CHAVEZ DECREES PARTIAL AMNESTY LAW FOR EVENTS OF

C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 000006 SIPDIS SIPDIS HQSOUTHCOM ALSO FOR POLAD DEPT PASS TO AID/OTI RPORTER E.O. 12958: DECL: 01/03/2018 TAGS: PHUM PGOV VE SUBJECT: CHAVEZ DECREES PARTIAL AMNESTY LAW FOR EVENTS OF 2002 REF: CARACAS 02404 CARACAS 00000006 001.2 OF 002 Classified By: POLITICAL COUNSELOR ROBERT R. DOWNES FOR REASON 1.4 (D) ¶1. (C) SUMMARY: President Chavez announced a partial amnesty December 31 for those accused of involvement in the events that temporarily removed him from power in April 2002. The decree also included a "humanitarian" pardon for 36 persons currently imprisoned. The Amnesty Law only applies to individuals who have a criminal case open against them. It does not apply to those who have evaded Venezuelan courts or who are accused of "crimes against humanity." The law's exclusions mean that several high profile individuals will not benefit from the amnesty. Human rights organizations and the Catholic Church welcomed the measure, but also urged Chavez to broaden the amnesty to include all those connected to the events of the 2002 coup. END SUMMARY. -------------- Partial Amnesty -------------- ¶2. (SBU) During a call-in to the government-owned television station Venezolana de Television (VTV) on December 31, President Chavez read aloud a newly decreed Amnesty Law which would pardon many of those accused in connection with his temporary departure from power in April 2002. Opposition groups, human rights organizations, and the Catholic Church have repeatedly urged Chavez to issue a blanket amnesty much like he did in 2000 when he pardoned those involved in the 1992 coup he directed. During the radio address, Chavez said the measure was an indication that his government is interested in pursuing national reconciliation. The local press reported that a special tribunal will be set up to vet cases and determine which ones qualify for the amnesty. The law also included a "humanitarian" pardon for 36 persons currently imprisoned for matters unrelated to the events of ¶2002. -------------- Who's Covered, Who's Not -------------- ¶3. (SBU) Chavez noted that the Amnesty Law will only apply to those individuals who have a criminal case open against them. It will not apply to those persons who have fled charges in Venezuela or who are accused of "crimes against humanity," including homicide. Some prominent cases, like that of Monica Fernandez, former judge and director of the judicial NGO Foro Penal, who is accused of ordering the arrest of Rodriguez Chacin will be absolved under the decree. The amnesty's exclusions, however, mean that some of the most emblematic cases involving the short-lived 2002 coup will remain active. ¶4. (SBU) Simonovis, Vivas, Forero: The three former police commissioners charged with allegedly ordering Caracas police officers to fire on demonstrators during the 2002 coup will not be covered under the Amnesty Law. Shortly after Chavez announced the decree, Attorney General Luisa Ortega Diaz noted that the ex-commissioners could not benefit from the amnesty because they are accused of crimes against humanity. Gonzalo Himiob, spokesperson for Foro Penal, told the media that only the International Criminal Court, not Ortega, has the legal capacity to determine whether the crimes Simonovis, Vivas, and Forero are accused of represent grave violations of human rights. Himiob added that the NGO is not aware of any such charges against the defendants that would make them ineligible for the amnesty. ¶5. (SBU) While initially it appeared that the eight Caracas Metropolitan Police officers accused of following orders to shoot in the Simonovis case would be covered under the amnesty, in an interview with VTV on January 3, Ortega Diaz announced that they would not benefit from the decree either. ¶6. (SBU) Enrique Mendoza: Former Miranda state governor Enrique Mendoza, who is charged with illegally closing VTV, may not be covered under the decree on grounds that while he remains in Venezuela, he is evading Venezuelan justice as there is currently a warrant for his arrest. Mendoza's attorney told the media that his client was prepared to turn himself in after the courts reopened on January 9, following the holiday break (Reftel). CARACAS 00000006 002.2 OF 002 ¶7. (SBU) Henrique Capriles Radonski: According to the amnesty decree, the charges against Capriles for his alleged involvement in the arrest of Rodriguez Chacin will be dropped. Capriles was not the primary defendant in the case, but the BRV had repeatedly (and unsuccessfully) tried to connect him to the incident. Capriles' case relating to incidents at the Cuban Embassy during the short-lived coup, however, will remain active. -------------- Comment -------------- ¶8. (C) Local human rights observers were pleasantly surprised by Chavez's amnesty decree. As they had done in previous years, civil society organizations and the Catholic Church pressed Chavez to release political prisoners and pardon opposition leaders, but without much hope that he would take any such initiative. While Chavez claims this measure is geared at reconciliation, his true intentions are probably linked to his new plan for 2008, which he has named the "Three Rs:" Revisar (Review),Rectificar (Rectify),and Reimpulso (Re-launch). It may also be intended to distract attention from his so far unsuccessful attempts to encourage the FARC to release hostages. Even with an amnesty law on the books, many of the country's high profile politically motivated cases remain in the judicial pipeline and allow Chavez to continue to promote the government's version of the events of 2002 in the public memory. DUDDY