY WAS NOT PERMITTED TO
SEE HIS BODY. ARMY COMMANDER GEN. RAUL BADUEL TOLD THE PRESS
APRIL 24 THAT IT IS "STRANGE" THAT DURAN'S FAMILY WAITED TWO
MONTHS TO ACCUSE THE MILITARY OF CAUSING HIS DEATH.
INVESTIGATIONS OF BOTH DEATHS CONTINUE. END SUMMARY.


2. (U) ARMY SOLDIER ROBERT AGUILAR DROWNED MARCH 5 AT SOCUAVO
MILITARY BASE IN ZULIA STATE. FOUR MEMBERS OF THE MILITARY,
INCLUDING SECOND LTS. OSCAR DANIEL GUEDEZ AND JOSE LUIS
UZCATEGUI, WERE DETAINED APRIL 28 IN CONNECTION WITH THE
DROWNING. THE OFFICERS FACE CHARGES OF QUALIFIED HOMICIDE,
ABUSE OF AUTHORITY, DISOBEDIENCE, AND CAUSING INJURY TO A
FELLOW SOLDIER. AGUILAR'S FATHER TOLD THE PRESS APRIL 21
THAT TWO OFFICERS FROM THE BASE BROUGHT HIS SON'S BODY TO
HIM, SAYING THAT HE HAD DROWNED ACCIDENTALLY DURING SWIMMING
PRACTICE AND THREATENING THE FATHER AND HIS OTHER SON IF THEY
FILED A COMPLAINT. THE FATHER CHARGED THAT AGUILAR, WHO
COULD NOT SWIM, HAD DROWNED AFTER GUEDEZ AND UZCATEGUI PLACED
HIM IN A TANK OF SEWAGE AS PUNISHMENT FOR SLEEPING ON DUTY.


3. (U) DENYING THAT AGUILAR DIED WHILE BEING PUNISHED,
DEFENSE MINISTER GEN. JORGE LUIS GARCIA CARNEIRO SAID APRIL
23 THAT THE PRELIMINARY INVESTIGATION SUGGESTED THAT
AGUILAR'S COMMANDING OFFICERS EXHIBITED "IMPRUDENCE" WHEN
THEY FAILED TO FOLLOW STANDARD PROCEDURES DURING A SWIMMING
PRACTICE. GARCIA CARNEIRO SAID THAT THOSE OFFICERS WOULD BE
DISCIPLINED, AND THAT A MILITARY TRIBUNAL WOULD RULE ON THE
MATTER SHORTLY. THE ZULIA STATE PROSECUTOR'S OFFICE HAS
FILED A MOTION FOR THE CASE TO BE TRIED IN CIVILIAN COURT.


4. (U) ON FEBRUARY 27, SOLDIER JOHN KERVIN DURAN DIED AT FORT
TIUNA IN CARACAS, REPORTEDLY AFTER SEVERAL UNEXPLAINED TRIPS
TO THE HOSPITAL. SPEAKING TO REPORTERS, ONE RELATIVE CLAIMED
TO HAVE SEEN BRUISES ON DURAN'S FACE AND UPPER BODY, THOUGH
THE AUTOPSY INDICATED NO INTERNAL OR EXTERNAL INJURIES. THE
REST OF THE FAMILY WAS UNABLE TO SEE THE BODY BECAUSE THE
HOSPITAL HAD BEEN PLACED UNDER QUARANTINE, ACCORDING TO NEWS
REPORTS. ARMY COMMANDER GEN. RAUL BADUEL CAST DOUBT ON THE
CREDIBILITY OF THE DURAN FAMILY'S CLAIMS, BECAUSE THEY HAD
WAITED "ALMOST TWO MONTHS AFTER THE FACT" TO QUESTION THE
CIRCUMSTANCES OF HIS DEATH. GEN. BADUEL IMPLIED THAT THEY
WERE ALLOWING THEMSELVES TO BE USED BY THE GOV'S ENEMIES.
THE FAMILY EXPRESSED ITS CONCERNS ON THE MILITARY'S HANDLING
OF DURAN'S CASE TO THE PRIVATE TV BROADCASTER GLOBOVISION
APRIL 23. SPEAKING TO THE PRESS APRIL 24, BADUEL INSISTED
THAT "THE ARMED FORCES ARE NOT CONCEALING IMPROPER ACTS."

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COMMENT
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5. (C) GEN. BADUEL'S ASSURANCES NOTWITHSTANDING, THE MILITARY
IS TRYING TO CONCEAL ITS MISDEEDS AND SENDING THE MESSAGE
THAT THE PHYSICAL ABUSE OF SUBORDINATES BY OFFICERS IS
NORMAL. SUCH ABUSE HAS BEEN A COMMON PRACTICE IN THE
MILITARY BUT RECEIVED LITTLE ATTENTION UNTIL THE OPPOSITION
REALIZED ITS POTENTIAL AS A POLITICAL WEAPON. A RECENT
EXCEPTION WAS THE CASE OF ARMY LT. ALESSANDRO SICCAT, NOTED
IN OUR ANNUAL REPORT ON HUMAN RIGHTS PRACTICES. SICCAT WAS
CONVICTED BY A CIVILIAN COURT FOR THE JANUARY 2001 BURNING
AND MURDER OF AN ALLEGEDLY DISOBEDIENT SOLDIER.
SHAPIRO

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2004CARACA01553 - CONFIDENTIAL