Identifier
Created
Classification
Origin
04CARACAS651
2004-02-26 22:32:00
CONFIDENTIAL
Embassy Caracas
Cable title:  

CIVIL REBELLION CHARGES SPARK PROTESTS IN MERIDA

Tags:  PGOV PHUM VE 
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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 000651 

SIPDIS


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

E.O. 12958: DECL: 11/28/2013
TAGS: PGOV PHUM VE
SUBJECT: CIVIL REBELLION CHARGES SPARK PROTESTS IN MERIDA

REF: A. CARACAS 552


B. CARACAS 3161-2003

C. CARACAS 2032-2003

D. CARACAS 1746-2003

Classified By: Abelardo A. Arias, A/DCM, for reasons 1.4 (B) and (D)

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

C O N F I D E N T I A L CARACAS 000651

SIPDIS


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

E.O. 12958: DECL: 11/28/2013
TAGS: PGOV PHUM VE
SUBJECT: CIVIL REBELLION CHARGES SPARK PROTESTS IN MERIDA

REF: A. CARACAS 552


B. CARACAS 3161-2003

C. CARACAS 2032-2003

D. CARACAS 1746-2003

Classified By: Abelardo A. Arias, A/DCM, for reasons 1.4 (B) and (D)

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


1. (C) Pro-GOV Merida State Governor Florencio Porras ordered
an investigation against 24 opposition-aligned citizens in
January, alleging civil rebellion stemming back to events in
April 2002, when President Hugo Chavez was briefly removed
from power. Students led violent protests January 29 and
February 12 in support of the implicated Meridans, which
include student leaders and professors. Opposition leaders
have characterized the charges as a political witch hunt,
timed to leave them leaderless during regional elections and
distract attention from presidential recall efforts. Pro-GOV
contacts largely confirmed the political timing of the
charges, although they defended the Governor's right to press
them. End Summary.

-------------- --------------
24 Opposition Leaders Accused of "Civil Rebellion"
-------------- --------------


2. (U) Pro-GOV Merida State Governor Florencio Porras (Fifth
Republic Movement or MVR) started an investigation in January
implicating 24 opposition-aligned political, business, and
student leaders in civil rebellion during April 12, 2002.
The alleged rebellious acts the morning after President Hugo
Chavez was briefly removed from power involved opposition
supporters gathering outside the statehouse to demand Porras
also step down. University of the Andes (ULA) professor and
ex-Merida Mayor Fortunato Gonzalez told poloff February 5
that prosecutor Danilo Anderson delivered summons January 22
for 15 to 16 members of the group to attend a formal reading
of the charges January 29, which also include conspiracy,
assault, and deprivation of movement. In addition to
Gonzalez, Porras is accusing student leader Nixon Moreno,
Merida Chamber of Commerce President Cesar Guillen, Merida
Mayor and gubernatorial candidate Carlos Belandria
(Democratic Action or AD),and gubernatorial candidate and
former governor Jesus Rondon Nucete (Christian Democrat or
COPEI),among others.


-------------- -
Opposition Attacks Charges as Unconstitutional
-------------- -


3. (C) Guillen explained that he and seven other implicated
Venezuelans filed a joint motion to throw the charges out on
constitutional grounds. The judge concluded February 4 that
he was not competent to rule on the matter. Anderson claimed
Judge Aranbulo Brady was prejudiced against him and requested
another judge February 3. Convergencia party leader Luis
Izarra told poloff February 17 that the appeals court
rejected Anderson's argument February 12 and returned the
case to Brady.


4. (C) Dr. Marcos Avilio Trejo said when Anderson read him
the charges he learned he was being singled out for comments
published April 11, 2002, regarding the possible
constitutionality of a coup outlined in article 350.
According to Trejo, the Governor has repeatedly berated and
implied the guilt of the implicated on his weekly radio show,
for example saying "they should start working out to prepare
for the penitentiary Olympics." Trejo claimed the case
should be thrown out on the basis of a document signed by 16
public officials on April 12, 2002, including Porras, stating
the Governor never resigned and was never detained.

-------------- -
Opposition: Charges are a Political Witch Hunt
-------------- -


5. (C) Seven implicated contacts told poloff Army Gen. Wilmer
Moreno, who had taken control of statehouse security,
summoned them and others to the statehouse April 12 to
restore calm and discuss forming a transitional government.

Gonzalez asserted that all 200 opposition-aligned Venezuelans
who entered the statehouse at some point on April 12, 2002,
could ultimately be charged, though he speculated many of
them have already paid to get off the list. He alleged that
Gov. Porras intentionally accused a broad range of
Venezuelans, including political, business, academic, and
student leaders, to send the message that no one was beyond
his reach, including three Venezuelans who were not "anywhere
near the statehouse" during April 12.


