OPPOSITION LEGAL CRUSADER SENTENCED FOR DEFAMATION

C O N F I D E N T I A L CARACAS 000498

SIPDIS


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

E.O. 12958: DECL: 02/14/2015
TAGS: PGOV PHUM KDEM VE
SUBJECT: OPPOSITION LEGAL CRUSADER SENTENCED FOR DEFAMATION

REF: A. 04 STATE 3944

B. 04 CARACAS 3291

Classified By: Abelardo A. Arias, Political Counselor,
for Reasons 1.4(b).

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Summary
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1. (C) Constitutional lawyer Tulio Alvarez_ was sentenced on
February 10 to two years and three months in prison for
defamation of character in a trial fraught with
irregularities. Alvarez_ received the sentence for accusing
pro-Chavez legislator Willian Lara of corruption in the
handling of National Assembly funds. Alvarez_, who was the
editor of the opposition's report of fraud in last year's
recall referendum, made the allegedly defamatory comments in
public discussion of the case of former National Assembly
workers who he represents. The workers allege Lara
wrongfully dismissed them and then denied them pension
rights. Now facing a prison sentence, Alvarez_ says he will
mount a "political resistance" movement against President
Hugo Chavez, with the goal of an opposition boycott of next
year's presidential elections if the electoral system is not
fixed. End summary.

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Whistleblower Sentenced
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2. (U) High profile Venezuelan lawyer Tulio Alvarez_ was
sentenced on February 10 to two years and three months in
prison for defaming of character against a pro-Chavez
legislator. Alvarez_, representing an association of former
National Assembly workers, filed charges against Willian
Lara, a Fifth Republic Movement (MVR) Deputy, for misuse of
pension funds when the latter was president of the National
Assembly. When Alvarez_ commented publicly on the case to the
press, Lara sued Alvarez_ for defamation of character. The
sentence handed down lengthens the normal criminal libel
punishment because the offense was "aggravated" (printed in
the press) and "continuous" (Alvarez_ repeated his
allegations, even after being convicted). The sentence
should be published by February 20, after which Alvarez_ has
10 days to appeal. The time periods give Alvarez_ up to two
months before he is incarcerated. (Note: Alvarez_ had
previously gained notoriety for alleging corruption in the
administration of President Hugo Chavez, including several
cases personally implicating Chavez. The Attorney General
has taken no action on Alvarez_'s complaints.)

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Irregularities/Harassment In Trial
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3.(C) Alvarez_ told poloff February 11 his case was an
egregious violation of due process. The case proceeded at an
incredibly fast pace by Venezuelan standards, pushed by
Lara's attorney Esther Bigott, who is known as Chavez's
personal lawyer. A representative of the pensioners'
association testifying on Alvarez_'s behalf, for example, was
detained briefly when Bigott accused the witness of lying.
Alvarez_ noted also that the judge took the unprecedented step
of issuing a travel restriction on Alvarez_ prior to the
trial, which he called a rarity in libel cases (ref a). "My
only crime," he said, "was to given an opinion."


4. (C) Alvarez_ also said he was being personally harassed.
The evening after sentence was handed down, for example,
someone ransacked his law office, destroying two computers in
the process. Alvarez_ said the intruders, who were not
identified, defecated on his legal papers. Additionally, he
said, investigators had broken into his Hotmail e-mail
account and intercepted his e-mails. Alvarez_ said a trial
witness told him the judge had shown her correspondence
between Alvarez_ and her. Alvarez_ asserted that commandos
from the GOV's intelligence service (DISIP) had been
following him throughout the proceedings. He told poloff he
had expected to go straight to jail and did not understand
why he had been allowed to remain free pending appeal.
Rather than seek asylum in another country, Alvarez_ said, he
is prepared to serve out his time.

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A Political Lynching
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5. (C) Upon being sentenced, Alvarez_ mirthfully told
reporters he had undergone a political lynching. He said
that from that day forward, he would no longer work as an
attorney because "the law no longer exists." (The sentence
does not prohibit him from practicing law, and Alvarez_ has
also said he would continue to work for his clients'
interests.) He told poloff the motive behind his political
persecution was to halt his fraud investigation, which he had
coordinated on behalf of the Coordinadora Democratica after
the recall referendum (ref b). Alvarez_ had made a successful
trip to Colombia in December to give conferences about fraud
in the August 2004 referendum. Alvarez_ said he also had
given the Government of Colombia evidence of FARC guerrillas
who had been given national identity cards in the states of
Apure and Amazonas in the run-up to the referendum. He said
the GOV knew of his plans to travel to New York and Madrid in
January to give additional presentations, which is why the
judge put him on travel restriction.

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The "Political Resistance" Begins
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6. (C) Alvarez_ said the political "opposition" is dead and
that Venezuela is entering the phase of "political
resistance" to an authoritarian regime. He said Chavez's two
vulnerabilities are the crimes against humanity committed on
April 11, 2002, and the August 15 referendum vote fraud.
Alvarez_ said he planned to publish a book about the fraud in
March, followed by a book on April 11 later in the year.
(Alvarez_ is also a published humor writer).


7. (C) Alvarez_ said he has also been working with U.S.
filmmaker Steve York on a documentary about the period
between April 11 and August 15 (York did the film "Bringing
Down a Dictator" about Slobodan Milosevic's downfall). He
also plans to appeal his case to the Inter-American Court of
Human Rights. Alvarez_ said he has been in regular
communication with the Canadian, Spanish, and Dutch
ambassadors. He is working with FUNDAES, a local human
rights NGO, to foster support for his case.


8. (C) Alvarez_ told poloff he has also formed "Fundacion
Verdad Venezuela" ("Venezuela Truth Foundation") to defend
democratic ideals, the rule of law, and freedom of
expression. He said he has spurned approaches by political
parties offering support. The foundation will push two
themes: unity among opposition groups and the right to
participate. Alvarez_ said the first target is the board of
the National Electoral Council (CNE),which he said is
subordinated to Chavez. He said he is preparing proof of
corruption among the CNE board members in the acquisition of
the electronic voting machines. Alvarez_ said the goal is for
the opposition to gain democratic space via the electoral
system. If free and fair elections are not possible, Alvarez_
said, he will advocate an opposition boycott in future
elections.

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Comment
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9. (C) Alvarez_ is an intelligent lawyer who has resisted
formally linking himself to the opposition. His attacks on
the GOV have been smart, perhaps a little splashy, but
usually well documented. His prosecution is clearly an
attempt to silence a political opponent of Chavez. We expect
it to have little of the desired effect on Alvarez_, at least
during the time it takes his appeal to wend through
Venezuela's courts. Jailing Alvarez_, if it comes to pass,
would be a milestone event that could energize Chavez
opponents; but because of Alvarez_'s loner style, the spark
may fall short of being a substantial catalyst.

Brownfield


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2005CARACA00498 - CONFIDENTIAL