SUMATE TRIAL: RECOMMENDED NEXT STEPS

C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 000340 SIPDIS SIPDIS E.O. 12958: DECL: 02/09/2021 TAGS: PGOV PHUM KDEM VE SUBJECT: SUMATE TRIAL: RECOMMENDED NEXT STEPS REF: CARACAS 339 Classified By: William R. Brownfield, Ambassador, for Reason 1.4(b). ¶1. (U) This is an action request. See paragraph 6. ¶2. (C) SUMMARY. Unlike in the past, the current process against the NGO Sumate's leadership may result in their going to jail. Here in Caracas, we are in regular contact with Sumate, monitoring the hearings, engaging the press, and pressing other embassies to engage. Embassy and Sumate recommend that we also engage key European and Latin American governments at capital, urge NED to go public, engage the U.S. Congress, activate the international human rights community, urge OAS engagement, and inform the U.S. and international media. Time may be running out. End Summary. ¶3. (C) As reftel relates, the trial of the four Sumate NGO leaders advanced this week, and there is widespread belief that the will be ordered to jail at the next hearing February ¶14. We are more concerned about Sumate being jailed than at any time since late 2004, for three specific reasons: -- Chavez may see a window of opportunity to slam prominent opposition figures in the immediate aftermath of the Naval Attache expulsion incident. -- Chavez announced last week his intention to make this year,s presidential election adversary the U.S., and Sumate is identified with us. -- Chavez may calculate that during the 15 months that elapsed since the last time they brought the Sumate case to the brink, the international community has tired of Sumate and will not react. ¶4. (C) Ambassador and DCM met with Sumate Directors Maria Corina Machado and Alejandro Plaz morning of February 9. They have been told by their lawyers that, should they appear at the next court hearing on February 14, they will probably be ordered arrested and jailed. The following recommendations reflect ideas coordinated with the Sumate leadership. -------------- What We are Already Doing in Venezuela -------------- ¶5. (C) The Embassy is in regular contact with Sumate, and they keep us fully informed of their views and tactical approaches. We are publicly and visibly monitoring every court hearing of Sumate. Our officer normally sits in the front row of the courtroom. We are pressing other embassies to observe as well, and have worked out a system to telephone the short-staffed Canadian Embassy when the hearings are about to begin. In addition: -- We are feeding the media, particularly the international press resident in Venezuela, the Sumate story. That said, and at Sumate's request, we are not speaking publicly on the trial due to their lawyers, concern that this would complicate their defense. -- We have invited select Ambassadors from Europe and Latin America to a meeting on February 10 at the Ambassador,s residence. There we will brief them on the facts related to the NED grant, update them on the trial, and press for a more aggressive posture with the BRV. -------------- Other Recommendations -------------- ¶6. (C) We realize that some of these ideas are already in train, but Sumate believes each of these could be helpful to their case: -- NED leadership to go proactively public. Sumate suggests a letter, a visit, an offer to testify or clarify their grant and activities. -- Engage the U.S. Congress. There is overlap between the CARACAS 00000340 002 OF 002 NED board and at least one Congressional member of the Boston Group. Direct engagement with the BRV, or a sense of the Congress resolution could be helpful. Machado specifically mentioned Rep. Meeks of New York. -- Engage the international human rights community. Several have offices in Washington. -- Engage the European human rights community. Sumate notes that Vaclav Havel and his People in Need Foundation have been helpful in the past. -- Ask Organization of American States (OAS) Secretary General Insulza to weigh in. Sumate notes that he has met with them in Washington. -- Engage the Vatican. Sumate notes that they have a more distant relationship with the current Papal Nuncio than they had with his predecessor. They suggest that a direct pitch to the Vatican for a public statement on their case would be helpful. -- Ask for private engagement by the Spanish and French governments. Sumate believes these two EU governments have the most access to Chavez now. They claim both ambassadors have stated previous willingness to engage if they were about to be imprisoned. They plan to reach out to them directly on February 9. They suggest that supporting messages from us in capitals would help. -- Engage the media in the U.S. -- Probe key Latin American governments ) Brazil, Chile, Peru, Mexico ) on their willingness to engage privately or publicly on Sumate case. -------------- COMMENT -------------- ¶7. (C) The Sumate leaders believe they have four days to engage before their case reaches a concrete decision point. They are considering all their options. They emphasize that we should not count on another delay in their trial next week. BROWNFIELD