CHAVEZ TO DECREE CUBAN-STYLE NATIONAL POLICE LAW

C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 001089

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DEPT PASS TO AID/OTI RPORTER

E.O. 12958: DECL: 06/05/2017
TAGS: PGOV PHUM KDEM VE
SUBJECT: CHAVEZ TO DECREE CUBAN-STYLE NATIONAL POLICE LAW

REF: A. 05 CARACAS 03521

B. CARACAS 01055

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Classified By: ACTING POLITICAL COUNSELOR DANIEL LAWTON FOR 1.4 (D)


1. (C) Summary: President Chavez announced May 22 that he
would soon decree a National Police Law that, among other
things, would call for a new community police force. The
announcement comes just as the National Assembly was
finishing work on a final draft of the law, and further
highlights the legislature's increasing irrelevance. Post's
review of the draft bill sent to Chavez indicates the
Venezuelan president will name the Director General of the
national force, who will be responsible for investigating
crimes, as well as "watching, controlling, and protecting"
demonstrations. Crime continues to be a growing voter
concern, and even official estimates suggest the murder rate
may have tripled since Chavez came to power in 1998.
However, the law appears mainly aimed at increasing Chavez'
control of the police and ability to squash dissent, and is
unlikely to significantly reduce crime. End Summary.

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Chavez Takes Over National Police Law
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2. (C) President Chavez announced that he would soon issue
the National Police Law as a presidential decree law during
the May 22 inauguration of the board of directors for newly
nationalized telephone service Cantv. The law passed the
first of two required readings in the legislature in July
2004, but has since languished in the National Assembly's
Interior Policy Committee. Chavez' announcement came just as
the committee was finishing up the final version of the
National Police Law. NA President Cilia Flores said she was
not notified of the president's decision before his speech,
although like a good Bolivarian she quickly added that she
supported the decision and that the most important thing was
that the law passed soon. Committee member Calixto Ortega's
assistant told us May 25 that the unfinished bill had been
forwarded to the President.

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What to Possibly Expect
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3. (C) While it is unclear how much of the NA's work will be
reflected in Chavez' decree law, Post's review of the draft
law sent to Chavez indicates that for now only the political
police (DISIP),the federal scientific, penal, and criminal
investigative police (CICPC),the transit police, and select
members of the Caracas Metropolitan police--which will be
disbanded--would form the national force. (Note: According
to a former police chief, incorporating the CICPC requires a
constitutional change.) It will be subject to a
"democratically elected citizen oversight committee."
Contrary to initial reports, it does not appear that state
and municipal constabularies will be eliminated nor will
their responsibilities be reduced. Nevertheless, the
Ministry of Popular Power for Interior and Justice (MPPIJ)
will oversee these forces and can "intervene" at its
discretion.


4. (C) Ortega told PolCouns and Poloff May 15 that the bill
would likely be a transitional law that would seek to
consolidate and standardize norms for Venezuela's 118 state
and municipal police forces, which up to this point have been
regulated by different standards. Ortega said the bill would
also seek to professionalize the forces by attempting to root
out corruption and nepotism, establishing a training program,
and increasing salaries and benefits for the country's
roughly 100,000 police officers. Post notes that the bill
does allow the MPPIJ to design and implement norms and
training programs for all police forces, but Chavez will name
the Director General of the national police force,
potentially undermining the ministry's control. The national
force's duties will include investigating crimes, "watching,
controlling, and protecting" demonstrations, assisting in
migration matters, traffic control, and protecting
dignitaries, including accredited diplomats if requested.
The MPPIJ will have the authority to request military
assistance with police functions when it deems necessary as
well.

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Potential Cuban Element?
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5. (C) In addition to creating a national police force,
Chavez said the law will also mandate community councils
(consejos comunales) to create community police forces that
will work with and be trained by the new national
constabulary. According to Chavez, the government will
provide radios, uniforms, and "equipment" for these community
police. Chavez said the law would be based on the Cuban
police model because he claimed that in Cuba it was
"extremely rare to hear of street crime or murder."
(Comment: While Chavez' did not make specific mention of
them, we believe he is referring to the Cuban Committees for
the Defense of the Revolution (CDR),which serves as the
regime's eyes and ears.)


6. (C) Chavez also appears to be trying to use the security
issue to set the stage for greater acceptance of his
socialist agenda. During his announcement, Chavez framed the
issue of crime as a symptom of Venezuelan society's
deteriorating values system, implicitly contrasting
Venezuela's capitalistic nature with the socialist one of
Cuba, which he claimed "had another form of life that is not
consumer-driven, or based on ambition for material wealth,"
which he said "drives many people to criminality." In
underscoring this point Chavez also could not resist taking a
swipe at the United States, saying that criminals there use
"rifles and automatic weapons and walk around gunning down
people even in high schools."

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Comment
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7. (C) Crime has been the top concern for most Venezuelans
over the past several years, but has yet to become a
significant political liability for Chavez. According to
Ministry of Health and Social Development statistics, the
projected murder rate for 2005 was 20,000 homicides, which if
accurate, would mean the murder rate has tripled since Chavez
came to power (Ref A). Neither the NA's nor the president's
plans are likely to significantly stem crime. The
president's proposal, if it includes a community council-run
police component, may worsen the problem by putting more guns
on the streets. Given Chavez' forceful reaction to the
recent pro-RCTV closures (Ref B),the law's concentration of
police power in his hands and the potential creation of a
Cuban-style "big brother" element does not bode well for
future protests against unpopular BRV decisions.

BROWNFIELD