Identifier
Created
Classification
Origin
09CARACAS353
2009-03-20 19:33:00
CONFIDENTIAL
Embassy Caracas
Cable title:  

PROSECUTOR CALLS FOR ARREST OF MARACAIBO MAYOR

Tags:  PHUM PGOV VE 
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PP RUEHAG RUEHROV RUEHSR
DE RUEHCV #0353/01 0791933
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P 201933Z MAR 09
FM AMEMBASSY CARACAS
TO RUEHC/SECSTATE WASHDC PRIORITY 2768
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY
RUEHWH/WESTERN HEMISPHERIC AFFAIRS DIPL POSTS PRIORITY
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C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 000353 

SIPDIS

USSOUTHCOM ALSO FOR POLAD
DEPARTMENT PASS TO AID/OTI (RPORTER)

E.O. 12958: DECL: 03/20/2029
TAGS: PHUM PGOV VE
SUBJECT: PROSECUTOR CALLS FOR ARREST OF MARACAIBO MAYOR
MANUEL ROSALES

REF: CARACAS 0330

CARACAS 00000353 001.2 OF 002


Classified By: A/POLITICAL COUNSELOR DANIEL LAWTON,
REASON 1.4(D)

C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 000353

SIPDIS

USSOUTHCOM ALSO FOR POLAD
DEPARTMENT PASS TO AID/OTI (RPORTER)

E.O. 12958: DECL: 03/20/2029
TAGS: PHUM PGOV VE
SUBJECT: PROSECUTOR CALLS FOR ARREST OF MARACAIBO MAYOR
MANUEL ROSALES

REF: CARACAS 0330

CARACAS 00000353 001.2 OF 002


Classified By: A/POLITICAL COUNSELOR DANIEL LAWTON,
REASON 1.4(D)


1. (C) Summary: Government of the Bolivarian Republic of
Venezuela (GBRV) prosecutor Katiuska Plaza issued an arrest
order request March 19 for Maracaibo Mayor and former 2006
presidential candidate Manuel Rosales. The senior prosecutor
accused the former Zulia State Governor (2000-2008) of
"illicit enrichment" during his time in office and is seeking
his "preventative detention." Local media reports that the
arrest order request will be delivered to a judge, who will
then schedule a hearing, probably in the next three weeks, to
decide whether or not to order Rosales' arrest. Rosales, who
remains one of the opposition's most important leaders,
attributes the arrest warrant request to "an order from
Chavez" and said he would "fight it on all fronts." If
convicted, Rosales could face between three and 10 years in
jail, a sentence that would legally bar Rosales from running
a second time against Chavez in the 2012 presidential
election. End Summary.

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PROSECUTOR SEEKS ARREST OF ROSALES
--------------


2. (SBU) A GBRV prosecutor in the opposition-controlled
western state of Zulia issued an arrest warrant request March
19 for Maracaibo Mayor Manuel Rosales. Katisuka Plaza, a
senior government prosecutor with nationwide jurisdiction,
forwarded the arrest warrant to the 6th Court of Zulia in
order to obtain an "preventative detention" arrest order from
the judiciary. The warrant reportedly contains 26 folders,
each with specific allegations against Rosales. Rosales is
being charged with violating Articles 46 and Article 73 of
the criminal code, which refer to "illicit enrichment" and
state that if a public official has a disproportional and
unjustifiable increase in income, the government must
investigate.


3. (SBU) Local media reports state that Rosales is accused
of failing to account for $66,000 in personal income. The
Maracaibo mayor maintains this income came primarily from his
private activities as a rancher and was declared to the tax
authorities. The arrest order request will next go to an
undetermined judge, who will then schedule a hearing for a
future date, probably within three weeks. Speaking with
members of the press following the delivery of the warrant,
Plaza said, "The controlling judge will now see the warrant
and decide whether or not to accept the case."

--------------
ROSALES: "THIS IS AN ORDER FROM CHAVEZ"
--------------


4. (SBU) Rosales, the opposition's consensus presidential
candidate who lost the 2006 race against Chavez, told
reporters immediately following Plaza's announcement, that
the warrant is "an order from Chavez." He assured his
supporters that he would "fight it on all fronts." Rosales
told reporters for Globovision later that same day, "This is
not from the Public Ministry. This is an order from Chavez
that he gave last year, and he is insisting on this because
as we all know in Venezuela (the separation of powers)
doesn't function..." The Maracaibo mayor added that "Chavez
is a coward who has the military by the pants, all power
under his control, and is trying to bend and trample on the
constitution of Venezuela."


5. (C) Comment: The prosecutor's recent arrest warrant
request against Maracaibo mayor Manuel Rosales is just one of
several accusations against him. In December 2008, the
pro-Chavez National Assembly accused Rosales of mismanaging
the state lottery and having illicite funds hidden in Miami.
While many pundits privately speculate that Rosales has
profited from public office, they argue that this is a clear
case of selective prosecution. They note that the GBRV has
failed to investigate senior pro-Chavez government officials
on corruption charges, including those implicated in the
Antonini Wilson "suitcase-gate" scandal. In light of
Chavez's recent announcement to take control of Venezuelan
ports, airports, and roads away from the states (Reftel),the
arrest warrant against Rosales is most likely another attempt
by Chavez to try to silence dissent and consolidate control
in opposition areas. If convicted, Rosales could face

CARACAS 00000353 002.2 OF 002


between three and 10 years in jail, a sentence that would
legally bar the Maracaibo Mayor from running a second time
against Chavez for President in 2012. End Comment.

CAULFIELD