Identifier
Created
Classification
Origin
04CARACAS329
2004-01-29 20:45:00
CONFIDENTIAL
Embassy Caracas
Cable title:  

DAS DESHAZO'S MEETING WITH CHIEF JUSTICE RINCON

Tags:  PREL PGOV VE OAS 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L CARACAS 000329 

SIPDIS


STATE PASS USAID FOR DCHA/OTI
NSC FOR CHRIS BARTON
USCINCSO FOR POLAD

E.O. 12958: DECL: 01/27/2014
TAGS: PREL PGOV VE OAS
SUBJECT: DAS DESHAZO'S MEETING WITH CHIEF JUSTICE RINCON

Classified By: Ambassador Charles S. Shapiro for reasons
1.4(b) and (d)

-------
Summary
-------

C O N F I D E N T I A L CARACAS 000329

SIPDIS


STATE PASS USAID FOR DCHA/OTI
NSC FOR CHRIS BARTON
USCINCSO FOR POLAD

E.O. 12958: DECL: 01/27/2014
TAGS: PREL PGOV VE OAS
SUBJECT: DAS DESHAZO'S MEETING WITH CHIEF JUSTICE RINCON

Classified By: Ambassador Charles S. Shapiro for reasons
1.4(b) and (d)

--------------
Summary
--------------


1. (C) During a January 22, 2004 meeting with Supreme Court
(TSJ) Chief Justice Ivan Rincon, WHA Deputy Assistant
Secretary Peter DeShazo noted that the USG remains vitally

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interested in a democratic and electoral process, supports
the efforts of the Carter Center and the Organization of
American States (OAS) to monitor the signature verification
process, and views as absolutely essential the independence
of the National Electoral Council (CNE). Rincon said the TSJ
will not be biased in any decisions regarding a referendum.
Following the meeting, Rincon publicly reminded the CNE to
verify signatures for recall referenda responsibly and
pledged the TSJ would remain vigilant. Rincon's public
statement shows a willingness to immediately translate
privately communicated USG concerns into public statements.
End Summary.

-------------- --------------
Rincon Praises Embassy Support for Judicial Reform
-------------- --------------


2. (C) On January 22, 2004, WHA Deputy Assistant Secretary
Peter DeShazo, the Ambassador, and PD Officer met with
Justice Ivan Rincon, the President of Venezuela's Supreme
Court of Justice (TSJ). Justice Jesus Cabrera, also a member
of the TSJ's Constitutional Chamber, joined the meeting as
it was drawing to a close.


3. (C) Rincon welcomed DAS DeShazo to the TSJ and thanked
the Ambassador for continued Embassy assistance with
Venezuela's justice sector reform efforts. Rincon noted the
success of a recent Embassy-sponsored program in which
several Venezuelan judges and a Supreme Court Justice
traveled to the United States. Rincon said he admired the
manner in which the US justice system allowed for cooperation
between levels of authority, for example between the military
courts and the civil police.

-------------- -
USG Interest in Signature Verification Process
-------------- -


4. (C) DAS DeShazo told Rincon he had returned to
Venezuela to express USG support for a constitutional,

electoral, democratic, and peaceful solution to Venezuela's
political impasse, of which the current process of
verification of signatures by the CNE is the key element.
DeShazo underscored that the USG strongly supports the
efforts of the Carter Center and the Organization of American
States (OAS) to monitor the signature verification process.
He further emphasized the need to ensure that the CNE be able
to operate in an atmosphere of transparency and autonomy,
free from interference.


5. (C) Rincon said the constitution assigns
responsibilities to the CNE, but the TSJ is charged with
ensuring a legal framework. The verification process, said
Rincon, involves certifying signature forms (planillas) and
tally sheets (actas). Rincon said the verification task is
squarely in the hands of the five CNE directors, and they
will be responsible for verifying the signatures to get to a
recall referendum for Chavez, as well as verifying signatures
for recalling various legislators. Any citizen could of
course appeal any CNE decision to the TSJ, but he expected
appeals to be decided rapidly.


