MAYOR CAPRILES FORMALLY CHARGED IN CUBAN EMBASSY

C O N F I D E N T I A L CARACAS 002130

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: MAYOR CAPRILES FORMALLY CHARGED IN CUBAN EMBASSY
SIEGE


CLASSIFIED BY: ACTING POLITICAL COUNSELOR MARK WELL FOR REASONS 1.4 (D)

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SUMMARY
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1. (C) ON JUNE 25, PRO-GOV PROSECUTOR DANILO ANDERSON FILED
FORMAL CHARGES AGAINST FORMER MAYOR OF BARUTA MUNICIPALITY
HENRIQUE RODONSKI CAPRILES FOR HIS ALLEGED ROLE IN THE APRIL
12, 2002 SIEGE OF THE CUBAN EMBASSY IN CARACAS. CAPRILES
CONTINUES TO BE DETAINED WITHOUT BAIL. THIS CASE IS AN
EXAMPLE OF POLITICAL PERSECUTION VIA THE JUDICIAL SYSTEM.
END SUMMARY.

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PRESENTATION OF CHARGES
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2. (U) ON JUNE 25, PRO-GOV PROSECUTOR DANILO ANDERSON
FORMALLY PRESENTED CHARGES AGAINST FORMER BARUTA MAYOR
HENRIQUE CAPRILES RODONSKI. THE SIX CHARGES PRESENTED
AGAINST CAPRILES, INCLUDING VIOLATION OF THE VIENNA
CONVENTION, ALL RELATE TO THE APRIL 12, 2002 SIEGE AGAINST
THE CUBAN EMBASSY IN CARACAS. FOLLOWING THE PRESENTATION OF
CHARGES, THE JUDGE PRESIDING OVER THE CASE GRANTED THE
PROSECUTION'S REQUEST THAT CAPRILES BE DETAINED WITHOUT BAIL
FOR THE DURATION OF THE CASE. CAPRILES' LAWYER IS SEEKING TO
HAVE THE JUDGE'S ORDER REDUCED TO HOUSE ARREST INSTEAD OF
DETENTION AT DISIP HEADQUARTERS. CAPRILES WAS TAKEN INTO
CUSTODY ON MAY 11.

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CLAIMS OF CORRUPTION
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3. (U) CAPRILES' LAWYER, JUAN MARTIN ECHEVERRIA, ATTACKED
THE PROSECUTION'S CASE, NOTING THAT ANDERSON HAD
INTENTIONALLY LEFT OUT SOME EVIDENCE. FOR EXAMPLE, THE CASE
FILE INCLUDES A DOCUMENTARY PRODUCED BY THE CUBAN GOVERNMENT
CONCERNING THE EVENTS AT THE EMBASSY, BUT EXCLUDES WELL-KNOWN
VENEVISION FOOTAGE SHOWING CAPRILES INSIDE THE EMBASSY CALMLY
DISCUSSING THE WELL BEING OF THE STAFF WITH THE CUBAN
AMBASSADOR.


4. (C) ECHEVERRIA TOLD POLOFF JUNE 28 THAT JUDGE MARIA
TERESA GOMEZ NIEVES, INITIALLY APPOINTED TO PRESIDE OVER
CAPRILES, CASE, HAD OFFERED TO DISMISS ALL CHARGES FOR A
BRIBE OF $100,000. ACCORDING TO ECHEVERRIA, SHORTLY AFTER HE
REFUSED TO PAY THE BRIBE, GOMEZ NIEVES DISMISSED HERSELF FROM
THE CASE AND WAS REPLACED BY CHAVEZ LOYALIST, REGINO COVA.

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COMMENT
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5. (C) THE CAPRILES CASE CONTINUES TO BE RUN BY POLITICS.
WE HAVE HEARD SPECULATION THAT SOME CHAVEZ ARE SEEKING
REVENGE AGAINST CAPRILES FOR ACTIONS HE TOOK AGAINST THE GOV
IN APRIL 2002. IT IS ALSO NOT A COINCIDENCE THAT CAPRILES IS
A MEMBER OF THE PRIMERO JUSTICIA PARTY, WHICH IS POSITIONING
ITSELF FOR FUTURE LEADERSHIP AND ENJOYING SOME SUPPORT IN THE
POLLS. IN ANY EVENT, THE CAPRILES CASE CONTINUES TO BE
VENEZUELA'S MOST HIGH PROFILE POLITICAL PRISONER.
SHAPIRO

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2004CARACA02130 - CONFIDENTIAL