Identifier
Created
Classification
Origin
07CARACAS147
2007-01-23 16:29:00
CONFIDENTIAL
Embassy Caracas
Cable title:  

POLITICAL PRISONERS -- UPDATE ON SIMONOVIS, VIVAS,

Tags:  PHUM PGOV KDEM VE 
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VZCZCXRO5869
PP RUEHDBU RUEHFL RUEHKW RUEHLA RUEHROV RUEHSR
DE RUEHCV #0147/01 0231629
ZNY CCCCC ZZH
P 231629Z JAN 07
FM AMEMBASSY CARACAS
TO RUEHC/SECSTATE WASHDC PRIORITY 7560
INFO RUEHWH/WESTERN HEMISPHERIC AFFAIRS DIPL POSTS PRIORITY
RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 0720
RHEHNSC/NSC WASHDC PRIORITY
RUMIAAA/HQ USSOUTHCOM MIAMI FL PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 000147 

SIPDIS

SIPDIS

HQSOUTHCOM ALSO FOR POLAD
DEPT PASS TO AID/OTI RPORTER

E.O. 12958: DECL: 01/22/2017
TAGS: PHUM PGOV KDEM VE
SUBJECT: POLITICAL PRISONERS -- UPDATE ON SIMONOVIS, VIVAS,
LAZARO TRIAL

REF: A. 06 CARACAS 02826


B. 06 CARACAS 03646 AND PREVIOUS

C. 06 CARACAS 00461 AND PREVIOUS

CARACAS 00000147 001.2 OF 002


Classified By: POLITICAL COUNSELOR ROBERT DOWNES FOR 1.4 (D)

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

C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 000147

SIPDIS

SIPDIS

HQSOUTHCOM ALSO FOR POLAD
DEPT PASS TO AID/OTI RPORTER

E.O. 12958: DECL: 01/22/2017
TAGS: PHUM PGOV KDEM VE
SUBJECT: POLITICAL PRISONERS -- UPDATE ON SIMONOVIS, VIVAS,
LAZARO TRIAL

REF: A. 06 CARACAS 02826


B. 06 CARACAS 03646 AND PREVIOUS

C. 06 CARACAS 00461 AND PREVIOUS

CARACAS 00000147 001.2 OF 002


Classified By: POLITICAL COUNSELOR ROBERT DOWNES FOR 1.4 (D)

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


1. (C) PolOff observed January 18 the latest session of the
trial of former Caracas Metropolitan Police officials Ivan
Simonovis, Henry Vivas, Lazaro Forero, and eight other former
police officers, who are being charged as accomplices to
murder for events related to the civil disturbances and the
temporary interregnum of April 2002. Post has been following
this trial in general terms for some years, but more closely
since the Fall of 2006 (Ref A). Post has also listed the 11
defendants as political prisoners in the draft 2006 Human
Rights Report. PolOff noted an increase in security and
other harrassment seemingly intended to demoralize and wear
down the defendants and their families. After two years of
detention, the judge ruled in December to keep the defendants
in jail, an apparent violation of Venezuelan law requiring
their release. While defense lawyers are hopeful that the
decision on their continued incarceration may accelerate the
acceptance of their case by the Inter-American Human Rights
Court, it is unlikely the government will give the officers
any breaks. As expected, prosecutors are also trying harder
to link the Embassy to the events, claiming that
then-Ambassador Shapiro spoke with at least one of the
defendants during the April 2002 events. End Summary.

--------------
In Pursuit of Justice, Finding Little
--------------


2. (C) On January 18, PolOff returned to the trial of former
police commissioners Ivan Simonovis, Henry Vivas, Lazaro
Forero, and eight former Metropolitan Police officers for
their alleged participation in shootings related to events on
April 11, 2002. This is one of several political trials Post
is following closely (Refs B and C). Post also included the
11 defendants as political prisoners in its draft of the 2006

Human Rights Report. The current trial began in March 2006,
but the accused have been in prison since November 2004. In
November 2006, police officials reached the two-year
detention mark, at which point Venezuelan law calls for them
to be released during the remainder of the trial. Although
the prosecution neglected to file a motion supporting the
defendants' continued detention, the judged ruled against the
defense's request for release. The defense submitted an
appeal to this decision and while they are waiting for a
response, they are not optimistic that the Chavista-led
appeals court will rule in their favor.


3. (C) PolOff noted a drastic increase in security, perhaps
due to the increased number of spectators the case has drawn
or the fact that the prosecution has finally brought in some
of its key witnesses. After a year, the court has heard
testimony from some 200 prosecution witnesses, none of whom
have apparently been able to tie any of the defendants to the
shootings, and have 300 more to go. Only one witness
testified on the day PolOff attended the trial. The defense
has caught several of the prosecution's key witnesses lying.
However the judge ruled that she would postpone any decision
on perjury charges until the end of the trial.


4. (C) Unlike PolOff's last visit in September, witnesses
were not observed arriving with the prosecution, but defense
lawyers told PolOff this practice continues. PolOff did
observe an increased indifference on the part of the judge
and prosecutors. Instead of the trial beginning two hours
late as had been the norm, the trial is now beginning four
hours later or more, due in part to the absence of the judge
and/or prosecutors. Frustrated with the unnecessary delays
in start time, the defense complained to the judge.

--------------
Attempt to Implicate US Embassy
--------------


5. (C) Prosecutors have also tried to link the
commissioners, particularly Simonovis who took courses with
the FBI and U.S. police forces, to the BRV-concocted theory

CARACAS 00000147 002.2 OF 002


that the United States masterminded the 2002 coup. They are
claiming that Simonovis spoke with then-Ambassador Shapiro
the day of the coup to confer on strategy. Bony Simonovis,
wife and lawyer of Ivan, told PolOff she fears her husband
will eventually be charged with civil rebellion because of
the U.S. training courses he took and the friendships he has
developed with U.S. law enforcement counterparts over the
years.

--------------
Holding Conditions
--------------


6. (C) PolOff was able to talk to the defendants before the
trial began. In late December, Forero and Vivas were moved
to DISIP (the Venezuelan secret police) headquarters where
previously only Simonovis was held, supposedly as an
election-related security precaution. Although they are
happy with the conditions there, their family members
complain of stricter visitation rules. Authorities have also
now begun transporting the officers in handcuffs and keeping
them in a holding cell until shortly before the trial begins.
During PolOff's last visit handcuffs were generally not used
and the defendants were allowed to wait in the court room.

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


7. (C) The chances of these men being released during trial
or acquitted, regardless of what the law or evidence say, is
slim, as the conviction of these "tools of the opposition" is
key to how Chavez wants the April 2002 coup remembered. The
late starts, long days--which sometimes involve ending at 11
pm one day, driving 90 minutes back to Caracas, only to begin
the trek back to court again at 6 am--and consistent denials
of legitimate requests are meant to demoralize and wear down
the defendants. The court's refusal to release the prisoners
in apparent contravention of the law may help advance their
case before the Inter-American Human Rights Commission, now
that their right to liberty is at stake. However, there is
no guarantee the emboldened Chavez will heed any
international decision.

BROWNFIELD