Identifier
Created
Classification
Origin
04CARACAS1740
2004-05-20 19:44:00
CONFIDENTIAL
Embassy Caracas
Cable title:  

VENEZUELA'S DETENTIONS RECORD: POLITICALLY

Tags:  PHUM PGOV VE 
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C O N F I D E N T I A L CARACAS 001740 

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: VENEZUELA'S DETENTIONS RECORD: POLITICALLY
MOTIVATED?

REF: A) CARACAS 00950 B) 03 CARACAS 3161 C) 03
CARACAS 2032

Classified By: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASONS 1.4 (B
) AND (D)

-------
SUMMARY
-------

C O N F I D E N T I A L CARACAS 001740

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: VENEZUELA'S DETENTIONS RECORD: POLITICALLY
MOTIVATED?

REF: A) CARACAS 00950 B) 03 CARACAS 3161 C) 03
CARACAS 2032

Classified By: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASONS 1.4 (B
) AND (D)

--------------
SUMMARY
--------------


1. (C) More than 400 persons detained during the February
27-March 5 political disturbances have been released, but
many still face pending charges. Since December 2002, the
detention, or threatened detention, of individuals aligned
with the opposition has increased. Some of the persons
detained in connection with the events of April 11, 2002 are
either still jailed, facing pending charges, or expecting to
be charged shortly. Opposition leaders accuse the GOV of
using detentions to distract and intimidate them as they seek
to focus on a peaceful, electoral solution to Venezuela's
political impasse. End Summary.

--------------
Prisoners Freed, But Many Cases Still Open
--------------


2. (C) The opposition umbrella group Coordinadora Democratica
(CD) claimed more than 400 Venezuelans were jailed for
political reasons during the height of the February 27-March
5 protests, a number confirmed by various international human
rights organizations. At least three judges were dismissed
after they ordered the release of detained protesters for
lack of evidence to support the charges against them. The
head of the CD,s Judicial Committee, D,lsa Solorzano, told
poloff April 26 that two detainees remain in Caracas. The
directors of PROVEA and COFAVIC (human rights NGOs),however,
told poloffs subsequently that all detainees have been
released, although most remain under investigation for such
charges as public damage, resisting arrest, and conspiracy to
create "catastrophes."

--------------
GOV,s Most Wanted
--------------


3. (C) In addition to the more than 400 detentions between
February 29 and March 16, the GOV detained or attempted to
detain several prominent opposition leaders: Baruta Mayor
Henrique Capriles on charges stemming back to President Hugo
Chavez, brief ouster in 2002 (septel),Libertador mayoral
candidate Carlos Melo on illegal weapons charges, and David
Rubio, Tachira State,s main CD organizer, for participating

in a protest. The GOV also announced in mid-March that it
was preparing charges against Chacao Mayor Leopoldo Lopez for
his alleged use of public resources to support dissident
military officers in late 2002-early 2003.

--------------
Lopez in the Crosshairs
--------------


4. (U) Chacao Mayor Leopoldo Lopez of the opposition party
Primero Justicia is under investigation for rebellion,
instigating unrest, and conspiracy in connection with his
alleged support of dissident military officers. Declaring
themselves in "civil disobedience" to the Chavez Government,
the military officers had established an oppositional
presence in Plaza Francia of Chacao Municipality in October

2002. The GOV says in essence that Lopez, as mayor, should
have been more forceful in evicting the demonstrators.
Lopez, who has not been detained, denies the charges'
validity and claims they are meant to intimidate him.

--------------
Capriles: Charges Politically Timed
--------------


5. (C) On May 11, a second detention order was issued for
Baruta Municipality Mayor Henrique Capriles of Primero
Justicia (septel). He is now in DISIP custody and could
remain there up to 45 days, according to press reports. On
April 1, the Supreme Court struck down the first detention
order for the mayor, who had been in hiding since that order


was issued March 16. Capriles had earlier sent his attorneys
to three summons by the prosecutor; chavistas allege that
Capriles' failure to answer the summons personally explains
why he is in jail, and Chacao Mayor Lopez is not. Capriles
told the Ambassador April 22 that Chavez' control of the
Attorney General's office allows him to control the timing of
investigations and arrests, a significant weapon.

--------------
Melo Ambushed
--------------


6. (C) Shelby Cabezas, aide to Libertador mayoral candidate
Carlos Melo, alleges that the GOV was forced to dismiss the
case against his boss April 5 after it was exposed as "a
complete set-up." He said Melo was "ambushed" March 1 by
Venezuelan Political Police (DISIP) at a gas station around
11 p.m., accused of transporting arms, and jailed the same
night. The following day Cabezas retrieved the gas station's
surveillance tape that contradicted the prosecution's
assertions that Melo had arms in his car, resisted arrest,
and was arrested in a different location. Cabezas asserted
that the GOV's handling of Melo's case was a tactical error
that had bolstered Melo in the polls from 4 percent to 45
percent.

-------------- --------------
Rubio: Attempt to &Decapitate8 Tachira Opposition Backfires
-------------- --------------


7. (C) Although Tachira State CD leader David Rubio was
released from jail April 2, he told poloff April 17 that the
ruling didn't dismiss the charges against him of rebellion,
creating a public disturbance, and engaging in a crime.
Primero Justicia (PJ) Party Finance Coordinator Sergio Mendez
told poloff April 16 that although the intent in jailing
Rubio was to &decapitate the Tachira Coordinadora8 to
ensure the opposition stayed divided in regional elections,
it failed.

--------------
General Martinez and the Tachira 9
--------------


8. (U) Dissident National Guard Gen. Carlos Alfonzo Martinez
remains in custody, more than 16 months since he was detained
in December 2002. A small group of opposition demonstrators
marched to the OAS Caracas office May 6 calling for his
release and the release of nine opposition leaders in Tachira
State who were detained in June 2003 on charges stemming back
to the events of April 11, 2002 (refs A and B). The DISIP
detained Gen. Martinez in December 2002 while he was
participating in an anti-GOV demonstration and placed him
under house arrest. In February 2003, the Attorney General
charged him with rebellion, desertion, and violating national
security zones. After eight months of house arrest, Martinez
was transferred to a military detention facility in Los
Teques, Miranda State. Despite 2003 rulings from the Supreme
Court and the Inter-American Human Rights Court that he
should be released, Martinez remains in the detention
facility.

--------------
Comment
--------------


9. (C) The good news: February 27-March 5 protesters are not
languishing in jail. The bad news: The GOV continues to use
legal charges against its opponents, sapping energy from
efforts to pursue the presidential recall referendum.
Despite the GOV's veneer of reasonable legality, however, it
is not adhering to legal procedures, which makes it difficult
to view the detentions of political opponents as anything
other than politically motivated.
SHAPIRO


NNNN

2004CARACA01740 - CONFIDENTIAL