CODEL BALLENGER RAISES SUMATE CASE

C O N F I D E N T I A L CARACAS 003368

SIPDIS


NSC FOR CBARTON
USCINCSO ALSO FOR POLAD
STATE PASS USAID FOR DCHA/OTI

E.O. 12958: DECL: 09/28/2014
TAGS: PGOV KDEM PHUM VE
SUBJECT: CODEL BALLENGER RAISES SUMATE CASE


Classified By: Abelardo A. Arias, Political Counselor,
for Reason 1.4(b).

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Summary
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1. (C) Congressman Cass Ballenger and three House staffers
visited Caracas October 28-29 with the principal objective of
raising the case of the four representatives of the NGO
Sumate, who have been charged with treason for supporting the
recall referendum against President Hugo Chavez. To this
end, Ballenger met with three of the indicted Sumate
representatives, Supreme Court President Ivan Rincon, chief
prosecutor Danilo Anderson, and five foreign ambassadors.
Ballenger offered to help Sumate with a House Resolution in
support of their case and to elicit support from various
colleagues on the Hill. Though the requested meeting with
Chavez did not occur, the visit was well timed in that the
Sumate representatives face possible incarceration as early
as November 2. End summary.

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Machado Expects Imprisonment
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2. (C) Congressman Cass Ballenger visited Caracas October
28-29 accompanied by House staffers Ted Brennan, Caleb
McCarry, and Mark Wheat. The Ambassador hosted breakfast for
CODEL Ballenger and representatives of the NGO Sumate on
October 29. Present were Maria Corina Machado, Alejandro
Plaz, Luis Enrique Palacios, and Roberto Abdul, the first
three of which have been charged with treason for having
accepted a grant from the National Endowment for Democracy
(NED).

3. (C) The Ambassador summarized international efforts in
support of Sumate, including a letter signed by 31 prominent
international figures, a letter in support of the NED by
Congressmen Gregory Meeks and Christopher Cox, a visit on
November 7 by NED President Carl Gershman and NED Board
Member Terence Todman, statements by the Department
spokesman, demarches to and by EU members, and a letter and
possible call to Chavez by former President Jimmy Carter.
The Ambassador also took note of public comments against
President Hugo Chavez by National Security Advisor Rice and
presidential candidate John Kerry. Regarding press, the
Ambassador noted that the Wall Street Journal and Miami
Herald had run stories favorable to Sumate and that the
Washington Post might do so as well.


4. (C) The Ambassador briefed the Sumate representatives on
the Department's efforts to drum up support from European
governments, noting that the United Kingdom and France had
voiced concern to the GOV. Plaz added that he had heard that
Brazilian Foreign Minister Celso Amorim had called Venezuelan
Foreign Minister Jesus Perez on the case. Plaz acknowledged
the help locally of the Dutch and German ambassadors. Plaz
also mentioned that UN Secretary General Kofi Annan had
agreed to express support via a planted question at his next
weekly press conference.


5. (C) Machado said Sumate used the NED funds strictly for 24
workshops to educate citizens on voting rights. She said the
prosecutor working on the Sumate case had recommended to the
judge that the four Sumate representatives (including Ricardo
Estevez, who was not present) be jailed pending trial.
Machado said the 18-year sentence associated with the charges
made incarceration almost automatic. Machado believes there
is a strong likelihood that she and Plaz will be jailed
November 2. Plaz suggested this could be delayed a week by
legal maneuvering. Machado said she was unsure of the GOV's
intentions, calling the court case "a poker game." She
admitted it had been difficult to present her case to some
foreign ambassadors who dismissed the rebellion charges as a
GOV scare tactic. She expressed concern that their
imprisonment would strike fear into their volunteer network
and intimidate NGOs. Plaz predicted Chavez would step up
persecution of his enemes after the October 31 elections.


6. (C) Balleger told the Sumate representatives he regretted

that Chavez had not granted him an udience to raise Sumate.
Ballenger offered to spnsor a House Resolution in support of
Sumate onc the U.S. Congress comes back to session on
Novemer 15. Ballenger suggested that nother member, who he
said is closer philosophically to Chavez than he, might be
convinced to contact Chavez personally. The Ambassador noted
that a House Resolution might come after the Sumate
representatives are locked up, but would nonetheless have a
significant impact. Machado said she did not know how the
GOV might react to a resolution, but agreed it would be "huge
moral support" for their case. Ballenger also noted he had
sought support for Sumate's case with the local ambassadors
of Argentina, Canada, France, Mexico, and UK at a lunch
hosted by the Ambassador on October 28.

