VENEZUELA: JUSTICE COWED

C O N F I D E N T I A L SECTION 01 OF 03 CARACAS 000243 SIPDIS SIPDIS HQSOUTHCOM ALSO FOR POLAD DEPT PASS TO AID/OTI RPORTER E.O. 12958: DECL: 02/02/2027 TAGS: PGOV KDEM VE SUBJECT: VENEZUELA: JUSTICE COWED REF: A. CARACAS 00062 ¶B. 05 CARACAS 02633 CARACAS 00000243 001.4 OF 003 Classified By: ACTING POLITICAL COUNSELOR DANIEL LAWTON FOR 1.4 (D) -------------- Summary -------------- ¶1. (C) During the opening of the Supreme Court's 2007 judicial year, Chief Justice Omar Mora laid the legal foundation for President Chavez' "socialist" agenda, and called on the entire judicial system to support Chavez' vision. Most of the initiatives Mora announced to transform the court system into "a bastion of social, political, and economic transformation" this year mirror Chavez' agenda, including a 50 percent pay cut for Supreme Court justices. Separately, the BRV continues to use the increasingly politicized justice system to persecute its detractors, particularly those who participated in the turbulent events of 2002. The message to Chavez' opponents is clear: whatever semblance of judicial independence that may have existed before is gone. End Summary. -------------- Moving Toward the Bolivarian Judicial Power -------------- ¶2. (C) During the official opening of the 2007 judicial year, Supreme Tribunal of Justice (TSJ) Chief Justice Omar Mora dedicated most of his speech to urging the assembled magistrates to support President Chavez' agenda. Like Chavez, Mora, a long time socialist, cited quotes from Simon Bolivar, as well as Lenin, to show how socialism best promoted equality, happiness and true justice. He celebrated the changes ushered in by the "Bolivarian Revolution" as breaking the capitalist legal system that favored the elite and putting the law in the hands of the people. Consequently, Mora reasoned, the Enabling Law recently passed by the Assembly would allow the President to "express the will of the people" and "guarantee that justice reigns." Foreshadowing possible legal changes regarding the economic system, Mora said that Chavez also had "a responsibility to redistribute the national wealth" and that "the legislature must pass laws that do away with monopolies and privileges." He called on all judges, public defenders, and other judicial employees to form a Judicial Constituent Assembly to assist with Chavez' constitutional reform and enabling law proposals. ¶3. (C) Signaling even greater alignment between the judiciary and executive branches, Mora announced plans for turning the court system into "a bastion of social, political, and economic transformation" in the year ahead. For example, the National Magistrate School will be turned into an experimental university featuring a curriculum based on "morality and enlightenment," a reference to Chavez' recently launched educational reform plan (Ref A). Mora also said the next TSJ plenary sessions would be held outside of Caracas to allow the justices to connect with the "people," a project that resembles Chavez' traveling cabinet program and the National Assembly's parliament-in-the-streets initiative. Mora also announced that 29 of the TSJ's 32 justices had heeded Chavez, and "voluntarily" agreed to take a 50 percent pay cut. (Note: Local papers have since clarified that the cut actually entails a 20 percent reduction of their 2006 salary and a 30 percent cut of their 2007 raise, which had already been approved.) To emphasize its new direction, Mora suggested a constitutional amendment changing the name of the judicial system to the Bolivarian Judicial Power of the Bolivarian Republic of Venezuela. ¶4. (C) Judicial watchdog NGO Foro Penal (FP) blasted the remarks as more proof of the judiciary's increased politicization and accused the TSJ of ceding its constitutional authority to the President. According to FP, Mora's remarks clearly signaled the end of judicial independence and Venezuela's transition to a type of authoritarianism similar to that experienced in Peru under ex-President Alberto Fujmori. With all legal avenues for challenging Chavez' decree laws and other legislative processes exhausted, FP advocated alerting international organizations to the violation of democracy to facilitate the acceptance of future cases in international courts. -------------- CARACAS 00000243 002.6 OF 003 2006, A Very Good Year -------------- ¶5. (C) Mora said the TSJ resolved a record number of cases for 2006, although he admitted additional reforms and efficiency were needed in the labor and commercial chambers. He praised the fact that the number of tenured judges had increased to 90 percent as a result of the