CNE DIRECTOR MEJIAS INVOLVED IN NATIONAL GUARD

C O N F I D E N T I A L CARACAS 000527

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USCINCSO ALSO FOR POLAD
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E.O. 12958: DECL: 02/11/2014
TAGS: PGOV PHUM VE
SUBJECT: CNE DIRECTOR MEJIAS INVOLVED IN NATIONAL GUARD
SCUFFLE

Classified By: Mark Wells, Acting Political Counselor, for reasons 1.4
(B) and (D)

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Summary
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1. (C) An alleged attack on a National Assembly (AN) Deputy
Edgar (Democratic Action) Zambrano and National Electoral
Council (CNE) Director Sobella Mejias (pro-opposition) by
National Guard (GN) troops as the two dined on February 7
created a political firestorm. At issue is whether GN Gen.
Marcos Rojas, who was at the restaurant, ordered the supposed
attack. Rojas claimed opposition-aligned Zambrano scuffled
with photographers and that the GN was never involved. Some
pro-GOV AN Deputies attempted to shift attention to the
meeting, implying Zambrano and Mejias were conspiring to
influence the CNE to accept signatures calling for a recall
of President Hugo Chavez. The GN, national investigative
police, AN, and Public Prosecutors Office are all
investigating the incident. End Summary.

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Entering the Lion's Den
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2. (C) National Assembly (AN) Deputy Edgar Zambrano
(Democratic Action) accused National Guard (GN) Gen. Marcos
Rojas of orchestrating an attack on himself and National
Electoral Council (CNE) Director Sobella Mejias. The alleged
attack occurred February 7 at the El Faro restaurant in Catia
La Mar, Vargas state (near the Maiquetia International
Airport). Zambrano told poloff February 10 that he and
Mejias entered the restaurant at approximately 9 p.m.
precisely because the presence of National Guardsman posted
in the parking lot reassured them it would be safe. They sat
at a table in the opposite corner from the Gen. Rojas, who
was dinning at a large table with a mix of officers and
civilians. Rojas confirmed February 9 that he was at the
restaurant at the same time as Zambrano and Mejias.

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Deputy Zambrano: General Rojas Behind Attack
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3. (C) At about 9:20 p.m., two civilian-clothed men
approached their table and started taking photos. Zambrano
claimed Rojas, a supporter of President Hugo Chavez, sent the
men from his table to "harass and intimidate" Zambrano and
Mejias, who are linked to the opposition. Zambrano explained
that Gen. Rojas was baiting him into a trap, which he
admitted falling into by trying to take away one of the
cameras. Zambrano said the photographers asked no questions,
did not identify themselves, and did not attempt to explain
why they were taking the photographs, proving, Zambrano
claimed, that they were civilians working for Rojas, not
media photographers or concerned citizens. As he struggled
with the two men for the camera, four or five National
Guardsmen joined the brawl. Although Zambrano said during
television interviews that he was immediately overwhelmed in
the conflict, he boasted to poloff that he "got a few blows
in." Zambrano leaped over a counter to get to the General's
table and "plead with him to stop this barbarity." Zambrano
said Rojas ignored him completely and his entourage left
while National Guard troops pummeled him to the ground,
handcuffed him, and lead him to the GN pickup parked outside
the door. Zambrano claimed the Guardsmen beat him and called
him an "enemy of the state" and accused him of conspiring
with Mejias to "set a trap for the president." The Guardsmen
then allegedly moved him to a truck with a canopy to conceal
the continued assault before dumping him, still handcuffed,
in the parking lot and departing. Zambrano estimated the
confrontation took about 10 to 15 minutes.


4. (C) Zambrano said Mejias told him that immediately after
the fight broke out, two or three members of the wait staff
led her behind a cashier's counter and stood "valiantly"
between her and the troops. However, armed troops eventually
grabbed her by the arms, took her to the parking lot, and
held her there until they dumped Zambrano and drove away.
(Note: The language used to describe Mejias' treatment in
media reports, for instance claiming she was "shoved" or
"attacked" seemed slightly exaggerated compared to Zambrano's


account. End note.) Zambrano claimed Mejias repeatedly
yelled at the troops to respect Zambrano's immunity as a
member of the National Assembly. She claimed after they took
Zambrano out of the restaurant, the customers started singing
the opposition anthem "se va, se va, se va, se va" ("he
(Chavez) is going").

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Uncuffed and Angry, Zambrano Strikes Back
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5. (C) Mejias drove Zambrano back to Caracas to GN
headquarters in El Paraiso. (Note: he was not arrested or
taken to El Paraiso by the GN as reported initially. End
Note.) There he was treated "respectfully" by two Colonels
(Jaime Franklin Marquez_ and Jose Rafael Sequera Cohen) and
taken to the GN's Intelligence Division where the handcuffs
were finally taken off. He spent from 11:30 p.m. to 4 or 5
a.m. providing his complaint to GN officials and demanding
"justice." Sunday evening Zambrano filed a complaint with
the federal investigative police (CICPC),where Zambrano also
received a medical examination to document a black eye, cuts
and bruises on his hands and wrists (which he showed to
poloff),and alleged bruises covering most of his body.
Zambrano is accusing Gen. Rojas of: assault, injury, abuse of
power, instigation of violence, intent to kidnap, violation
of parliamentary and CNE immunity, violation of freedom of
movement, violation of freedom of expression, and abuse of
authority. Zambrano asserted "this is one person's fault,
that animal (Rojas). I will not press charges against the
soldiers for the orders of their commander." The Public
Prosecutor's Office (Ministerio Publico) announced its own
investigation February 10, although Zambrano did not request
it.

