Identifier
Created
Classification
Origin
04CARACAS1994
2004-06-16 15:58:00
CONFIDENTIAL
Embassy Caracas
Cable title:  

UPDATE ON CONDITION OF POLITICAL PRISONERS

Tags:  PHUM PGOV VE 
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C O N F I D E N T I A L CARACAS 001994 

SIPDIS


NSC FOR CBARTON
HQ USSOUTHCOM ALSO FOR POLAD
UNSID DCHA/OTI FOR RPORTER

E.O. 12958: DECL: 05/25/2014
TAGS: PHUM PGOV VE
SUBJECT: UPDATE ON CONDITION OF POLITICAL PRISONERS


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

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

C O N F I D E N T I A L CARACAS 001994

SIPDIS


NSC FOR CBARTON
HQ USSOUTHCOM ALSO FOR POLAD
UNSID DCHA/OTI FOR RPORTER

E.O. 12958: DECL: 05/25/2014
TAGS: PHUM PGOV VE
SUBJECT: UPDATE ON CONDITION OF POLITICAL PRISONERS


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

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


1. (U) VENEZUELA'S SUPREME COURT (TSJ) COURT RULED JUNE 10
THAT THE NINE PERSONS DETAINED IN TACHIRA FOR THE PAST YEAR
ON CHARGES OF REBELLION SHOULD NOT BE FREED FROM PRISON
PENDING TRIAL, AND ORDERED THE TRIAL JUDGE TO BEGIN THE TRIAL
WITHIN EIGHT DAYS. DISIP (POLITICAL POLICE) AGENTS
TRANSPORTED GEN. CARLOS ALFONZO MARTINEZ, WHO HAS BEEN IN
CUSTODY AWAITING TRIAL FOR 18 MONTHS, TO THE HOSPITAL JUNE 14
SO DOCTORS COULD EVALUATE HIS OSTEOPOROSIS AND GASTRIC
PROBLEMS. THE NATIONAL GUARD HAD REFUSED TO OBEY THE COURT
ORDER EARLIER, SAYING IT DID NOT HAVE RESOURCES AT ITS
DISPOSAL AT THE TIME. END SUMMARY

--------------
TACHIRA 9
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2. (U) THE PENAL CHAMBER OF THE SUPREME COURT (TSJ) RULED
JUNE 10 THAT THE NINE PEOPLE DETAINED IN SANTA ANA PRISON IN
TACHIRA FOR THE PAST YEAR SHOULD NOT BE FREED FROM PRISON
PENDING TRIAL. LAWYERS FOR THE NINE ASKED THE COURT TO FREE
THEM DUE TO THE ALLEGEDLY UNJUSTIFIED DELAY IN THE TRIAL BY
TRIAL JUDGE GERSON NINO. THE NINE ARE ACCUSED OF CIVIL
REBELLION FOR THE EVENTS OF APRIL 11, 2002 IN TACHIRA. THE
COURT DID ORDER NINO TO BEGIN THE TRIAL WITHIN EIGHT DAYS.


3. (U) SUPPORTERS OF THE NINE DETAINEES CLAIMED IN PRESS
REPORTS THAT JUDGE NINO IS AN ALLY OF THE GOV, AND THUS COULD
NOT PRESIDE OVER A FAIR TRIAL. THEY ALSO COMPLAINED OF
HARASSMENT OF THE DETAINEES AND THEIR FAMILIES ON ORDERS OF
TACHIRA GOVERNOR RONALD BLANCO LA CRUZ (MOVIMIENTO QUINTA
REPUBLICA). SAN CRISTOBAL MUNICIPAL COUNCILMAN WILFRIDO TOVAR
ALLEGED THAT THE DETAINEES' WERE BEING UNDULY HARASSED WITH
CELL SEARCHES, SOME 100 TIMES IN THE LAST YEAR. FAMILY
MEMBERS ALSO ALLEGED THE DETAINEES HAD BEEN DENIED MEDICAL
TREATMENT WHICH HAD PUT THEIR LIVES IN JEOPARDY.
SPECIFICALLY, THE WIFE OF ONE OF THE DETAINEES ALLEGED THAT
THE AUTHORITIES DELAYED HER HUSBAND'S APPENDIX OPERATION.

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GENERAL MARTINEZ
--------------


4. (U) AGENTS OF THE DISIP (POLITICAL POLICE) TRANSPORTED
GEN. ALFONZO MARTINEZ TO A CARACAS HOSPITAL ON JUNE 14 TO BE
EXAMINED FOR OSTEOPOROSIS, GASTRIC AND RESPIRATORY PROBLEMS.
A JUDGE HAD AUTHORIZED THE TRANSFER JUNE 7, BUT THE NATIONAL
GUARD (GN) HAD REFUSED TO CARRY IT OUT, CITING LACK OF
RESOURCES (NOTE: THE GN FREQUENTLY REFUSES JUDGES' ORDERS TO
TRANSFER PRISONERS.) GEN. MARTINEZ FACES CHARGES OF
INSTIGATING REBELLION, AND HAS BEEN DETAINED SINCE DECEMBER
30, 2002.

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COMMENT
--------------


5. (C) IN THE ABOVE CASES, PROSECUTORS AND JUDGES HAVE USED
ADMINISTRATIVE PROVISIONS TO DETAIN POLITICAL SUSPECTS WITH
RELATIVELY WEAK EVIDENCE, AND THEN KEEP THEM DETAINED FOR
LONG PERIODS OF TIME WHILE DELAYING TRIALS. NOT ONE OF THE
POLITICAL CASES BEGUN SINCE THE NATIONAL STRIKE OF 2002 HAS
BEEN BROUGHT TO TRIAL. LONG PRE-TRIAL PERIODS OF DETENTION
ARE NOT UNUSUAL IN VENEZUELA, DUE TO FACTORS SUCH AS THE
REFUSAL OF THE GN TO TRANSPORT DETAINEES. ASSUMING THAT THE
OBJECT OF THE POLITICAL CASES CURRENTLY UNDERWAY IS TO
INTIMIDATE OPPONENTS WITH THE PROSPECT OF LONG PERIODS IN
JAIL, THE TACHIRA/MARTINEZ MODEL MAY BE APPLIED TO OTHER
POLITICAL CASES IN THE FUTURE.
SHAPIRO

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2004CARACA01994 - CONFIDENTIAL