6. (C) Ultimately, Gonzalez said they will prove "that we did
not ever detain, threaten, or attack" Porras. Gonzalez
lamented that having the law on their side might not matter
because "this is a purely political process with an executive
officer (Porras) controlling the judicial branch."
Opposition contacts universally told poloff February 4 and 5
that the real motive for the charges is to deflect attention
from efforts to convoke a presidential recall referendum,
install fear in the opposition, and leave them leaderless
during regional elections.

-------------- --------------
Most MVR Sources Agree Charges are a Political Tool
-------------- --------------


7. (C) Two out of three pro-GOV Merida contacts that
discussed the issue with poloff agreed that the charges were
political in nature. National Assemblyman Luis Velazquez
(MVR) told poloff February 11 that the events of April 12
constituted an "extreme" lack of respect for the Governor,
but that they did not rise to the level of civil rebellion
and Porras knows it. He said the charges, almost two years
after the event, were timed for "political effect" and that
the case would fall apart after the August regional elections
before any of the implicated spends any time in jail.
Nevertheless, he defended Gov. Porras' right to press charges
because "they hit him" and entered his offices without
consent.


8. (C) MVR state representative Guevara told poloff February
4 that the crowd's actions in 2002 did not constitute
rebellion and that most of them gathered because "it was
ambiguous what to do in this situation and people had heard
that the Governor resigned." However, he argued that Porras
had every right to exaggerate the charges and time them to
his greatest political advantage as "a question of strategy."



9. (C) Gov. Porras' Secretary, Luis Martin, defended the
substance and legality of the charges, claiming the crowd
intended to kill Porras and his inner circle. Martin
admitted to poloff February 5 that media video and photos
were the prosecution's only evidence, but argued that was
enough "to prove all those implicated were there or we
wouldn't have cited them." He also maintained that it was
normal to have a special prosecutor in special cases, citing
precedence in murder cases.

--------------
Charges Spark Violence in Student Protests
--------------


10. (C) Student-organized protests broke out January 29 and
February 12 in Merida in support of the implicated.
University of the Andes (ULA) student president Nixon Moreno
told poloff February 17 that other students protested across
Venezuela February 12 to show solidarity with the Merida
students, protest decisions made by the National Electoral
Council (CNE),and celebrate the Day of Youth (ref a).
Moreno claimed five students, one opposition protester, one
reporter (Victor Ferra with newspaper Cambio de Siglo),and
16 police were injured during the February march. He
explained the February march was peaceful until state police
started firing tear gas. Moreno, one of the implicated, said
he also faces similar charges of civil rebellion and public
damage for organizing the protests.


11. (C) Moreno claimed 12 students and four police were
injured in the January 29 protest. Moreno was one of five
students seriously injured with plastic bullets after he
urged protesters to cross police barricades from the roof of
a police paddy wagon. Moreno maintained the January 29
protest was necessary to prevent Gov. Porras from imprisoning

the implicated after they formally received the charges at
the state prosecutor's office the same day, a common
sentiment in opposition circles. (Note: Tachira state
Governor Blanco La Cruz imprisoned nine opposition leaders
similarly charged with civil rebellion during April 12, refs
b and c). However, Chamber of Commerce President Guillen
told poloff February 4 that the "demonstration was important,
but wouldn't have changed the outcome."

-------------- --------------
Chavistas Attack AD Headquarters While Leaders March
-------------- --------------


12. (C) AD state legislator and gubernatorial candidate Lubin
Diaz told poloff February 5 that during the January 29
demonstration, a group of about 80 pro-GOV "Chavistas"
ransacked the Merida headquarters of the Democratic Action
(AD) party. Most of the AD leaders and staff were
participating in the march at the time. Police showed up in
advance, but did not attempt to restrain the crowd until they
broke up the looting at about 2:30 p.m., said Diaz. He
claimed the group burned a wooden door and AD documents,
destroyed two nativity scenes, destroyed or stole office
equipment and computers, and removed a large steel door.
During the looting Esthela Lacruz, a local radio reporter,
told poloff that she had to use a filing cabinet drawer for
protection from projectiles from the crowd, who "did not want
me to cover the story." Diaz estimated about $7,000 of
damaged. He claimed a similar attack on AD headquarters
occurred February 12, 2003.

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


13. (C) The defense by the Merida Governor's Secretary of the
charges seemed particularly hollow, especially when he failed
to recall how many people were implicated or summoned ("20
something"). Additionally, when asked about the details of
the case, he replied only in blank stares and uttering the
mantra "they beat" the Governor. Once again, Danilo Anderson
has been handed a dubious political case, confirming what his
fellow prosecutors told us in June about his role as GOV
hatchet man (ref d).
SHAPIRO


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2004CARACA00651 - CONFIDENTIAL