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Denials and Innuendo: Rojas "Outraged"
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6. (C) Gen. Rojas told reporters February 9 he was "surprised
and outraged" by the allegations. He said he was on his way
out of the restaurant when he observed Zambrano and Mejias
"arguing with some photographers" and denied that Guardsmen
were involved. Rojas speculated that the photographers were
likely interested in why a National Assembly deputy and a CNE
director were dining together, implying that they could be
plotting to influence CNE acceptance of signatures calling
for Chavez's recall. Although Rojas made no direct
accusation, he added that it was suspicious that Zambrano and
Mejias waited two days after the incident before denouncing
it. He also found it "curious" that Zambrano did not have a
hoarse throat or a black eye on television Sunday night, but
developed both by Monday morning, implying that Zambrano beat
himself up or had someone inflict the wounds Sunday night to
make his story more believable.

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National Assembly to Investigate Politicized Attack
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7. (C) The National Assembly agreed to open an investigation
of the incident during its February 10 session. "The only
information we have to date has come from the media," said AN
Vice President Ricardo Gutierrez, who demanded an
"exhaustive" report from the Ministry of Defense. Zambrano
told poloff before the session he expected Chavista support
for the investigation because "they respect me" and "this was
over the line." Although Gutierrez and other pro-GOV
legislators expressed disdain for any "form of aggression
against legislators," respect for Zambrano seemed lacking as
some GOV-aligned Fifth Republic Movement (MVR) firebrands,
such as Iris Valera, fiercely attacked the motives for the
meeting. Valera waved copies of the photographs and demanded
that the opposition "explain what is going on here." She
claimed the two had previously dined on February 6 in the
Caracas Hilton and claimed such meetings violated Article 294
of the Constitution, affirming CNE independence and
impartiality. Zambrano replied that he met with Mejias
"because I wanted to and because we live in a free and
democratic country." Ultimately the AN agreed to confine the
investigation to the confrontation, not the content of the
meeting, however, the AN commission will consist of a


majority of pro-GOV deputies, not an even split as proposed
by the opposition. A proposal by Deputy Gerardo Blyde
(Justice Fist) to suspend Rojas pending the outcome of the
investigation was also defeated.


8. (C) MVR Deputy Luis Velazquez told poloff February 11 he
disagreed with his colleagues' "infatuation" with the
meeting. "Clearly everyone can meet with each other, I met
with the old CNE directors." He added that Zambrano and
Mejias were only guilty of "a lack of sense" for giving MVR
extremists an opportunity to criticize the meeting at a "time
of extreme tension" and that Zambrano overreacted by
attacking the photographers. "People take our picture all
the time in the Assembly, he should be used to it." He
suspected that the photographers were indeed employees or
friends of Rojas, but that they acted on their own behalf,
not under the General's direction.

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Motives: Why Meet? Why Beat?
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9. (C) Zambrano said he met Mejias at a restaurant precisely
because "I have nothing to hide." As the opposition Assembly
representative to the CNE Restructuring Committee (Deputy
Willian Lara is the pro-GOV representative) he had legitimate
CNE business to discuss and, in any event, there's nothing
wrong or illegal about CNE directors meeting with deputies.
Zambrano claimed he heard a rumor that CNE President
Carrasquero meets with pro-GOV deputies Willian Lara and Luis
Tascon and that it did not bother him. Velazquez confirmed
that MVR leaders do met with CNE officials "as you would
expect."


10. (C) Zambrano said Rojas wanted to scare them and
symbolically intimidate the opposition, a strategy that will
backfire and give the opposition a clear example of GOV
bullying to rally against. He said the set-up was an
impromptu brainchild of Rojas and discounted anything more
organized or sinister. Both Mejias and Zambrano have spoken
out publicly and often about the incident, claiming it has
only galvanized their opposition to President Chavez. "I
have an obligation to the Venezuelan people, and I will not
allow this to intimidate me," Mejias said February 9.

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National Guard Accounts Schizophrenic
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11. (C) GN Adjutant General Luis Mota told DAO Officer
February 9 that it was the intelligence police (DISIP) that
fought with and handcuffed Zambrano. He claimed the GN had
nothing to do with the incident and that Gen. Rojas just "was
in the wrong place at the wrong time." He confirmed that the
GN took Zambrano's handcuffs off later, but that the
handcuffs had a DISIP serial number. Mota also alluded that
Zambrano may be blaming the GN to cover up an indiscretion
with Mejias under investigation by the DISIP. However,
another military source close to the case told DAO Officer
that members of the GN company stationed in Vargas were
indeed involved and accosted Zambrano. He added that one of
the "photographers" was a colonel from Gen. Rojas' table who
"was attacked and that is why he defended himself."

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Media "Testimony" Support Zambrano
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12. (C) According to media reports February 11, employees at
a pharmacy next to the restaurant claim they sold disposable
cameras to two men around 9 p.m. They claim the men then
rushed back into the restaurant. A anonymous witness at the
restaurant backed Zambrano's story during a call-in
television program February 10.

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Comment
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13. (C) Clearly, Zambrano or Rojas is lying, a gutsy act
considering a restaurant full of people witnessed the
incident. We tend to believe Zambrano, although he is likely


exaggerating and embellishing details. Rojas' argument that
Zambrano waited "two days" to complain is weak. Rojas
complained about the attack officially the same night (and
has the documents to prove it) and went public less than a
day after the attack. Because the event took place on a
Saturday night, it was not in the newspapers until Monday.
The fact that Iris Valera had copies of the photos February
10 and knowledge of another dinner the two had suggests there
is more to this than a bad dinner.
SHAPIRO


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2004CARACA00527 - CONFIDENTIAL