6. (C) The Ambassador asked whether authentic signatures
would be disallowed for technical reasons if, for example, a
signature form was not properly accounted for in the
corresponding tally sheet. Rincon responded that everything
would be certified by the CNE and that such issues would
certainly depend on the rules that body established. The
TSJ,s Electoral and Constitutional Chambers, he said, could

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not decide such things beforehand and making statements on
the verification process from the TSJ may be

counterproductive. Rincon offered an example of Chavez
supporters or the president himself making undiplomatic
remarks about the Ambassador, President Bush or National
Security Advisor Condoleeza Rice. Rincon noted that
responding to Chavez is not always wise. So it is, he said,
with the current CNE process. If the signatures are
verified, that will open a road to a recall referendum.

--------------
FEDECAMERAS Wilted, Jimmy Carter Inspiring
--------------


7. (C) Rincon responded to several questions by the DAS
and the Ambassador about current players in the Venezuelan
electoral and political scene. While the press and Chavez
had problems, the press, said Rincon, was a good institution.
Rincon said the power of FEDECAMERAS, a business collective
and a coordinator of the crippling national strike in
December 2002-February 2003, had now largely disappeared.


8. (C) Rincon recalled that during the attempted coup in
April 2002, a million people were in the street, creating a
very "dangerous moment" and an environment where people were
being killed and little hope existed for an electoral
solution. Rincon noted that former President Jimmy Carter
called on Venezuelans to be peaceful and that was
instrumental in getting the parties to settle down and
proceed towards a peaceful solution.

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Cabrera Walks in, Rincon Changes Topic
--------------


9. (C) Late in the conversation, Justice Jesus Cabrera,
vice president of the TSJ's Constitutional Chamber, joined
the meeting. When Cabrera entered, Rincon changed the topic
to the current jockeying to change the internal rules of the
National Assembly and recall politics. Rincon said Chavez
supporters are seeking to solidify their control of the
National Assembly to ensure they retain some power if Chavez
falls. He noted that the opposition was at a disadvantage
because Chavez had been running for office for five years and
the opposition still has no single candidate to challenge
him.

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TSJ Constitutional VP Pledges No Bias

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--------------


10. (C) Cabrera said the USG should be assured that there
will be no advantage given to either Chavez or to his
opponents if the Court is asked to review issues regarding a
recall referendum. Nevertheless, he noted that Chavez
supporters obviously did not participate in the signature
drive to remove the president and therefore would most likely
not come before the court. (Note: Cabrera ignored the
possibility that the Court may review issues stemming from
the several signature petitions to recall opposition
legislators brought by Chavez supporters.) Without
prompting, Cabrera emphatically denied reports that the
TSJ,s Constitutional Chamber is controlled by Chavez,

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stating decidedly, "our decisions will not be political."


11. (C) Rincon added that the opposition should have faith
in the TSJ's Constitutional Chamber, noting it was that
chamber that ruled against Chavez in the treason case brought
against military officers following the April 2002 coup
attempt. He repeated a line from his speech at the opening
of the TSJ's decision: "Our party is democracy."

--------------
Rincon Warns CNE in Public Statement
--------------


12. (U) Following his meeting with DAS DeShazo and the
Ambassador, Rincon took to the airwaves to remind the CNE to
act prudently. Speaking with the press, the Chief Justice
said the CNE must do everything possible to fulfill its
responsibility to follow the rules it had established to
verify signatures in the several petitions for recall

referenda, and it must do so in the time required. Rincon
softened his remarks by saying he was confident the CNE would
act as requested. Additionally, he pledged that the TSJ
would remain vigilant to ensure the "people's will" was
respected.

--------------
Comment
--------------


13. (C) Rincon presides over a court split evenly along
ideological lines. Rincon is regarded as a centrist leaning
toward Chavez, but is not loved by Chavez supporters or the
opposition. The rumor mill has it that once the Assembly
increases the number of TSJ magistrates from 20 to 30, Chavez
will name Rincon, a devout Catholic, to be ambassador to the
Vatican. Rincon's public statement immediately following his
meeting with DAS DeShazo sends a double message. First, it
shows an interest in encouraging the CNE to press through
with its signature verification for a possible recall.
Second, it shows a willingness to support the USG and the
international community by immediately translating privately
communicated concerns into public statements.


14. (U) DAS DeShazo reviewed this message.
SHAPIRO


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