PRESIDENT OF TSJ ELECTORAL CHAMBER RETIRES

C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 002199

SIPDIS


NSC FOR CBARTON
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E.O. 12958: DECL: 05/25/2014
TAGS: PGOV PHUM KJUS VE
SUBJECT: PRESIDENT OF TSJ ELECTORAL CHAMBER RETIRES


CLASSIFIED BY: A/DCM ABELARDO A. ARIAS FOR REASONS 1.4 (D)

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SUMMARY
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1. (U) THE PRESIDENT OF THE ELECTORAL CHAMBER OF THE SUPREME
COURT (TSJ) ALBERTO MARTINI RETIRED FROM THE TSJ ON JULY 7,
ALONG WITH JUSTICES RAFAEL HERNANDEZ AND RAFAEL PEREZ
PERDOMO. MARTINI AND HERNANDEZ, BOTH MEMBERS OF THE ELECTORAL
CHAMBER, WILL BE REPLACED BY PRO-CHAVEZ ALTERNATES. THE TSJ
NOMINATIONS COMMITTEE OF THE NATIONAL ASSEMBLY (NA) CLOSED
THE NOMINATIONS PROCESS ON JULY 1, WITH SEVERAL HIGH PROFILE
CHAVISTAS INCLUDED ON THE LIST. FRANCISCO CARRASQUERO,
PRESIDENT OF THE NATIONAL ELECTORAL COUNCIL (CNE) WAS THE
MOST CONTROVERSIAL OF THE NOMINEES, ALONG WITH MVR DEPUTIES
LUIS VELAZQUEZ ALVARAY, EDUARDO FRANCESCHI AND OMAR MEZZA.
END SUMMARY.

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ELECTORAL CHAMBER CHANGES HANDS
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3. (U) THE PRESIDENT OF THE ELECTORAL CHAMBER OF THE SUPREME
COURT (TSJ),ALBERTO MARTINI, RETIRED ON JULY 7, ALONG WITH
JUSTICE RAFAEL HERNANDEZ AND RAFAEL PEREZ PERDOMO. BOTH
MARTINI AND HERNANDEZ WILL BE REPLACED BY PRO-CHAVEZ
ALTERNATES. THE MORAL COUNCIL (ATTORNEY GENERAL, CONTROLLER
GENERAL, AND HUMAN RIGHTS OMBUDSMAN, SITTING IN COMMITTEE)
ACCUSED MARTINI AND HERNANDEZ OF A "GRAVE FAULT" ON JUNE 18,
FOR WHICH EACH FACED THE POSSIBILITY OF SUSPENSION. PEREZ
LEAVES THE TSJ'S PENAL CHAMBER. HIS REPLACEMENT IS NOT
CLEAR, WITH A PRO-OPPOSITION ALTERNATE AND A PRO-CHAVEZ
ALTERNATE DISPUTING THE POSITION. IF PEREZ IS REPLACED BY A
PRO-CHAVEZ ALTERNATE, THE PRESENT CORRELATION OF FORCES IN
THE PENAL CHAMBER, WITH TWO OPPOSITION JUSTICES AND ONE
PRO-CHAVEZ JUSTICE, WOULD BE REVERSED.

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244 NOMINEES
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3. (U) THE TSJ NOMINATIONS COMMITTEE OF THE NATIONAL
ASSEMBLY (NA) CLOSED THE NOMINATIONS PROCESS ON JULY 1, WITH
SEVERAL HIGH PROFILE CHAVISTAS INCLUDED IN THE LIST. THE NA
SET UP THE COMMITTEE TO ACCEPT NOMINATIONS FOR THE 12 NEW
SUPREME COURT SEATS, ESTABLISHED UNDER THE NEW TSJ LAW AND
FOR THE 32 ALTERNATE SEATS ON THE TSJ. (NOTE: AT LEAST ONE
MORE JUDGE WILL BE CHOSEN TO REPLACE FRANKLIN ARRIECHE,
RECENTLY REMOVED BY THE NA UNDER THE NEW LAW, AND SEVERAL
MORE MAY BE NAMED TO REPLACE RETIRING JUSTICES. END NOTE.)
244 PEOPLE WERE NOMINATED IN ALL. AND THERE ARE NOMINEES FROM
THE OPPOSITION IN ADDITION TO CHAVISTAS. MANY OF THE NOMINEES
ARE FIGURES WHO HAVE SERVED IN ONE OF CHAVEZ' PREVIOUS
GOVERNMENTS, OR RULED IN FAVOR OF CHAVEZ' POSITIONS ON
CONTROVERSIAL DECISIONS AT LOWER LEVELS OF THE JUDICIAL
SYSTEM. ACCORDING TO NA DEPUTY CILIA FLORES (MVR),THE NA
WILL TAKE THE FINAL VOTE ON THE NEW JUSTICES ON AUGUST 12,
AND THE SWEARING IN OF THE NEW JUSTICES WOULD BE AUGUST 13.
(NOTE: THE NEW TSJ LAW ALLOWS THE TSJ JUSTICES TO BE CHOSEN
BY THE NA WITH A SIMPLE MAJORITY AFTER THREE ATTEMPTS TO GET
THE TWO-THIRDS MAJORITY STIPULATED IN THE CONSTITUTION THE
NOMINATIONS COMMITTEE EXPECTS TO BE ABLE TO TAKE THAT FOURTH
VOTE ON AUGUST 12. END NOTE.)

