PURGE POLITICIZES VENEZUELAN PROSECUTORS

C O N F I D E N T I A L CARACAS 000953

SIPDIS


NSC FOR CBARTON
USCINCSO ALSO FOR POLAD

E.O. 12958: DECL: 02/25/2014
TAGS: PGOV PHUM KJUS VE
SUBJECT: PURGE POLITICIZES VENEZUELAN PROSECUTORS

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

--------------
Summary
--------------


1. (C) Venezuela's Attorney General's Office, under Isaias
Rodriguez, has become a hierarchical and centralized
organization, closely linked to the executive branch through
Rodriguez's personal loyalty to President Hugo Chavez. Over
80 prosecutors have been fired in the last year, in alleged
violation of the law. At the same time a small group of
allegedly "political" prosecutors have had the lead on almost
all the high profile prosecutions in the last year. The
institutional deterioration of the Attorney General's Office
has led to charges of politicization and ineffectiveness
which call into question the organization's respect for human
rights. End Summary.

--------------
Purge
--------------


2. (C) In the last year over 80 prosecutors have been fired
from the Attorney General's Office, according to various
sources. On March 18 the newspaper Quinto Dia published a
list of 80 prosecutors who had been "removed, retired or
substituted", reportedly taken from an internal document.
Claudia Mujica, a former prosecutor who represents 25
prosecutors in wrongful dismissal cases, however, told poloff
March 21 that 200 prosecutors had been fired in the last
year. Former prosecutor Theresly Malave told poloff February
28 that the firings began in April 2004, with the dismissal,
after a long disciplinary investigation, of herself and
Americo Gloria. The firings continued, according to Malave,
first targeting a group of 60 prosecutors who signed a letter
calling on Attorney General Isaias Rodriguez to resign on
April 12, 2002. Prosecutors who signed the presidential
recall petition were the next target, she said, followed now
by those who speak out against irregularities within the
Attorney General's Office. Ramon Medina, former Director of
Criminal Prosecution in the Attorney General's Office until
resigning under pressure in March 2004, estimated that 75% of
the prosecutors trained by the USG from 1999 to 2001 have
been fired, or transferred to remote locations in the last
year.


3. (C) The majority of the prosecutors have been fired with
a simple letter, according to Mujica, allegedly in violation
of the 1998 Organic Law of the Attorney General's Office.
That law states that within a year of the law being passed a
system was to be set up to tenure all prosecutors. Those
with more than ten years experience could pass an alternative
evaluation to achieve tenure. According to the law, until the
exams and evaluations are organized, "those occupying such
positions will continue in them." Sabino Montrane, former
Director of the Attorney General's Office's Institute of
Superior Studies, fired in October 2004, told poloff March 21
the exams were never organized. Former prosecutor Luis
Gandica, who resigned after the Attorney General failed to
protect him from threats from corrupt policemen, told poloff
March 15 that Rodriguez believes that all prosecutors should
serve at the pleasure of the Attorney General, and has
interpreted the law to fit his model.


4. (C) Montrane said fired prosecutors are appealing their
dismissals through the Administrative Courts system, but the
cases are piling up because no judge dares rule that the
fired prosecutors are right. Americo Gloria, told poloff
March 22 that the 6th Administrative Court has ruled that the
firings of the prosecutors are illegal, and that the
prosecutors should be re-hired. The Attorney General's Office
has appealed to the Administrative Appeals Court, however,
which is taking 3-5 years to decide cases, and is politically
loyal to President Chavez. Gloria said the judge reviewing
his case was told that if he ruled in favor of Gloria, he
would be replaced.

