SUMATE LEADERS TO BE TRIED; NO INCARCERATION

C O N F I D E N T I A L CARACAS 002072

SIPDIS


NSC FOR CBARTON
USCINCSO ALSO FOR POLAD

E.O. 12958: DECL: 02/25/2014
TAGS: PGOV PHUM VE
SUBJECT: SUMATE LEADERS TO BE TRIED; NO INCARCERATION
ORDERED


Classified By: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASONS 1.4 (d
)

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SUMMARY
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1. (C) A Caracas court ruled July 7 that Sumate's leaders -
Maria Corina Machado, Alejandro Plaz, Luis Enrique Palacios
and Ricardo Estevez - would stand trial for conspiracy for
accepting National Endowment for Democracy (NED) funds. The
court did not/not order detention measures for Sumate's
leadership pending trial, despite the prosecution's
insistence that they posed a flight risk. If convicted,
Sumate's leadership could face prison terms of up to sixteen
years. In the press conference following the judge's ruling,
Machado encouraged Sumate volunteers to press forward on the
second phase of the NGO's campaign to challenge
irregularities in Venezuela's electoral registry. A trial
date has not yet been set. End summary.

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Sumate Leaders To Be Tried for Conspiracy
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2. (U) After numerous court delays and much speculation, a
Caracas court ruled July 7 that Sumate's leadership - Maria
Corina Machado, Alejandro Plaz, Luis Enrique Palacios and
Ricardo Estevez - would stand trial for conspiracy under
Article 132 of the Venezuelan penal code. Article 132 reads
in part that "(Venezuelans) who conspire to destroy the
republican political system that governs the nation will be
punished with eight to sixteen years in
prison...(Venezuelans) who ask for foreign intervention in
domestic political affairs...are subject to the same
punishment." Machado and Plaz are charged with conspiracy,
while Palacios and Estevez face the lesser charge of
complicity in the crime of conspiracy, allegedly committed
with NED funds.


3. (U) The court ruled that Sumate's leadership should not
be incarcerated during the trial. In November 2004, the
Penal Chamber of Venezuela's Supreme Court ruled that no
detention measures be ordered against the group because they
were neither dangerous nor a flight risk. The prosecution
had requested that Machado and Plaz be incarcerated pending
trial and that secondary detainment measures which included
an order not to leave the country be issued against Estevez
and Palacios. The defense challenged the prosecution's
continued insistence on incarceration, stating that "Supreme
Court decisions are not open to appeal and are obligatory."

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Sumate Reacts
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4. (U) At the press conference following the ruling, Machado
and Plaz voiced disappointment with the court's decision.
Sumate's defense lawyer Juan Martin Echeverria told reporters
that the court had admitted all of the prosecution's
evidence, while admitting only part of the defense's.
Echeverria pointed out that in admitting only part of the
defense's arguments, the court had directly contravened a
November 2004 Venezuelan Supreme Court order. Under that
order, Sumate is also to have the opportunity to obtain
testimony from members of the National Endowment for
Democracy board, which as Sumate's lawyers note, they still
plan to do.


5. (U) Machado used the press conference to encourage Sumate
volunteers in the fight for clean elections. She asserted
that the proceedings against Sumate formed part of a strategy
of persecution designed to limit the organization's
participation in civic life, stating that "They want to
intimidate us in order to paralyze our campaigns of citizen
education, mobilization and participation." She urged Sumate
volunteers to press forward on the second phase of the NGO's
campaign to challenge irregularities in Venezuela's electoral
registry.

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Limited Observer Presence Expected to Expand
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6. (C) American Bar Association (ABA) InternatiQHuman
Rights Trial Observer Project representative Doug Cassel told
the Ambassador July 7 that observer presence at the hearing
July 6 was limited to the ABA. PolCouns confirmed that the
Europeans had not sent observers. Cassel said the ABA's
preliminary report on the proceedings against Sumate would be
presented to ABA's board in August. The criteria the ABA
will use to judge the legality of the proceedings against
Sumate include: whether Article 132 of the Venezuelan penal
code meets international standards of clarity and precision,
whether there are procedural issues such as the non-random
appointment of judges to the case that impede a fair trial,
and the broader context of the politicization of Venezuela's
judiciary. Cassel added that he would most likely recommend
that the ABA publish the report which would generate further
international support for Sumate.

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COMMENT
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7. (C) The court's decision to proceed with Sumate's trial
was not unexpected. The next step is for the court system to
select a trial venue. Although according to procedures this
is to be accomplished at random, as in practically all of the
politically motivated cases currently coursing through
Venezuela's judiciary, the judge and court are likely to be
among the handful identified with the government. The
process itself is unlikely to be speedy. It benefits Chavez
to have the matter hanging over the Sumate leaders. The
unresolved prosecution with possible jail time is a
convenient electoral issue, intimidates Sumate members, and
serves as a warning to all politically active NGO's in
Venezuela. Embassy Caracas will follow the case closely. We
would also urge the Department to continue communication with
NED officials regarding the Sumate's defense in obtaining
testimony for the trial.
Brownfield


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