NATIONAL GUARD SOLDIERS HELD IN PRISON KILLINGS

C O N F I D E N T I A L CARACAS 002027

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E.O. 12958: DECL: 05/25/2014
TAGS: PHUM PGOV VE
SUBJECT: NATIONAL GUARD SOLDIERS HELD IN PRISON KILLINGS


Classified By: A/POLITICAL COUNSELOR MARK WELLS FOR REASONS 1.4 (d)

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SUMMARY
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1. (U) The Bolivar state appeals court June 7 ordered four
National Guardsmen be detained pending trial for murder. The
four are suspected of executing seven prisoners and wounding
200 in the Vista Hermosa prison November 10, 2003. A lower
court had set the four free March 9, 2004. The case is being
pursued by prosecutors and the prison rights group
Observatorio Venezuelano de Prisiones. End Summary.

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Vista Hermosa Massacre
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2. (C) The Bolivar state appeals court June 7 ordered four
National Guardsmen be detained pending trial for murder. The
four are suspected of executing seven prisoners, and wounding
200 in the Vista Hermosa prison, located in Bolivar state,
November 10, 2003. The appeals court decision overturns the
ruling of the local judge, who had freed the four men after
rejecting the eye witness testimony of 20 inmates. The judge
argued that the testimony of the prisoners was inherently
unreliable. Humberto Prado of the prison rights group
Observatorio Venezuelano de Prisiones (OVP),told PolOff June
16 that the local judge's decision was, "A license for (the
National Guard - GN) to kill in the prisons." OVP is pursuing
the case together with the prosecutor's office.


3. (C) Prado said the origin of the massacre was a prison
uprising in August 2003, in which prisoners took some of
their family members hostage, demanding improved prison
conditions. Prado stated that there is prisoner testimony
that GN Cap. William Jose Campos, in charge of the guard
detachment, pointed a gun at the head of one of the leaders
of the uprising, and threatened to kill him when the uprising
was over. Following this the prosecutors' office requested
that the GN remove Campos from prison duty, which it did.


4. (C) On November 10, 2003, however, Campos reappeared at
the prison and had the prisoners line up outside to be
searched. According to Prado, all the prisoners were then
brutally beaten (PolOff saw pictures) by the four National
Guardsmen now being charged together with three prison guards
employed by the Ministry of Interior and Justice (MIJ) (Note:
The MIJ is responsible for interior security in prisons,
while the GN is responsible for perimeter security only.) The
names of seven men were then called out. They included five
leaders of the August uprising, and two prisoners who had
committed crimes against members of the GN (murder and
robbery respectively). The seven men were then shot in the
head. Prado states that forensic evidence shows all seven
wounds have a descending trajectory, indicating execution.
There are also 20 testimonies of witnesses which corroborate
this version. Alonso Medina Roa, the defense lawyer for the
National Guardsmen, told PolOff June 14 that while some of
the prisoners may have been killed by the National Guard,
some were killed by the prison guards working for the MIJ,
and some by the prisoners themselves.


5. (U) GN Gen. Alberto Betancourt Nieves, commander of GN
forces in the region, rejected the appeals court's decision
to detain the four National Guardsmen June 8, and questioned
the professionalism of the judges and prosecutors involved in
the case. He told reporters that, "For any National Guardsman
service in prisons is the most detestable thing in his
professional career, and so we are not going to act violently
against something that is unworthy." He further stated, "We
are not going to make a big deal about murderers, drug
dealers, thieves, and the victimizers of the community, whom
no one wants, we are not going to dirty ourselves with
something that is not worth it, and that represents such
insignificant beings."

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Comment
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6. (C) The attitude of Gen. Betancourt Nieves is shared by
many in the criminal justice system. GN and MIJ guards do,
however, "dirty themselves" inside prison walls, frequently
trafficking guns, drugs and other contraband. The shocking
barbarity of this case is perhaps outdone by the impunity
that had up to now been shown to the National Guardsmen. The
prosecutors and judges in this case, together with OVP, are
trying to force the penal system to come to terms with the
brutal nature of the prisons, and to stand up for the rule of
law. Given the relatively non-political nature of the case,
it will be an interesting test of the willingness of the GOV
to allow judges and prosecutors to act independently against
violations of human rights, and to protect and respect the
work of NGOs.
SHAPIRO


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2004CARACA02027 - CONFIDENTIAL