PROSECUTOR CALLS FOR ARREST OF MARACAIBO MAYOR

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. -------------- 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