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Anderson Stands Firm
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7. (C) Congressman Ballenger and the Ambassador later met
with prosecutor Danilo Anderson. Congressman Ballenger
defended the role of the NED around the world, and the grant
to Sumate in particular. He asked Anderson if he had any
suggestions on how the USG could help resolve the questions
the Attorney General's office had about the NED. Anderson
told Ballenger that the prosecutor's office is investigating
the NED loans to Venezuelan NGOs because some of the groups
that received the money had allegedly engaged in crimes,
including civil rebellion, electoral crimes, and fraud. He
said the prosecutor in the case would probably decide whether
to charge the members of Sumate or close the case on November

2. The Ambassador asked if it would be helpful to have NED
President Gershman come to Venezuela and explain the NED's
procedures and the projects in question to the prosecutor's
office. Anderson said it was a good idea, and agreed to
express his interest in meeting to the MFA, which would
coordinate the NED's schedule.

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Rincon Dismisses NED Connection
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8. (C) Ballenger and the Ambassador also met with Supreme
Court Chief Justice Ivan Rincon. Ballenger told Rincon that
many members of the U.S. Congress were upset about the
Sumate/NED case. Ballenger opined that neither NED nor
Sumate had engaged in illegal or illegitimate activity. He
pointed out that the Congress contributes funds to many
international organizations, including the World Bank. He
said the criminalization of NED funding in Venezuela has led
many in Congress to suggest either that the Congress should
not give money to these international organizations, or that
the Congress should get more involved in deciding what loans
are approved. Ballenger stressed this message to Rincon,
expressing the anger in the Congress, and the possible effect
it could have on World Bank funding Rincon is seeking for the
Venezuelan judiciary.


9. (C) Rincon said it is not illegal to receive
international financial aid, adding that the Supreme Court
itself does so. He said the size of the NED loan made it
insignificant, and that even if the funds were put to some
use other than the one intended, the NED is not culpable
under Venezuelan law. The fact that most of the evidence was
obtained through FOIA made it clear it was not a covert
program. Rincon added, however, that Sumate may have
participated in illegal acts. He made a point of Sumate's
role as the organizational and technical nerve center of a
fractured opposition. He said the prosecutor's investigation
centered on possible crimes committed by Sumate in the
signature drive leading up to the recall referendum, and for
allegedly setting up a parallel Electoral Council.


10. (C) Ballenger asked for clarification on whether the
charges against Sumate stemmed from alleged illegal
financing, or if the political organizing they had engaged in
was illegal. Rincon said the investigation had not
determined yet that any crime had been committed, but if so
it had nothing to do with the NED. He said Attorney General
Isaias Rodriguez told him that the investigation of Sumate

had to be disconnected from the NED, as international
financing was not illegal. Rincon stressed the role of the
USG in helping reform the Judicial Branch in Venezuela
through bilateral and multilateral projects, and said he
hoped it would continue. Ballenger asked Rincon about
amendments to the Penal Code being discussed in the National
Assembly which would criminalize receipt of international
funds by NGOs. Rincon said he had nothing to do with the
proposal, and thought it was probably unconstitutional. He
promised if such a law were passed, the Supreme Court would
act.

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Comment
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8. (C) Ballenger's visit was useful in signaling to the GOV
our interest in the Sumate's highly politicized case, and
tying that interest directly to the U.S. Congress. President
Chavez is seeking to neutralize Sumate's capacity to
challenge him on electoral transparency. He also wants to
send a message to the Venezuelan NGO community that
activities contrary to GOV interests will not be tolerated.
Up to now, it has served Chavez's interest merely to threaten
Machado and company with jail time. He may be ready,
however, to turn up the political heat on the opposition,
similar to when Baruta Mayor Enrique Capriles was detained
earlier this year.


9. (U) Congressman Ballenger did not review this message
before transmittal.

Brownfield


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