RETIRED GENERAL ARRESTED FOR DEFAMING MILITARY

C O N F I D E N T I A L CARACAS 001910 SIPDIS NSC FOR CBARTON USCINCSO ALSO FOR POLAD USAID DCHA/OTI FOR RPORTER E.O. 12958: DECL: 05/27/2014 TAGS: PGOV KDEM VE SUBJECT: RETIRED GENERAL ARRESTED FOR DEFAMING MILITARY CLASSIFIED BY: ABELARDO A. ARIAS, POLITICAL COUNSELOR, FOR REASONS 1.4 (D) -------------- SUMMARY -------------- ¶1. (U) ON MAY 22 THE NATIONAL GUARD AND DIRECTORATE FOR MILITARY INTELLIGENCE ARRESTED FORMER FINANCE MINISTER, BRIGADIER GENERAL FRANCISCO USON RAMIREZ_ FOR "DEFAMING" THE MILITARY. GENERAL USON HAS BEEN AN OPEN SUPPORTER OF THE POLITICAL OPPOSITION TO PRESIDENT CHAVEZ AND RECENTLY CRITICIZED THE ARMY'S HANDLING OF THE FIRE MARCH 30 AT FUERTE MARA WHERE TWO SOLDIERS DIED. THE GOV INSISTS THAT GENERAL USON SHOULD BE TRIED IN A MILITARY COURT, WHILE SEVERAL MILITARY JUDGES AND USON,S LAWYERS HAVE INSISTED THAT THE CASE SHOULD BE REFERRED TO A CIVIL COURT. THE GOV ALSO HAS REMOVED ONE OF THE MILITARY JUDGES THAT HAVE REFUSED TO HEAR USON,S CASE. USON'S ARREST IS A CLEAR WARNING TO OTHER RETIRED AND ACTIVE DUTY PERSONNEL. THIS ARREST WAS ARBITRARY AND POLITICALLY MOTIVATED. GENERAL USON IS A POLITICAL PRISONER. END SUMMARY. -------------- CHARGED AND DETAINED -------------- ¶2. (U) FOLLOWING THE RELEASE OF A DETENTION ORDER ON MAY 21, THE NATIONAL GUARD AND DIRECTORATE FOR MILITARY INTELLIGENCE (DIM) DETAINED FORMER FINANCE MINISTER, BRIGADIER GENERAL FRANCISCO USON RAMIREZ_ ON MAY 22 FOR "DEFAMING" THE MILITARY. USON HAD PUBLICLY ASSERTED THAT THE MARCH 30 FIRE AT FUERTE MARA, IN WHICH EIGHT DETAINED SOLDIERS WERE BADLY BURNED, TWO OF WHOM LATER DIED, WAS NOT AN ACCIDENT, BUT WAS INTENTIONALLY STARTED FROM OUTSIDE THE CELL. THE GOV AND NATIONAL ARMED FORCES (FAN) CONDEMNED AND REJECTED THIS STATEMENT AND CHARGED USON OFFICIALLY WITH DEFAMATION OF THE MILITARY. THE NATIONAL GUARD AND DIM TOOK USON INTO CUSTODY AT THE AIRPORT IN PUERTO ORDAZ, BOLIVAR STATE, WHERE HE WAS REPORTEDLY EN ROUTE TO AN OPPOSITION TRAINING SEMINAR. SEVERAL ORGANIZATIONS, INCLUDING THE CIVIL MILITARY ALLIANCE OF VENEZUELA, HAVE DENOUNCED THE DETENTION OF GENERAL USON AS A POLITICALLY MOTIVATED ACT OF INTIMIDATION AGAINST THE OPPOSITION. -------------- JUDICIAL WRANGLING -------------- ¶3. (U) THE ACTUAL JURISDICTION OF THE CASE HAS BEEN A SOURCE OF CONTROVERSY. THE GOV CONTENDED THAT USON,S CASE SHOULD BE TRIED AS A COURT MARTIAL IN A MILITARY TRIBUNAL DUE TO HIS RANK AS A GENERAL. USON,S LAWYERS, GUSTAVO PARILLI AND GONZALO HIMIOB, HAVE ASSERTED THAT IN ACCORDANCE WITH THE 1999 CONSTITUTION, THE CHARGES BEING BROUGHT AGAINST GENERAL USON FALL UNDER THE JURISDICTION OF THE CIVIL COURT SYSTEM. USON,S CASE HAS BEEN BROUGHT BEFORE SEVERAL MILITARY JUDGES, SOME OF WHOM HAVE DECLARED THAT THE CASE SHOULD BE TRIED BEFORE A CIVIL COURT. THE MINISTRY OF DEFENSE REMOVED ONE OF THE MILITARY JUDGES THAT HAVE REFUSED TO HEAR USON,S CASE FROM THEIR POSITIONS. USON REMAINS IMPRISONED IN MILITARY DETENTION CENTER IN CARACAS WHILE THE LEGAL WRANGLING OF HIS CASE CONTINUES. -------------- COMMENT -------------- ¶4. (C) THE CHARGE OF "VILIPENDIO" (DEFAMING AN INSTITUTION) IS THE CHARGE THAT DICTATORSHIPS IN CHILE, URUGUAY AND ARGENTINA USED AGAINST THEIR POLITICAL OPPONENTS. APART FROM THE METAPHYSICAL QUESTION OF HOW ONE COULD DEFAME AN INSTITUTION, THIS CASE IS ARBITRARY AND POLITICALLY MOTIVATED. FRANCISCO USON IS A POLITICAL PRISONER. SHAPIRO NNNN 2004CARACA01910 - CONFIDENTIAL