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 002064 |
1. (C) Jose Miguel Vivanco, Executive Director of Human Rights Watch, released a report in Caracas June 17 strongly criticizing Venezuela's new Supreme Court law, and calling for implementation of the OAS Democratic Charter if the Venezuelan authorities did not act to preserve the balance of powers. The GOV reacted harshly to Vivanco's statements, accusing him of being a US agent, and the National Assembly threatened to declare Vivanco "persona non grata." Vivanco later met with the Charge, and discussed the possibility of the OAS taking action against Venezuela. End Summary -------------------------- HRW on TSJ -------------------------- 2. (U) Jose Miguel Vivanco, Executive Director of Human Rights Watch, released a report in Caracas on June 17 about the Venzuelan justice system called "Rigging the Rule of Law." The report strongly criticizes the politicization of the justice system, and the potentially negative effects of the new Organic Law of the Supreme Court (TSJ). The report discusses those aspects of the law which HRW alleges will erode judicial independence. These include: -- the naming of 12 more TSJ judges by simple majority vote in the National Assembly (NA), which the report calls "court packing"; -- the power given to the Moral Council (Attorney General, Controller General, Human Rights Ombudsman acting together) to suspend TSJ judges for "grave offenses"; and -- the right of the NA to annul appointments of TSJ judges under certain circumstances. The report argues that these potential effects are more serious because of the TSJ's role as administrator of the lower courts. 3. (U) The report also criticizes a series of past problems in the justice system, including: -- the prevalence of untenured judges, hired and fired at will by the Judicial Committee of the Supreme Court; -- the politicization of judicial decisions by supporters of President Chavez in the judicial system; -- the cancellation of a system of exams whereby judges gained permanent positions; and -- the failure of the Supreme Court to review the decision to shut down Venezuela's second highest court and remove its judges. -------------------------- HRW Recommendations -------------------------- 4. (U) The HRW report calls on President Chavez to instruct his supporters to suspend implementation of the new TSJ law and to modify the new TSJ law so it does not undermine judicial independence. The report also advises the TSJ itself that it should review the new law with an eye to finding it unconstitutional, reactivate the examination system and hire permanent judges, cease dismissing judges for political reasons, and review the appeals of judges who have been dismissed. If the GOV and TSJ fail to act, the HRW report calls on international lending agencies to refuse to work with the Venezuelan judicial system on any improvement projects. The report also calls on the SecGen of the OAS to invoke article 18 of the Democratic Charter to begin an investigation of the situation in Venezuela. -------------------------- GOV Reaction -------------------------- 5. (U) The GOV reacted with indignation to the HRW report. VP Jose Vicente Rangel called Vivanco "a mercenary ... at the service of the imperial powers." He also called him a "provocateur who doesn't represent anyone." Rangel further stated that HRW's statement confirmed that "the real enemy of the process of change in Venezuela is George Bush." NA President and close Chavez advisor Francisco Ameliach called on the NA to declare Vivanco "persona non grata." He said the HRW report "practically constitutes a declaration of war," and said that when he heard Vivanco speak "my blood boiled." The semi-official GOV paper VEA called Vivanco a CIA agent, though it offered no proof or explanation. -------------------------- Meeting with Charge -------------------------- 6. (C) Vivanco and HRW counsel Daniel Wilkinson attended a luncheon hosted by the Charge on June 18. EmbOffs and Canadian PolOff also attended. Vivanco discussed the possibilities of the OAS taking action against Venezuela for undermining judicial independence. He said it seemed the OAS was tired of Venezuela, and anxious to bring its presence in Venezuela to a close. He was particularly negative about the likelihood of Brazil taking a proactive stance, due to its long standing status quo foreign policy. Vivanco thought it was vital that countries such as the US, Canada, and Mexico take a strong stand on this issue in the OAS, since it was critical to the future of Venezuelan democracy. The Charge pointed out that the USG is extremely concerned about this issue, but the OAS is unlikely to take any steps to distract attention away from the presidential recall referendum in the short term. 7. (U) The Washington Post of June 22 contained a synopsis of the report as an op-ed co-authored by Vivanco and Wilkinson. The full report is available on the HRW web-site, at www.hrw.org. -------------------------- Comment -------------------------- 8. (C) The HRW report is an excellent synthesis of the threat facing the Venezuelan justice system, and its democracy in general. The harsh and churlish response of GOV officials may prevent internal damage among MVR unconditionals, but must give international supporters pause for thought. Should the referendum fail, the GOV destruction of judicial independence, and the likely increase in political persecution through the courts, will likely be the next big issue. SHAPIRO NNNN 2004CARACA02064 - CONFIDENTIAL |