Identifier
Created
Classification
Origin
04CARACAS1910
2004-06-04 21:29:00
CONFIDENTIAL
Embassy Caracas
Cable title:  

RETIRED GENERAL ARRESTED FOR DEFAMING MILITARY

Tags:  PGOV KDEM VE 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
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
-------

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.

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CHARGED AND DETAINED
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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.

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JUDICIAL WRANGLING
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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.

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COMMENT
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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

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2004CARACA01910 - CONFIDENTIAL