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CARRASQUERO AMONG NOMINEES
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4. (U) FRANCISCO CARRASQUERO CURRENTLY THE PRESIDENT OF THE
NATIONAL ELECTORAL COUNCIL (CNE),IS THE MOST CONTROVERSIAL
NOMINEE, BECAUSE OF HIS ROLE OVERSEEING THE RECALL
REFERENDUM. JUSTICE ARRIECHE TOLD REPORTERS IT WAS
INAPPROPRIATE THAT CARRASQUERO WOULD BE DEPENDENT ON THE
VOTES OF PRO-CHAVEZ DEPUTIES TO BECOME A TSJ JUSTICE, WHILE
OVERSEEING A RECALL REFERENDUM AGAINST CHAVEZ. FLORES
CONTRADICTED ARRIECHE, SAYING THAT ALL CITIZENS HAVE A RIGHT
TO BE NOMINATED, AND THAT IF CARRASQUERO WERE NAMED TO THE

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LL BE READY."

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MVR DEPUTIES
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5. (U) NA DEPUTY LUIS VELAZQUEZ ALVARAY (MVR) WAS ALSO
NOMINATED. VELAZQUEZ WAS RESPONSIBLE FOR PUSHING THE TSJ LAW
THOUGH THE NA. THE DEPUTY WENT BEFORE A NOTARY TO DEMONSTRATE
FORMALLY THAT HE WOULD NO LONGER PARTICIPATE IN PARTISAN
POLITICS, THOUGH HE INTENDS TO REMAIN ACTIVE IN THE NA TO
PUSH THROUGH MORE JUDICIAL REFORM LEGISLATION. HE ASSURED
REPORTERS THAT FROM NOW ON HE WILL VOTE ACCORDING TO HIS
CONSCIENCE, "AND NOT ACCORDING TO PARTY SYMPATHIES OR
ALLEGIANCES." OPPOSITION PRIMERO JUSTICIA DEPUTY GERARDO
BLYDE REJECTED THIS ARGUMENT, SAYING IT WAS "PUBLIC AND
NOTORIOUS" THAT VELAZQUEZ ALONG WITH MVR DEPUTIES LUIS
FRANCESCHI AND OMAR MEZZA, WERE FOLLOWERS OF CHAVEZ. BLYDE
SAID THERE IS NO LEGAL PROHIBITION AGAINST POLITICIANS
HOLDING OFFICE BECOMING TSJ JUSTICES, BUT SAID THEY WOULD
VIOLATE THE CONSTITUTIONAL REQUIREMENT THAT TSJ JUSTICES BE
IMPARTIAL.

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CHAVISTA REACTION
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6. (U) GOV VICE PRESIDENT JOSE VICENTE RANGEL DISMISSED THE
CRITICISM OF THE NOMINATIONS BY SAYING, "POLITICS IS PRESENT
IN EVERYTHING. LET'S NOT BE HYPOCRITES." HE SAID ANYONE COULD
BE A TSJ JUSTICE, AS LONG AS THEY MET THE CRITERIA, AND THAT
THE SELECTION PROCESS WOULD DETERMINE WHICH CANDIDATES WERE
BEST QUALIFIED. FLORES, SAID THE OPPOSITION HAD NO RIGHT TO
CRITICIZE ANYONE, SINCE THEY HAD NOT PARTICIPATED IN THE
NOMINATIONS COMMITTEE (NOTE: THE OPPOSITION PARTIES BOYCOTTED
THIS COMMITTEE BECAUSE THEY DO NOT ACCEPT THE TSJ LAW WHICH
AUTHORIZED THE NOMINATING PROCESS. END NOTE.)

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COMMENT
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7. (C) THE RETIREMENT OF MARTINI AND HERNANDEZ GIVES CHAVEZ
FULL CONTROL OF THE ELECTORAL CHAMBER, AND THE PLENARY
CHAMBER WITHOUT RECOURSE TO THE NEW TSJ LAW. IF PEREZ IS
REPLACED BY A CHAVISTA, IT WILL GIVE CHAVEZ CONTROL OF THE
PENAL CHAMBER AS WELL. BOTH ARE CRITICAL BLOWS TO THE
OPPOSITION, WITH THE JUSTICES WHO HAVE STOOD UP TO CHAVEZ
RETIRING QUIETLY ON THE EVE OF THE REFERENDUM, AND THEREBY
GIVING CHAVEZ A TREMENDOUS TOOL IN THE EVENT HE LOOSES THE
REFERENDUM.


8. (C) THE TSJ NOMINATION PROCESS IS ONE MORE INDICATION OF
THE COLLAPSE OF INSTITUTIONAL INDEPENDENCE UNDER CHAVEZ.
NAMING CARRASQUERO, VELAZQUEZ, MEZZA AND FRANCESCHI TO THE
TSJ WILL FURTHER ERODE THE INSTITUTION'S CREDIBILITY.

SIPDIS
ADDITIONALLY, MANY OF THE TSJ NOMINEES FROM THE LOWER COURTS
ARE ALSO CLEARLY IDENTIFIED WITH CHAVEZ THROUGH CONTROVERSIAL
CASES THEY HAVE DEALT WITH, OR ARE POLITICAL APPOINTEES FROM
THE PAST. LOYALTY IS LIKELY TO BE GIVEN THE GREATEST WEIGHT
IN THE CHOICE OF THE NEW JUSTICES.
MCFARLAND

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2004CARACA02199 - CONFIDENTIAL