US embassy cable - 04CARACAS292

C O N F I D E N T I A L SECTION 01 OF 03 CARACAS 000292 
 
SIPDIS 
 
 
STATE PASS USAID FOR DCHA/OTI 
NSC FOR CHRIS BARTON 
USCINCSO FOR POLAD 
 
    E.O. 12958: DECL: 01/27/2014 
TAGS: PREL, PGOV, VE, OAS 
SUBJECT: DAS DESHAZO'S MEETING CHIEF JUSTICE RINCON 
 
 
CLASSIFIED BY: AMBASSADOR CHARLES S. SHAPIRO FOR REASONS 1.4(B) AND (D) 
 
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SUMMARY 
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1. (C) DURING A JANUARY 22, 2004 MEETING WITH SUPREME COURT 
(TSJ) CHIEF JUSTICE IVAN RINCON, WHA DEPUTY ASSISTANT 
SECRETARY PETER DESHAZO NOTED THAT THE USG REMAINS VITALLY 
 
SIPDIS 
INTERESTED IN A DEMOCRATIC AND ELECTORAL PROCESS, SUPPORTS 
THE EFFORTS OF  THE CARTER CENTER AND THE ORGANIZATION OF 
AMERICAN STATES (OAS) TO MONITOR THE SIGNATURE VERIFICATION 
PROCESS, AND VIEWS AS ABSOLUTELY ESSENTIAL THE INDEPENDENCE 
OF THE NATIONAL ELECTORAL COUNCIL (CNE).  RINCON SAID THE TSJ 
WILL NOT BE BIASED IN ANY DECISIONS REGARDING A REFERENDUM. 
FOLLOWING THE MEETING, RINCON PUBLICLY REMINDED THE CNE TO 
VERIFY SIGNATURES FOR RECALL REFERENDA RESPONSIBLY AND 
PLEDGED THE TSJ WOULD REMAIN VIGILANT.  RINCON'S PUBLIC 
STATEMENT SHOWS A WILLINGNESS TO IMMEDIATELY TRANSLATE 
PRIVATELY COMMUNICATED USG CONCERNS INTO PUBLIC STATEMENTS. 
END SUMMARY. 
 
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RINCON PRAISES EMBASSY SUPPORT FOR JUDICIAL REFORM 
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2.    (C) ON JANUARY 22, 2004, WHA DEPUTY ASSISTANT SECRETARY 
    PETER DESHAZO, THE AMBASSADOR, AND PD OFFICER MET WITH 
JUSTICE IVAN RINCON, THE PRESIDENT OF VENEZUELA'S SUPREME 
COURT OF JUSTICE (TSJ).  JUSTICE JESUS CABRERA, ALSO A MEMBER 
OF THE TSJ'S CONSTITUTIONAL CHAMBER, JOINED THE MEETING  AS 
IT WAS DRAWING TO A CLOSE. 
 
3.    (C) RINCON WELCOMED DAS DESHAZO TO THE TSJ AND THANKED 
THE AMBASSADOR FOR CONTINUED EMBASSY ASSISTANCE WITH 
VENEZUELA'S JUSTICE SECTOR REFORM EFFORTS.  RINCON NOTED THE 
SUCCESS OF A RECENT EMBASSY-SPONSORED PROGRAM IN WHICH 
SEVERAL VENEZUELAN JUDGES AND A SUPREME COURT JUSTICE 
TRAVELED TO THE UNITED STATES.  RINCON SAID HE ADMIRED THE 
MANNER IN WHICH THE US JUSTICE SYSTEM ALLOWED FOR COOPERATION 
BETWEEN LEVELS OF AUTHORITY, FOR EXAMPLE BETWEEN THE MILITARY 
COURTS AND THE CIVIL POLICE. 
 
