CHAVISTA LEGISLATORS FIRE OPPOSITION SUPREME COURT

C O N F I D E N T I A L CARACAS 002078

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

E.O. 12958: DECL: 06/18/2014
TAGS: PGOV KDEM VE
SUBJECT: CHAVISTA LEGISLATORS FIRE OPPOSITION SUPREME COURT
JUSTICE


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

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SUMMARY
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1. (U) The National Assembly (NA) removed Supreme Court (TSJ)
Vice President Franklin Arriechi Gutierrez June 16. The
Chavista-controlled NA used the power given them by the new
TSJ law to remove judges with a simple majority vote in some

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situations. Arriechi, known to oppose Chavez, will be
replaced as TSJ VP by a Chavez supporter. Judge Arriechi has
requested that the Constitutional Chamber suspend the action.
The NA also solicited that the Moral Council (Attorney
General, Controller General, Human Rights Ombudsman acting
together) open investigations of Justices Alberto Martini
Urdaneta and Pedro Rondon Haaz, which could lead to their
indefinite suspension under the new law. End summary.

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Arriechi Fired
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2. (C) The National Assembly (NA) voted June 16 to remove
Supreme Court (TSJ) Vice President Franklin Arriechi
Gutierrez (Civil Chamber) from the court. The new Organic Law
of the Supreme Court gives the NA power to annul the
appointment of Supreme Court judges in certain circumstances
with a simple majority vote. One of the specific
circumstances mentioned is the presenting of false
credentials to the Nominating Committee, which Arriechi
apparently did when he was nominated to the court. (Note:
Arriechi falsely claimed to have been a professor at the
Andres Bello law school, and to have a doctorate.) Arriechi
has appealed to the Constitutional Chamber to suspend the
measure, as it did after a similar attempt to remove Arriechi
in December 2002. (Note: The charges against Arriechi were
raised by the opposition when he was named in 2000, but the
pro-Chavez majority in the NA pushed him through anyway.)


3. (C) Arriechi is a major target of the Chavistas because
he wrote the decision for the full court (Plenary Chamber)
absolving the military officers involved in the April 11,
2002 events. He serves as the Vice President of the full
court, leading the anti-Chavez judges. If he is removed, his
position in the Civil Chamber will be taken by Tulio Alvarez
Ledo, who is pro-opposition. His job as TSJ VP, however, will
be filled by Omar Mora (Social Chamber),a firm Chavez ally.
PolOff spoke to TSJ Judge Alberto Martini Urdaneta (Electoral
Chamber) June 17. Martini reported that the rumor in the TSJ
is that TSJ President Ivan Rincon will not accept Arriechi's
appeal. Martini called Mora a "taliban," who would likely
become TSJ president after Rincon retires.

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More Justices to Go?
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4. (C) The NA also requested June 16 that the Moral Council
(Attorney General, Controller General, Human Rights Ombudsman
acting together) investigate Martini and Judge Pedro Rondon
Haaz (Constitutional Chamber) to see if there are grounds for
their removal. The Moral Council has the power under the new
TSJ law to suspend TSJ judges indefinitely pending a

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two-thirds vote of the NA in favor or against permanently
removing them (Note: With the current alignment of forces in
the NA getting a two-thirds vote is impossible, making such a
suspension virtually permanent.) Martini told PolOff that the
grounds for the cases are specious, but said he expects he
will be removed, because of the importance the GOV gives to
controlling the Electoral Chamber prior the recall
referendum. He said that while the first alternate in the
Electoral Chamber is pro-opposition, Martini believes his
replacement will be one of the other pro-Chavez alternates.
Martini said that after he, and possibly Rondon, were removed
from the court, the Constitutional Chamber would find the
suspension power of the Moral Council unconstitutional. He


did not believe that he or Rondon would be able to return to
the court after such a ruling, however. (Note: The Moral
Council did accuse Martini and the two other Electoral
Chamber justices of a "grave offense" June 18 for the
Electoral Chamber's March ruling validating the assisted
signatures in the referendum drive. The investigation began
before the new TSJ law was passed, and Martini told PolOff
that he did not expect to be suspended for this case, because
it was ex-post facto.)

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Control of Penal Chamber
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5. (C) Martini told PolOff that opposition TSJ Judge Rafael
Perez Perdomo (Penal Chamber) plans to retire soon. Perez is
part of a two-to-one opposition majority in the Penal
Chamber, which oversees the criminal court system. The first
alternate judge in the chamber is Julio Elias Mayaudon,
identified with the opposition. Martini said pro-Chavez Judge
Alejandro Angulo Fontiveros (Penal Chamber) plans to go on
vacation just before Perez leaves, thus forcing Mayaudon to
occupy his position for one week, and leaving Perez'
permanent seat to one of the other two pro-Chavez alternates,
thus giving pro-Chavez judges control of the Penal Chamber.

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Nomination Committees
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6. (C) The NA named the nominating committee June 17 which
will in turn name the twelve new TSJ judges. The committee
currently consists of five pro-Chavez deputies (four from
Movimiento Quinta Republica, and one from Podemos). These
deputies are joined by six citizens chosen by the pro-Chavez
deputies. NA President Francisco Ameliach told the press June
18, after swearing in the committee, that the new TSJ judges
would be designated by August 20 at the latest. The
opposition has refused to participate in the committee
because it does not recognize the TSJ law, which opposition
leaders have asserted is unconstitutional. Martini said
Rincon had told the TSJ judges that the nominating committee
structure in the TSJ law would be found unconstitutional by
the Constitutional Chamber.

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Future of TSJ
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7. (C) Asked about the future of the TSJ law, Martini did
not believe Rincon would find it unconstitutional, or prevent
the nomination of the new justices. He thought a successful
referendum was the only way the judicial system could be
rescued from the control of the executive and legislative
branches. He noted the complete control of the pro-Chavez
judges over the TSJ's Judicial Committee, which controls the
nominating and firing of untenured lower court judges.

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Arriechi Speaks
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8. (C) Arriechi spoke to PolOff at a lunch hosted by PAO
June 23. Arriechi said he would resist the NA's attempt to
remove him, and continue to work, though he knew the TSJ
would eventually prohibit him from entering the building. He
did not think there was any possibility that the pro-Chavez
judges on the TSJ would break with Chavez, describing them as
a collection of self declared communists, thieves, and true
believers. He also said Rincon and the pro-Chavez judges on
the TSJ are already treating Martini and two other judges in
the Electoral Chamber as if they were suspended, despite
Martini's objections on procedural grounds.

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Comment
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9. (C) The NA is moving quickly to seize control of the
court prior to the referendum. The naming of the 12 new
judges may be subject to delay in the NA, so they are using
the annulment and suspension powers to quickly remove leading
opposition justices and seize control of critical chambers.
Rincon apparently will be selective about striking down
unfavorable aspects of the law. The fact that the TSJ
controls the naming and disciplining of the 80% of Venezuelan
judges who do not have permanent appointments means that
changes in the TSJ reverberate throughout the judicial
system. The NA is sending a clear message to the TSJ and the
judiciary in general: if you are not with the process, you
have no future here.
SHAPIRO


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2004CARACA02078 - CONFIDENTIAL