SUMATE CASE TO GO FORWARD, BUT SLOWLY

C O N F I D E N T I A L CARACAS 003618 SIPDIS NSC FOR CBARTON USCINCSO ALSO FOR POLAD E.O. 12958: DECL: 05/25/2014 TAGS: PHUM KJUS VE SUBJECT: SUMATE CASE TO GO FORWARD, BUT SLOWLY Classified By: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASONS 1.4 (d ) -------------- Summary -------------- ¶1. (C) A ruling by the Penal Chamber of Venezuela's Supreme Court November 16 is likely to result in a long delay in the case against the NGO Sumate. The Chamber's ruling requires the lower court to admit several pieces of evidence into the case prior to a preliminary hearing, including testimony by four National Endowment for Democracy (NED) officials, which according to defense lawyers may take over a year. The Penal Chamber decision forbids the lower court from detaining the leaders of Sumate, determining that they are not a flight risk, or dangerous. End Summary. -------------- Penal Chamber Ruling -------------- ¶2. (U) The Penal Chamber of the Venezuelan Supreme Court ruled November 16 on various issues in the case against directors fo the NGO Sumate. The Chamber ordered the lower court hearing the case to admit 3 of 13 pieces of evidence the defense had requested, and which the prosecutor, Luisa Ortega, and the control court had rejected. The Chamber ordered the court not/not to order pre-trial detention for the suspects, ruling that they were neither dangerous, nor a flight risk. Justice Alejandro Angulo Fontiveros, considered a strong Chavez supporter, wrote the decision. ¶3. (U) The Penal Chamber ordered the court to admit as evidence transcripts Chavez' weekly television program Alo Presidente where he accused Sumate of receiving funds from the National Endowment for Democracy (NED) to overthrow the GOV, financial records which the defense claims prove that Sumate used the NED funds for licit purposes, and the testimony of 4 of the 32 NED officials the defense had requested. These are: President Carl Gershman; President of the Board of Directors Vin Weber; Vice President of the Board of Directors Thomas Danahue; and Treasurer Julie Finley. ¶4. (U) The Chamber instructed the prosecutor to question the NED officials on four points, which the Chamber indicated demeaned Venezuela's democratic institutions. The first is Carl Gershman's statement, while visiting Venezuela, that Venezuela is "neither a democracy nor a dictatorship, but something in-between." The second is whether the NED considers democracy to be government by the majority. The third is whether the NED believes the mandates of the UN should be obeyed by member states. The fourth is exactly how Sumate spent the NED money it was given. -------------- Defense Reaction -------------- ¶5. (C) Sumate defense lawyer Jesus Loreto told PolOff November 19 that the defense would request the testimony of the NED officials through letters rogatory. He said that in his experience this process could take a year or more. He noted that the ruling was not clear on whether the ten other pieces of evidence were disallowed, or just not specifically authorized. -------------- Comment -------------- ¶6. (C) This ruling kicks the case against the Sumate directors down the road several months, at a time when the USG and others were exerting heavy pressure on the GOV and the Supreme Court to do something about the case. The Supreme Court has an independent interest in maintaining its international standing, and the case was endangering it. The ruling delays, rather than solves the problem, but that may be the best the Supreme Court can do, given the obvious GOV interest in the case. Brownfield NNNN 2004CARACA03618 - CONFIDENTIAL