Identifier
Created
Classification
Origin
04CARACAS2202
2004-07-09 15:19:00
CONFIDENTIAL
Embassy Caracas
Cable title:  

TRIAL BEGINS IN TACHIRA 9 CASE

Tags:  PHUM PGOV VE 
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091519Z Jul 04
C O N F I D E N T I A L CARACAS 002202 

SIPDIS


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

E.O. 12958: DECL: 05/25/2014
TAGS: PHUM PGOV VE
SUBJECT: TRIAL BEGINS IN TACHIRA 9 CASE


CLASSIFIED BY: A/DCM ABELARDO A. ARIAS 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 CARACAS 002202

SIPDIS


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

E.O. 12958: DECL: 05/25/2014
TAGS: PHUM PGOV VE
SUBJECT: TRIAL BEGINS IN TACHIRA 9 CASE


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

--------------
SUMMARY
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1. (U) JUDGE GERSON NINO OPENED THE TRIAL AGAINST NINE
OPPOSITION LEADERS WHO HAVE BEEN IN PRISON FOR THE LAST YEAR
IN TACHIRA STATE ON JULY 6. THE NINE ARE CHARGED WITH CIVIL
REBELLION FOR THE EVENTS OF APRIL 11, 2002 IN SAN CRISTOBAL,
TACHIRA. AT THE OPENING OF THE TRIAL, PROSECUTOR JAIRO
ESCALANTE ACCUSED DEFENSE LAWYER PEDRO REY OF BRIBING ONE OF
THE TWO LAY JUDGES IN THE CASE. NINO REFUSED TO SUSPEND THE
TRIAL, THOUGH HE GAVE THE PROSECUTORS UNTIL JUNE 8 TO SHOW
THEY HAD EVIDENCE OF THEIR CHARGES. END SUMMARY.

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TRIAL BEGINS IN TACHIRA
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2. (U) JUDGE GERSON NINO OPENED THE TRIAL OF NINE OPPOSITION
LEADERS WHO HAVE BEEN DETAINED FOR THE PAST YEAR IN TACHIRA
STATE ON JULY 6. JUDGE NINO WILL TRY THE CASE IN TRIUMVIRATE,
WITH TWO LAYMEN. PROSECUTOR JAIRO ESCALANTE REQUESTED JUNE 6
THAT THE TRIAL BE SUSPENDED BECAUSE OF AN ACCUSATION AGAINST
DEFENSE LAWYER PEDRO REY FOR BRIBING ONE OF THE TWO LAYMEN
ASSIGNED TO THE CASE. JUDGE NINO REFUSED TO SUSPEND THE CASE,
AND GAVE THE PROSECUTORS UNTIL JUNE 8 TO PROVE THAT TAMPERING
HAD OCCURRED.


3. (U) THE NINE ARE ACCUSED OF CIVIL REBELLION FOLLOWING THE
EVENTS OF APRIL 11, 2002 IN SAN CRISTOBAL, TACHIRA. THE
CHARGES STEM FROM THE ALLEGED ATTEMPT ON THE PART OF THE
DETAINEES TO TAKE OVER THE GOVERNMENT OF TACHIRA FOLLOWING
THE "COUP" IN CARACAS ON APRIL 11, 2002. THE ACCUSED CLAIM
THERE WAS A VACUUM OF POWER, AND THAT THEY WERE ONLY TRYING
TO MAINTAIN ORDER WHEN THEY BRIEFLY TOOK CONTROL OF THE STATE
GOVERNMENT. THERE ARE THREE OTHER SUSPECTS, WHO HAVE NOT
TURNED THEMSELVES IN. TO DATE THIS CASE HAS HAD THREE
DIFFERENT JUDGES AND FOUR DIFFERENT PROSECUTORS IN CHARGE.
NA DEPUTY FOR TACHIRA CESAR PEREZ VIVAS (COPEI) TOLD
REPORTERS THAT TACHIRA GOVERNOR RONALD BLANCO LA CRUZ (MVR),
AND NA DEPUTIES FOR TACHIRA IRIS VARELA (MVR) AND LUIS TASCON
(MVR) WERE RESPONSIBLE FOR THE YEAR LONG DELAY IN THIS CASE,
BY ORGANIZING THE CHANGING OF JUDGES AND PROSECUTORS. ON JUNE
10 THE PENAL CHAMBER OF THE SUPREME COURT (TSJ) ORDERED JUDGE
NINO TO BEGIN THE TRIAL WITHOUT DELAY. ACCORDING TO PRESS
REPORTS, THE HEALTH OF SEVERAL OF THE DETAINEES HAS
DETERIORATED WHILE IN PRISON.

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REACTIONS
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3. (U) SUPPORTERS AND FAMILY MEMBERS OF THE NINE EXPRESSED
JOY AND RELIEF AT THE INITIATION OF THE TRIAL, ACCORDING TO
PRESS REPORTS. DEFENSE LAWYER PEDRO REY TOLD REPORTERS THE
TRIAL, "WILL ALLOW US TO PROVE THE INNOCENCE OF EACH AND
EVERY ONE OF OUR CLIENTS." THE MOTHER OF ONE OF THE DETAINEES
SAID, "FINALLY THE TRIAL IS GOING TO BEGIN; FINALLY WE ARE
GOING TO BE ABLE TO SHOW THE INNOCENCE OF ALL THE DETAINEES."

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COMMENT
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4. (C) THIS IS THE FIRST OF THE POLITICAL CASES TO MAKE IT TO
TRIAL. UP TO NOW THE GOV HAS USED A STRATEGY OF DELAYING
TRIALS AND HOLDING PEOPLE ON LITTLE EVIDENCE. NOW, THANKS TO
THE TSJ RULING, THEY MUST GO TO TRIAL. THERE IS LITTLE DOUBT
ABOUT THE POLITICAL ALLEGIANCES OF THE PROSECUTOR OR THE
JUDGE IN THE CASE. WHAT MUST BE CLOSELY WATCHED IS TO WHAT
DEGREE THE GOV STILL FEELS BOUND BY THE RULE OF LAW.
MCFARLAND

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2004CARACA02202 - CONFIDENTIAL