TSJ ELECTORAL CHAMBER ORDERS CNE TO VERIFY

C O N F I D E N T I A L CARACAS 000898

SIPDIS


NSC FOR TSHANNON AND CBARTON
USCINSO ALSO FOR POLAD
STATE PASS USAID FOR DCHA/OTI

E.O. 12958: DECL: 03/15/2014
TAGS: PGOV PHUM KDEM VE
SUBJECT: TSJ ELECTORAL CHAMBER ORDERS CNE TO VERIFY
SIGNATURES


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

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Summary:
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1. (U) The Electoral Chamber of the Supreme Court of Justice
(TSJ),issued a ruling March 15 ordering the National
Electoral Council (CNE) to include more than 800,000
presidential referendum signatures among the valid signatures
that will be subject to the appeals process (reparo). In
theory, the decision gives the opposition enough signatures
to schedule a presidential recall referendum. Caracas Mayor
Freddy Bernal (MVR) called the decision illegal and said they
would take the matter to the Constitutional Chamber. End
Summary.

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Electoral Chamber Storms Back, Rules for the Opposition
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2. (U) Justice Alberto Martini, president of the Electoral
Chamber of the Supreme Court of Justice (TSJ),announced a
ruling March 15 ordering the National Electoral Council (CNE)
to include more than 800,000 presidential referendum
signatures among the valid signatures that will be suject to
the appeals process (reparo). The CNE had placed the
signatures in question in an "under observation" category
because some corresponding data on the petition forms was
written in the same handwriting. An opposition suit claims
the CNE never published guidelines directing signers to fill
in all information with separate handwriting, and therefore
alleges the CNE's failure to certify the signatures is
illegal (septel).


3. (U) The Electoral Chamber's decision came after legal
motions lodged by the opposing sides, and a March 11
declaration by the TSJ's Constitutional Chamber that
purported to take jurisdiction on the case away from the
Electoral Chamber. In his announcement, Martini questioned
TSJ Constitutional Chamber President Ivan Rincon's motivation

SIPDIS
for issuing what he described as an invalid and illegal
ruling assuming jurisdiction. Martini emphasized that the
Electoral Chamber holds primary authority for all electoral
issues, and suggested the Constitutional Chamber issued its
decision without a valid quorum of justices.

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Constitutional Court Reiterates Legitimacy
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4. (U) Within two hours of the Electoral Chamber's
announcement, Constitutinal Chamber president Ivan Rincon
issued a statement defending the March 11 decision claiming
jurisdiction. The statement said that four of the
Constitutional Chamber's five justices were present, forming
a valid quorum, and refused to give ground on the Electoral
Chamber's claims of exclusive purview over matters having to
do with the CNE.

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GoV Quick to Criticize; More Legal Moves Coming
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5. (U) Freddy Bernal, the mayor of Caracas' Libertador
Municipality and a member of Chavez's ruling Fifth Republic
Movement (MVR) party, responded immediately to the Electoral
Chamber's decision on behalf of the GoV. Bernal called the
decision illegal and in violation of the Constitutional
Chamber's jurisdiction. Bernal said the MVR national
directorate would shortly appeal the decision to the TSJ's
Constitutional Chamber. (Note: There was no explanation
offered for why Bernal was teh spokesman for this legal
issue.)

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Opposition Buoyed, But Not Counting Its Chickens
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6. (C) Jose Luis Mejias of the opposition Premero Justicia
party, told poloff March 15 he expects the Electoral Chamber
decision to be challenged in the Constitutional Chamber.
Nevertheless, Mejias said the decision may give the
opposition another two or three days of breathing room to
negotiate a better deal for an appeals process.

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Comment:
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7. (C) Today's court announcement is merely another move in
the continuing legal contest between the parties. In theory,
the Electoral Chamber's decision adds 800,000 to the 1.8
million signatures the CNE has already verified, bringing the
total to 2.6 million, more than the 2.4 million minimum
necessary to schedule a presidential recall referendum. But
the TSJ's wrestling match over control of election issues may
not be settled soon. Both sides say a majority of justices
in the Electoral Chamber are pro-opposition, while a majority
in the Constitutional Chamber are pro-Chavez. Under Court
rules, if two chambers of the TSJ issue conflicting rulings,
the decision could be thrown to the whole TSJ sitting en
banc, where court-watchers believe the tribunal is deadlocked
ten to ten. But an outright victory is not necessary.
Pro-Chavez justices may delay a final decision on the
question, effectively allowing the CNE to operate
independently. If a final resolution is reached, it will
likely result from a political deal rather than from a clear
legal pronouncement.
SHAPIRO


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2004CARACA00898 - CONFIDENTIAL