VENEZUELAN JUDICIAL PURGES: ENDING CORRUPTION OR

C O N F I D E N T I A L CARACAS 001522 SIPDIS NSC FOR CBARTON USCINCSO ALSO FOR POLAD E.O. 12958: DECL: 02/25/2014 TAGS: PGOV PHUM KJUS VE SUBJECT: VENEZUELAN JUDICIAL PURGES: ENDING CORRUPTION OR OPPOSITION? Classified By: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASON 1.4 (d) -------------- Summary -------------- ¶1. (U) The Venezuelan Supreme Court removed 53 judges, a mix of tenured and provisional magistrates, in the states of Lara, Tachira, Falcon, Vargas, and the city of Caracas in early May, accusing them of complicity with drug traffickers and other irregularities. Supreme Court Judicial Committee President Luis Velazquez Alvaray told reporters May 7 80% of all judges could eventually be removed. On May 4 Supreme Court Justice Carman Porras announced that the Court would begin a process to give tenure to all provisional judges May ¶16. End Summary. -------------- Provincial Purges -------------- ¶2. (U) Supreme Court Judicial Commission President Luis Velazquez Alvaray announced May 2 that 16 judges had been fired in Lara State, the courts taken over by the National Guard, and shut down temporarily. Velazquez accused the judges of criminal behavior and links to drug traffickers, adding that the measure was the beginning of a drive to reform the judicial system throughout the country. Two days later, Velazquez announced the suspension of 26 judges in Tachira State and one in Vargas State. Supreme Court Justice Luis Ortiz, who is also head of the Judicial Inspectorate, said an additional nine judges had been removed in Falcon State, and two in Caracas. Velazquez and Ortiz used the terms "suspended", "fired", and "removed" interchangeably, leaving it unclear exactly what actions have been taken. Velazquez noted that 41 of the 42 judges affected in Lara and Tachira States were tenured judges. The total number of judges affected was 53. -------------- Death of Tenure? -------------- ¶3. (C) On May 5 Supreme Court President Omar Mora told reporters untenured judges suspected of wrongdoing would be fired outright, while tenured judges would be suspended indefinitely without pay while under investigation. The Judicial Commission first used this penalty against a tenured judge February 3, when it suspended 10th Appeals Court of Caracas Judge Hertzen Vilela after his court revoked a lower court order in the Carmona Decree case. 4th Appeals Court Judge Liliana Vaudo told poloff March 10 that up until the Vilela suspension, tenured judges had been suspended by the Judicial Committee with pay, until a disciplinary panel investigation determined if a sanction should be applied. 2nd Appeals Court Judge Clotilde Condado told poloff March 28 that the Vilela decision was instrumental in creating an atmosphere of fear in the courts, especially among tenured judges, who have been among the few remaining independent judges. -------------- Replacements Ready to Go -------------- ¶4. (C) Jose Rosario Gonzalez, President of the Tachira State Legislature for the Movimiento Quinta Republica (MVR), told reporters May 4 that the MVR had a list of proposed substitutes for the dismissed judges ready and would submit it to the Supreme Court. Pedro Pablo Alcantara, National Assembly Deputy for Lara State (Accion Democratica),told poloffs May 5 that the Supreme Court was replacing corrupt Chavista judges who would be unable to pass the planned exam for tenuring and substituting them for more capable candidates, who would then be in position to become permanent tenured judges. -------------- What the Future Holds -------------- ¶5. (U) Supreme Court Justice Carmen Elvigia Porras, who is responsible for the Supreme Court's Judicial School, announced on May 4 that courses would begin on May 16 to give tenure to provisional judges. Following the month long courses provisional judges will take an exam, evaluated by Supreme Court justices, and receive tenure on passing. The first judges evaluated will be the 138 provisional appeals court judges in the country, according to Porras. -------------- MVR Critique -------------- ¶6. (C) MVR Deputy Roberto Quintero told poloff April 22 that since Chavez's election, the judicial system has only gotten worse. He said incompetent judges had been hired, and that corrupt officials have misused resources for the justice system. Quintero said Velazquez has the support of Chavez and the MVR to reform the system. He said new judges are needed, but they should not be selected on the basis of loyalty, but rather capability, reputation, and training. MVR Deputy Luis Tascon told poloff April 28 that the use of the referendum petition signers list in selecting applicants was justified in the cases of judges and prosecutors, who had to be loyal to the state and the constitution. He said that while the quality of the people the government named as judges and prosecutors is inferior to the opposition supporters who were being removed, it is an unavoidable price to pay, and that the situation would improve in 20 years after the creation of the "new man" was complete. -------------- Comment -------------- ¶7. (C) The provincial purge of judges is the beginning of a major shakeup in the Venezuelan judiciary. While it seems likely that many of the remaining independent judges will be affected, some of the corrupt, lazy, and incompetent "Bolivarian" judges may also end up being removed. Meanwhile, the Supreme Court will probably move forward quickly to tenure Venezuela's judges, in an attempt to undercut the charge that its judges are not independent because of their provisional status. The GOV will not give up political control of the courts. At best, the new process is aimed at cleaning up some of the corruption in the system. At worst, it is aimed at purging the last remnants of judicial independence while replacing judges loyal to the former Supreme Court leadership with judges loyal to the new leadership. Brownfield NNNN 2005CARACA01522 - CONFIDENTIAL