Structural Transformation Plan implemented in 2005, and claimed this gave the country one of the highest rates of tenured judges in the world. Mora asserted that through this modernization effort, judges were chosen on merit for the first time in Venezuela's history, not political connections, and that public confidence in the institution had been restored. The new judges are now nationally accredited and can thus be transferred more easily to cover vacancies in other courts, possibly speeding up the trial process. ¶6. (C) Human Rights Watch (HRW) and domestic human rights NGOs Provea and Cofavic questioned the quality of the judges' training and indicated that judicial autonomy was under increasing threat. Contrary to the government's claims, HRW and Provea noted that the Transformation Plan granted tenure based on the applicant's legal experience, not competitive test results as required by the constitution. Meanwhile, Cofavic questioned the judges' training, citing as an example their finding that some judges knew little about the Inter-American Human Rights Court despite having taken courses on the subject. -------------- Is this Mora's Last Address? -------------- ¶7. (SBU) This year will potentially bring some turnover in the judicial system. In February, the TSJ will hold internal elections to determine the TSJ's Chief Justice, two vice presidents, and the five heads of chambers, as well as the administrative boards. Although Mora is running for re-election, TSJ Constitutional Chamber justice Luisa Estella Morales -- who is currently part of the presidential constitutional reform commission -- is also reportedly a front-runner for the job. Chavez' comments at his January inauguration -- blasting inefficiency and corruption in the judicial system -- also indicate that Mora is on shaky ground. ¶8. (SBU) On a similar note, the National Assembly will be choosing a new Attorney General, Human Rights Ombudsman, and Comptroller before the current office holders' seven-year terms end in December. Venezuelan law states these posts are to be chosen by a civil society based committee, although in 2000 Chavez mentor Luis Miquilena cut a political deal to fill the post. Human rights NGO Venezuelan Victims of Human Rights Violations (Vive) is pushing for the selection committee to be established early given the legislature's focus on Chavez' constitutional reform project. -------------- -------------- Targeting of Political Opponents Quietly Continues -------------- -------------- ¶9. (SBU) Meanwhile, the BRV continues to use the increasingly politicized judicial system to go after its opponents. Shortly after the December presidential election, the Attorney General's office charged 33 former military officials with conspiracy, instigation to delinquency, and civil rebellion for participating in the October 2002 sit-in in Plaza Francia. In mid-January, a hearing was scheduled for dozens of people, including Sumate Vice President Maria Corina Machado, who allegedly signed the so-called Carmona Decree supporting the government that temporarily replaced Chavez during the April 2002 coup. The judge postponed the hearing after making the accused wait for four hours, a typical BRV tactic in political cases. Around the same time, former General Felipe Rodriguez ("El Cuervo") moved one step closer to his trial for allegedly bombing the Spanish and Colombian embassies in 2003. Rodriguez was also involved in the Plaza Francia protest and has been in custody since early 2005 (Ref B). On January 25, the Human Rights Ombudsman barred former Miranda State Governor and leader of the 2004 Coordinadora Democratica Enrique Mendoza from holding an elected post for three years for alleged misappropriation of government funds. Mendoza has been the subject of several BRV investigations, including a failed attempt to link him to the incidents at the Cuban Embassy on April 2002. CARACAS 00000243 003.4 OF 003 -------------- Comment: Justicia Roja Rojita -------------- ¶10. (C) Mora's address sent a clear signal to Chavez' opponents: there is no chance for a fair trial or legal recourse to contest any measures Chavez wants to impose. More political trials are likely, and may actually punish some, but this is a collateral goal. The real objectives include distracting Chavez' opponents or intimidating dissenters into silence or exile rather than immediate convictions. With the exception of promising young politicians, such as Chacao Mayor Lopez or Baruta Mayor Capriles, who could one day conceivably challenge him for power, Chavez seems sensitive to attracting negative publicity by having political prisoners. BROWNFIELD