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USG INTEREST IN SIGNATURE VERIFICATION PROCESS 
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4.    (C) DAS DESHAZO TOLD RINCON HE HAD RETURNED TO 
VENEZUELA TO EXPRESS USG SUPPORT FOR A CONSTITUTIONAL, 
ELECTORAL, DEMOCRATIC, AND PEACEFUL SOLUTION TO VENEZUELA'S 
POLITICAL IMPASSE, OF WHICH THE CURRENT PROCESS OF 
VERIFICATION OF SIGNATURES BY THE CNE IS THE KEY ELEMENT. 
DESHAZO UNDERSCORED THAT THE USG STRONGLY SUPPORTS THE 
EFFORTS OF THE CARTER CENTER AND THE ORGANIZATION OF AMERICAN 
STATES (OAS) TO MONITOR THE SIGNATURE VERIFICATION PROCESS. 
HE FURTHER EMPHASIZED THE NEED TO ENSURE THAT THE CNE BE ABLE 
TO OPERATE IN AN ATMOSPHERE OF TRANSPARENCY AND AUTONOMY, 
FREE FROM INTERFERENCE. 

5.    (C) RINCON SAID THE CONSTITUTION ASSIGNS 
RESPONSIBILITIES TO THE CNE, BUT THE TSJ IS CHARGED WITH 
ENSURING A LEGAL FRAMEWORK.  THE VERIFICATION PROCESS, SAID 
RINCON, INVOLVES CERTIFYING SIGNATURE FORMS (PLANILLAS) AND 
TALLY SHEETS (ACTAS).  RINCON SAID THE VERIFICATION TASK IS 
SQUARELY IN THE HANDS OF THE FIVE CNE DIRECTORS, AND THEY 
WILL BE RESPONSIBLE FOR VERIFYING THE SIGNATURES TO GET TO A 
RECALL REFERENDUM FOR CHAVEZ, AS WELL AS VERIFYING SIGNATURES 
FOR RECALLING VARIOUS LEGISLATORS.  ANY CITIZEN COULD OF 
COURSE APPEAL ANY CNE DECISION TO THE TSJ, BUT HE EXPECTED 
APPEALS TO BE DECIDED RAPIDLY. 
 
6.    (C) THE AMBASSADOR ASKED WHETHER AUTHENTIC SIGNATURES 
WOULD BE DISALLOWED FOR TECHNICAL REASONS IF, FOR EXAMPLE, A 
SIGNATURE FORM WAS NOT PROPERLY ACCOUNTED FOR IN THE 
CORRESPONDING TALLY SHEET. RINCON RESPONDED THAT EVERYTHING 
WOULD BE CERTIFIED BY THE CNE AND THAT SUCH ISSUES WOULD 
CERTAINLY DEPEND ON THE RULES THAT BODY ESTABLISHED.  THE 
TSJ,S ELECTORAL AND CONSTITUTIONAL CHAMBERS, HE SAID, COULD 
 
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NOT DECIDE SUCH THINGS BEFOREHAND AND MAKING STATEMENTS ON 
THE VERIFICATION PROCESS FROM THE TSJ MAY BE 
 
CARACAS 00000292  002 OF 003 
 
LE OF HAVEZ 
SUPPORTERS OR THE PRESIDENT HIMSELF MAKING DIPLOMATIC 
REMARKS ABOUT THE AMBASSADOR, PRESIDNT BUSH OR NATIONAL 
SECURITY ADVISOR CONDOLEEZA ICE.  RINCON NOTED THAT 
RESPONDING TO CHAVEZ IS OT ALWAYS WISE.  SO IT IS, HE SAID, 
WITH THE CURENT CNE PROCESS.  IF THE SIGNATURES ARE 
VERIFIED,THAT WILL OPEN A ROAD TO A RECALL REFERENDUM. 
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FEDECAMRAS WILTED, JIMMY CARTER INSPIRING 
----------------------------------------- 
 
7.    (C) RINCON RSPONDED TO SEVERAL QUESTIONS BY THE DAS 
AND THE ABASSADOR ABOUT CURRENT PLAYERS IN THE VENEZUELAN 
ELECTORAL AND POLITICAL SCENE.  WHILE THE PRESS AN CHAVEZ 
HAD PROBLEMS, THE PRESS, SAID RINCON, WA A GOOD INSTITUTION. 
RINCON SAID THE POWER OF FDECAMERAS, A BUSINESS COLLECTIVE 
AND A COORDINATO OF THE CRIPPLING NATIONAL STRIKE IN 
DECEMBER 202-FEBRUARY 2003, HAD NOW LARGELY DISAPPEARED. 
 
