Identifier
Created
Classification
Origin
04CARACAS2146
2004-07-01 21:52:00
CONFIDENTIAL
Embassy Caracas
Cable title:  

ARRIECHI ACCUSES TSJ JUDGES OF CORRUPTION

Tags:  PGOV VE 
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HQ USSOUTHCOM MIAMI FL PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 002146 

SIPDIS


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

E.O. 12958: DECL: 05/25/2014
TAGS: PGOV VE
SUBJECT: ARRIECHI ACCUSES TSJ JUDGES OF CORRUPTION

REF: CARACAS 02078

CLASSIFIED BY: A/POLITICAL COUNSELOR MARK WELLS FOR REASONS 1.4 (D)

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SUMMARY
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C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 002146

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

E.O. 12958: DECL: 05/25/2014
TAGS: PGOV VE
SUBJECT: ARRIECHI ACCUSES TSJ JUDGES OF CORRUPTION

REF: CARACAS 02078

CLASSIFIED BY: A/POLITICAL COUNSELOR MARK WELLS FOR REASONS 1.4 (D)

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SUMMARY
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1. (C) SUPREME COURT (TSJ) JUDGE FRANKLIN ARRIECHI SPOKE
WITH PAO AND POLOFF JUNE 23, AFTER BEING REMOVED FROM THE TSJ
(SEE REFTEL.) ARRIECHI REJECTED THE VALIDITY OF THE NATIONAL
ASSEMBLY (NA) VOTE TO REMOVE HIM. HE STATED HIS INTENTION TO
IGNORE THE RULING, AND CONTINUE TO REPORT TO WORK IN ORDER TO
MAINTAIN HIS RIGHTS IN THE FUTURE. HE SAID THE NA VOTE TO
REMOVE HIM, AND THE TSJ DECISION WHICH ACCEPTED IT, WERE
POLITICAL ACTS OF REVENGE AGAINST HIM, AND TO TAKE CONTROL OF
THE TSJ. ARRIECHI MADE CRITICAL OBSERVATIONS ABOUT THE
PRO-CHAVEZ JUDGES ON THE TSJ. END SUMMARY.

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ARRIECHI REJECTS REMOVAL
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2. (C) SUPREME COURT (TSJ) JUDGE FRANKLIN ARRIECHI, WHO WAS
REMOVED JUNE 16 THROUGH A VOTE BY THE PRO-CHAVEZ MAJORITY OF
THE NATIONAL ASSEMBLY (NA),ATTENDED A LUNCHEON HOSTED BY
PAO, WITH POLOFF, JUNE 23. ARRIECHI REJECTED THE AUTHORITY OF
THE NATIONAL ASSEMBLY (NA) TO REMOVE HIM USING PROVISIONS OF
THE NEWLY PASSED TSJ LAW, ARGUING THAT SUCH AN EX-POST FACTO
USE OF THE LAW WAS PROHIBITED BY THE CONSTITUTION, DESPITE A
CONSTITUTIONAL CHAMBER DECISION TO ACCEPT THE MOVE. HE ALSO
DENIED ANY RESPONSIBILITY FOR ERRORS IN HIS NOMINATION
MATERIALS (NOTE: ALLEGEDLY THE REASON FOR HIS REMOVAL. END
NOTE.),STATING THAT HE HAD NOT NOMINATED HIMSELF, AND HAD
NEVER MADE ANY UNTRUTHFUL CLAIMS ABOUT HIS PAST. ARRIECHI
SAID HE WOULD RESIST THE REMOVAL, AND CONTINUE TO GO TO WORK
UNTIL THEY STOPPED HIM. HE REJECTED THE TERM "CIVIL
DISOBEDIENCE" WHICH THE PRESS HAS USED, HOWEVER, AND STATED
HE WAS SURE HE WOULD BE DENIED ENTRY TO THE TSJ SHORTLY.
ARRIECHI SAID HE WOULD EVENTUALLY BRING A CASE BEFORE THE
INTER-AMERICAN HUMAN RIGHTS COMMISSION, AFTER GOING THROUGH
THE VENEZUELAN JUDICIAL APPEALS PROCESS. HE SAID HE WOULD
SPEND THE SUMMER AT HIS HOUSE IN THE U.S., WITH HIS FAMILY.