--------------
Betrayal and Loyalty
--------------


5. (C) Rodriguez's reorganization of the Attorney General's
Office stems from the events of April 2002, and his belief
that some prosecutors betrayed him by not defending President
Hugo Chavez, according to Medina. The release of a letter by
60 prosecutors on April 12, 2002 and the active involvement
of some prosecutors in arrests and searches on that day,
changed Rodriguez's attitude. Malave said that Rodriguez
called a meeting of 100 prosecutors on April 18 to accuse
them of betraying him. According to Montrane, Rodriguez
waited several months before beginning to take action against
the prosecutors he considered disloyal, yet were among the
most experienced and respected in the institution. Montrane
estimated that 95% of prosecutors supported the opposition in

2002. Medina said that in December 2003 Rodriguez ordered an
end to the system whereby new prosecutors were chosen on a
competitive basis. According to Medina, Rodriguez asked him,
prior to ending the system, "why do you always select the
esqualidos (middle class) and opposition people?" Since then
new prosecutors are chosen by Rodriguez alone, based on
recommendations from members of the GOV, according to Medina,
who complained that many of those hired cannot answer basic
legal questions. Luis Diaz, fired on March 18, told poloff
on March 22 that the situation became worse after the death
of Danilo Anderson, November 18, when Rodriguez allegedly
promised to rid the Attorney General's Office of traitors

--------------
Political Prosecutors or Opportunists?
--------------


6. (C) According to Diaz, a group of approximately 14
prosecutors now runs the Attorney General's Office,
coordinated by Felix Mercadez. Diaz alleged that this group
of "political prosecutors" decides personnel issues and case
distributions. According to Diaz, most of the members of this
group are using politics to increase their personal power,
but would not be willing to take risks to defend the
revolution. Medina called Mercadez a fixer, who is willing
to carry out any order he is given, regardless of its
legality. Medina said Rodriguez does not like to do the dirty
work he is assigned by the GOV, and alleged that Mercadez has
standing orders from Rodriguez to obey certain people outside
the Attorney General's Office, including Ministers, who call
with instructions.


7. (C) For Medina, opportunism motivates the "political
prosecutors" who support Rodriguez. Medina alleged that
political prosecutions begin with an announcement from
Rodriguez targeting a certain person. Young prosecutors look
at deceased prosecutor Danilo Anderson's rise to power and
fame, Montrane asserted, and decide that putting themselves
at the disposal of the GOV is a quick way to rise in the
Attorney General's Office. Gandica charged that veteran
prosecutors are being fired in favor of automatons who simply
carry out Rodriguez,s orders on political prosecutions.
Gandica complained that these favored prosecutors have
privileges which range from bonuses and body guards to direct
access to Rodriguez's office. The favored prosecutors have
no idea how to investigate a case, according to Gandica, but
it doesn't matter because their cases are always assigned to
equally political judges, who work with them to bring about
the "correct" result.

--------------
Keeping Their Heads Down
--------------


8. (C) Montrane said "independent" prosecutors try to avoid
trouble, and prosecute common street crime. They delay, and
avoid cases that might bring trouble, such as drug cases that
might involve FARC participation, or cases of corruption
involving Chavez supporters. Gandica was still bitter about
the lack of support he received after discovering a
kidnapping ring in Bolivar State linked to high ranking
police officials. Medina, whose wife still works in the
Attorney General's office, described the situation inside the
institution as horrible. Chavistas are now being fired as
well, in a system where an accusation whispered in the
correct ear can get anyone fired. Medina blamed a lack of
management for the problem, as Directors and prosecutors
spend more time defending themselves from attacks than doing
E

their jobs. Medina said Rodriguez had rewarded those who
would do the dirty work for him, and punished the independent
leaders (like Medina) who were willing to tell him what was
really going on in the institution. Prosecutors do not want
to take chances, or make too big an effort to stick out,
Medina said, lest they arouse suspicion or jealousy ) either
one of which can get you fired. Gloria and Diaz asserted
that Rodriguez wants mediocre people because they are easier
to control than competent and independent people.

--------------
Comment
--------------


9. (C) The changes in the Attorney General's Office have
practically eliminated the concept of prosecutorial
independence, while turning the institution into a reliable
tool for political intimidation. Just by opening an
investigation, prosecutors can threaten and intimidate a
person with jail, house arrest, or travel restrictions, given
the government's ability to link prosecutors with pliant
judges. While manipulating the justice system, the GOV
nonetheless hopes to mask its repression, by claiming a
separate independent branch of government respects due
process. The elimination of prosecutorial independence, the
purging of experienced and independent prosecutors, and the
rise to prominence of the opportunistic "political
prosecutors", together with the increasing attacks against
judicial independence, however, belies the existence of due
process in Venezuela at this time.
Brownfield