MAYOR CAPRILES -- THIS MAY BE MY LAST TRIP

C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 000744 SIPDIS SIPDIS E.O. 12958: DECL: 03/20/2021 TAGS: PGOV PHUM PREL KDEM VE SUBJECT: MAYOR CAPRILES -- THIS MAY BE MY LAST TRIP REF: A. 04 CARACAS 950 ¶B. 04 CARACAS 2808 ¶C. 05 CARACAS 3402 Classified By: Robert Downes, Political Counselor, for Reason 1.4(b). -------------- Summary -------------- ¶1. (C) The Ambassador and PolCouns met with Baruta Mayor Henrique Capriles Radonski to discuss the Mayor's late March trip to Washington. Capriles had initially planned to travel later in the Spring, but the government has re-instituted criminal charges against him related to the April 12, 2002 incident at the Cuban Embassy, and may begin proceedings in April. Capriles said his assessment is that the BRV will almost assuredly re-imprison him soon and prior to that time he intends to visit New York and Washington to talk to executive and legislative branch officials as well as representatives of international human rights organizations. He said this "may be his last trip" for a while. End summary. Background -------------- ¶2. (U) Henrique Capriles Radonski at 26, and then a Christian Democrat (COPEI) deputy, was elected as President of the National Assembly Chamber of Deputies (former lower house) on January 23, 1999. He was a thorn in the side of Chavista efforts to push through changes in the National Constituent Assembly, unsuccessfully pursuing legal action before the Venezuelan Supreme Court to block what he alleged were unconstitutional actions. He was an initial member of the new Primero Justicia political party. We was elected major of Baruta (one of five boroughs of Caracas) in August 2000 and re-elected in September 2004. ¶3. (C) The Capriles case goes back to April 12, 2002, when President Chavez briefly lost power. At that time an angry crowd gathered in front of the Cuban Embassy in Baruta looking for pro-Chavez leaders suspected of hiding inside (ref a). The crowd damaged Embassy vehicles and cut electricity and water lines. According to Capriles, Cuban Ambassador German Sanchez Otero asked him to come and help calm the situation. On March 16, 2004, Prosecutor Danilo Anderson (who was killed by a car bomb in November 2004) had an arrest warrant issued for Capriles on charges of "violating international principles, private violence and abuse of office" in connection with these events. After legal maneuvers (his lawyers at first succeeded in having the Supreme Court quash the arrest warrant, but a second court later re-issued it),Capriles presented himself to a Caracas court on May 11, 2004. After successfully arguing that Capriles was a flight risk for failing to answer summons issued in November 2002, and January and March 2003, Prosecutor Anderson had DISIP (Federal Political Police) take Capriles into custody. He was released from pre-trial detention on September 6 after four months in prison, during which time, he told poloffs he was subject to mental and some physical abuse. The Case Continues -------------- ¶4. (C) Although the charges were dismissed subsequent to his release, the BRV has now re-instituted them and has announced its intentions to renew prosecution of Capriles in April. While this date may shift, Capriles told the Ambassador that he intended to travel to New York and Washington, D.C. in late March to discuss events in Venezuela with USG Executive and Congressional branch officials as well as with representatives of international legal and human rights CARACAS 00000744 002 OF 002 groups. He will be in Washington, D.C. March 28 and is seeking appointments with A/S Shannon, NSC Senior Director Dan Fisk, among others. ¶5. (C) Capriles said that it was clear to him that it was on Chavez' agenda to persecute him this year. He felt there was at least an 80 percent chance that he would be imprisoned again in the near future. Thus this was likely to be his last trip. He wanted to use it to try to develop long-term support for democracy in Venezuela and to increase the cost to Chavez of pursuing him. He also noted that in his view, the Cuban Ambassador was also pushing strongly for his imprisonment. ¶6. (C) Comment -- The Capriles case is both a symbol of the continued opposition resistance to Chavez, and a measure of Chavez' willingness to use the judicial system to silence or pressure his opponents to flee. The BRV is increasing its efforts to intimidate its critics. In addition to re-instituting the charges against Capriles, it is taking criminal and administrative steps against fellow Primero Justicia mayor Leopoldo Lopez, as well as against a growing number of journalists (septel),and possibly against opposition Governor Rosales. While the trial against the Sumate leadership is quiet for the moment, it will likely only be a temporary respite. BROWNFIELD