3. (C) ARRIECHI SAID THE REMOVAL FROM THE COURT WAS INTENDED
TO PASS HIS POSITION AS VICE PRESIDENT OF THE TSJ TO TSJ
JUDGE OMAR MORA, ESTABLISHING HIM AS THE EVENTUAL REPLACEMENT
FOR TSJ PRESIDENT IVAN RINCON. ARRIECHI CALLED MORA A
CHAVISTA "TALIBAN," AND CLAIMED HE WAS A MEMBER OF THE
VENEZUELAN COMMUNIST PARTY. ARRIECHI CLAIMED TO HAVE BEEN
SINGLED OUT FOR HIS PRO-AMERICAN VIEWS, AND TIES TO FORMER
AMBASSADOR DONNA HRINAK. HE SAID HIS ROLE IN WRITING THE
PLENARY CHAMBER'S DECISION REJECTING MILITARY REBELLION
CHARGES AGAINST THE MILITARY OFFICERS INVOLVED IN THE EVENTS
OF APRIL 11, 2002, HAD ALSO MADE HIM A TARGET OF THE GOV.

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GLASS HOUSES
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4. (C) ARRIECHI MADE ACCUSATIONS AGAINST SEVERAL MEMBERS OF
THE TSJ. HE ACCUSED RINCON OF CORRUPTION, SPECIFICALLY OF
ACTING AS AN INTERMEDIARY BETWEEN BUSINESSMEN AND THE
MINISTRY OF FINANCE, HELPING TO EXPEDITE PAYMENT FOR SERVICES
RENDERED IN RETURN FOR A PERCENTAGE. HE ALSO ACCUSED TSJ
JUDGE JOSE DELGADO OCANDO OF HAVING A BROTHER AND A SON
WORKING AS LEGAL CONSULTANTS FOR PDVSA, WHO HE SAID WERE
BEING PAID ONE MILLION DOLLARS A YEAR. HE SAID DELGADO
IDENTIFIES HIMSELF AS A "STALINIST" COMMUNIST, AND IS A
MEMBER OF VENZUELAN COMMUNIST PARTY (PCV). HE ALSO ACCUSED
TSJ JUDGES CARLOS OBERTO, JUAN RAFAEL PERDOMO, ALONG WITH

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MORA OF BEING MEMBERS OF THE PCV. FINALLY ARRIECHI ACCUSED
TSJ JUDGE LUIS MARTINEZ HERNANDEZ OF HAVING OFFERED TO FIX

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DISCIPLINARY CASES AGAINST FEMALE JUDGES IN RETURN FOR SEXUAL
FAVORS (NOTE: THE TSJ RUNS THE LOWER COURTS IN VENEZUELA, AND
IS RESPONSIBLE FOR HIRING, FIRING AND DISCIPLINING LOWER
COURT JUDGES. END NOTE.) HE ALSO ACCUSED MARTINEZ OF HAVING
DEALINGS WITH INTERNATIONALLY WANTED DRUG DEALERS, AND OF

CARACAS 00002146 002 OF 002

T FOR IDEOLOGY OR FINANCIAL/LEGAL
REASONS, THESE JUDGES WOULD BACK CHAVEZ UNTIL THE END.
ARRIECHI SEEMED SURPRISED THERE HAD BEEN SO LITTLE OUTCRY
AGAINST HIS REMOVAL BY OTHER JUDGES ON THE TSJ, OR THE
OPPOSITION. HE SAID THERE WAS NO CHANCE OF A MASS RESIGNATION
OF TSJ JUDGES IN PROTEST, DUE TO PERSONAL FINANCIAL
CONSIDERATIONS. ARRIECHI REPORTED THAT RETIRING TSJ JUDGE
RAFAEL PEREZ PERDOMO (ANTI-CHAVEZ) IS RESISTING THE EFFORTS
OF ANGULO TO REPLACE HIM WITH A CHAVISTA ALTERNATE JUDGE.

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COMMENT
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6. (C) WE UNDERSTAND THAT ARRIECHI HAS BEEN IN CONTACT WITH
AMCIT POLITICAL CONSULTANTS ABOUT GOING TO THE U.S. TO TELL
HIS STORY. WHILE HE MAY BE WILLING TO GIVE MORE DETAILS THAN
HE TOLD US, VENEZUELAN POLITICAL CIRCLES ARE FULL OF STORIES
OF CORRUPTION ON THE TSJ, IMPLICATING RINCON AND OTHER
JUDGES. IT IS ALSO UNLIKELY THAT ARRIECHI, WHO BROKE WITH
CHAVEZ AFTER APRIL 11, 2002, IS WITHOUT STAIN HIMSELF. WHILE
ARRIECHI'S REMOVAL IS EXTREMELY DISTURBING IN TERMS OF THE
RULE OF LAW IN VENEZUELA, IT HAS NOT BEEN A MAJOR POLITICAL
ISSUE IN THE RUN-UP TO THE REFERENDUM.
SHAPIRO

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2004CARACA02146 - CONFIDENTIAL