Identifier
Created
Classification
Origin
05CARACAS1522
2005-05-17 21:02:00
CONFIDENTIAL
Embassy Caracas
Cable title:  

VENEZUELAN JUDICIAL PURGES: ENDING CORRUPTION OR

Tags:  PGOV PHUM KJUS VE 
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172102Z May 05
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)

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Summary
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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)

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Summary
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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.

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Provincial Purges
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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.

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Death of Tenure?
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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.

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Replacements Ready to Go
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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.

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What the Future Holds
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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.

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MVR Critique
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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.

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Comment
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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


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2005CARACA01522 - CONFIDENTIAL