8    (C) RINCON RECALLED THAT DURING THE ATTEMPTED OUP IN 
APRIL 2002, A MILLION PEOPLE WERE IN THE TREET, CREATING A 
VERY "DANGEROUS MOMENT" AND AN NVIRONMENT WHERE PEOPLE WERE 
BEING KILLED AND LITLE HOPE EXISTED FOR AN ELECTORAL 
SOLUTION.  RINON NOTED THAT FORMER PRESIDENT JIMMY CARTER 
CALLD ON VENEZUELANS TO BE PEACEFUL AND THAT WAS 
INSRUMENTAL IN GETTING THE PARTIES TO SETTLE DOWN AND 
    PROCEED TOWARDS A PEACEFUL SOLUTION. 
 
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CABRERA WALKS IN, RNCON CHANGES TOPIC 
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9.    (C) LATE IN THE CONVERSATION, JUTICE JESUS CABRERA, 
VICE PRESIDENT OF THE TSJ'S CNSTITUTIONAL CHAMBER, JOINED 
THE MEETING.  WHEN ABRERA ENTERED, RINCON CHANGED THE TOPIC 
TO THE URRENT JOCKEYING TO CHANGE THE INTERNAL RULES OF THE 
NATIONAL ASSEMBLY AND RECALL POLITICS.  RINCONSAID CHAVEZ 
SUPPORTERS ARE SEEKING TO SOLIDIFY THIR CONTROL OF THE 
NATIONAL ASSEMBLY TO ENSURE THY RETAIN SOME POWER IF CHAVEZ 
FALLS.  HE NOTED TAT THE OPPOSITION WAS AT A DISADVANTAGE 
BECAUSE HAVEZ HAD BEEN RUNNING FOR OFFICE FOR FIVE YEARS AND 
THE OPPOSITION STILL HAS NO SINGLE CANDIDATE TOCHALLENGE 
HIM. 
 
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TSJ CONSTITUTIONAL VP PLEDGES NO BIAS 
 
SIPDIS 
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10.   (C) CBRERA SAID THE USG SHOULD BE ASSURED THAT THERE 
ILL BE NO ADVANTAGE GIVEN TO EITHER CHAVEZ OR TO HI 
OPPONENTS IF THE COURT IS ASKED TO REVIEW ISSUE REGARDING A 
RECALL REERENDUM.  NEVERTHELESS, H NOTED THAT CHAVEZ 
SUPPORTERS OBVIOUSLY DID NOT ARTICIPATE IN THE SIGNATURE 
DRIVE TO REMOVE THE RESIDENT AND THEREFORE WOULD MOST LIKELY 
NOT COMEBEFORE THE COURT.  (NOTE: CABRERA IGNORED THE 
POSIBILITY THAT THE COURT MAY REVIEW ISSUES STEMMING FROM 
THE SEVERAL SIGNATURE PETITIONS TO RECALL OPOSITION 
    LEGISLATORS BROUGHT BY CHAVEZ SUPPORTER.)  WITHOUT 
PROMPTING, CABRERA EMPHATICALLY DENIED REPORTS THAT THE 
TSJ,S CONSTITUTIONAL CHAMBER IS CONTROLLED BY CHAVEZ, 
 
SIPDIS 
STATING DECIDEDLY, "OUR DECISIONS WILL NOT BE POLITICAL." 
 
11.   (C) RINCON ADDED THAT THE OPPOSITION SHOULD HAVE FAITH 
IN THE TSJ'S CONSTITUTIONAL CHAMBER, NOTING IT WAS THAT 
CHAMBER THAT RULED AGAINST CHAVEZ IN THE TREASON CASE BROUGHT 
AGAINST MILITARY OFFICERS FOLLOWING THE APRIL 2002 COUPE 
ATTEMPT.  HE REPEATED A LINE FROM HIS SPEECH AT THE OPENING 
OF THE TSJ'S DECISION:  "OUR PARTY IS DEMOCRACY." 
 
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RINCON WARNS CNE IN PUBLIC STATEMENT 
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12.   (U) FOLLOWING HIS MEETING WITH DAS DESHAZO AND THE 
AMBASSADOR, RINCON TOOK TO THE AIRWAVES TO REMIND THE CNE TO 
ACT PRUDENTLY.  SPEAKING WITH THE PRESS, THE CHIEF JUSTICE 
SAID THE CNE MUST DO EVERYTHING POSSIBLE TO FULFILL ITS 
RESPONSIBILITY TO FOLLOW THE RULES IT HAD ESTABLISHED TO 
VERIFY SIGNATURES IN THE SEVERAL PETITIONS FOR RECALL 
 
CARACAS 00000292  003.1 OF 003 
 
AYNG HE WAS CONFIDENT THE CNE WOULD 
ACT AS REQUESTD.  ADDITIONALLY, HE PLEDGED THAT THE TSJ 
WOULD RMAIN VIGILANT TO ENSURE THE "PEOPLE'S WILL" WAS 
ESPECTED. 
 
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COMMENT 
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15.   C) RINCON PRESIDES OVER A COURT SPLIT EVENLY ALONG 
IDEOLOGICAL LINES.  RINCON IS REGARDED AS A CENTIST LEANING 
TOWARD CHAVEZ, BUT IS NOT LOVED BY CHVEZ SUPPORTERS OR THE 
OPPOSITION.  THE RUMOR MIL HAS IT THAT ONCE THE ASSEMBLY 
INCREASES THE NUMER OF TSJ MAGISTRATES FROM 20 TO 30, CHAVEZ 
WILLNAME RINCON, A DEVOUT CATHOLIC, TO BE AMBASSADOR T THE 
VATICAN.  RINCON'S PUBLIC STATEMENT IMMEDIATLY FOLLOWING HIS 
MEETING WITH DAS DESHAZO SENDS  DOUBLE MESSAGE.  FIRST, IT 
SHOWS AN INTEREST INENCOURAGING THE CNE TO PRESS THROUGH 
WITH ITS SINATURE VERIFICATION FOR A POSSIBLE RECALL. 
SECON, IT SHOWS A WILLINGNESS TO SUPPORT THE USG AND THE 
INTERNATIONAL COMMUNITY BY IMMEDIATELY TRANSLATIG PRIVATELY 
COMMUNICATED CONCERNS INTO PUBLIC STTEMENTS. 
 
16. (U) DAS DESHAZO REVIEWED THIS MESSGE. 
SHAPIRO 
 

 
CARACAS 00000292  003.2 OF 003 
 
S CONFIDENT THE CNE WOULD 
ACT AS REQUESTD.  ADDITIONALLY, HE PLEDGED THAT THE TSJ 
WOULD RMAIN VIGILANT TO ENSURE THE "PEOPLE'S WILL" WAS 
ESPECTED. 
 
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COMMENT 
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15.   C) RINCON PRESIDES OVER A COURT SPLIT EVENLY ALONG 
IDEOLOGICAL LINES.  RINCON IS REGARDED AS A CENTIST LEANING 
TOWARD CHAVEZ, BUT IS NOT LOVED BY CHVEZ SUPPORTERS OR THE 
OPPOSITION.  THE RUMOR MIL HAS IT THAT ONCE THE ASSEMBLY 
INCREASES THE NUMER OF TSJ MAGISTRATES FROM 20 TO 30, CHAVEZ 
WILLNAME RINCON, A DEVOUT CATHOLIC, TO BE AMBASSADOR T THE 
VATICAN.  RINCON'S PUBLIC STATEMENT IMMEDIATLY FOLLOWING HIS 
MEETING WITH DAS DESHAZO SENDS  DOUBLE MESSAGE.  FIRST, IT 
SHOWS AN INTEREST INENCOURAGING THE CNE TO PRESS THROUGH 
WITH ITS SINATURE VERIFICATION FOR A POSSIBLE RECALL. 
SECON, IT SHOWS A WILLINGNESS TO SUPPORT THE USG AND THE 
INTERNATIONAL COMMUNITY BY IMMEDIATELY TRANSLATIG PRIVATELY 
COMMUNICATED CONCERNS INTO PUBLIC STTEMENTS. 
 
16. (U) DAS DESHAZO REVIEWED THIS MESSGE. 
    SHAPIRO 
 
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