US embassy cable - 04CARACAS293

C O N F I D E N T I A L  CARACAS 000293 
 
SIPDIS 
 
 
NSC FOR CBARTON 
USCINCSO ALSO FOR POLAD 
STATE PASS USAID FOR DCHA/OTI 
 
E.O. 12958: DECL: 01/27/2014 
TAGS: PREL, PGOV, VE 
SUBJECT: WHA/DAS PETER DESHAZO,S 1/22/04 MEETING WITH 
VENEZUELAN CHIEF JUSTICE IVAN RINCON 
 
Classified By: Ambassador Charles S. Shapiro for Reasons 1.5(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 
 
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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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Chief Justice Praises Embassy Support in Judicial Reform 
Efforts 
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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 U.S. 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 noted that the USG strongly supports the 
efforts ofthe 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 sheets (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 disposed of rapidly. 
 
6.    (C) The Ambassador asked whether authentic signatures 
would be disallowed for technical reasons if, for example, a 
planilla was not properly accounted for in the corresponding 
acta. if a certification is slightly different from the 
CNE,s registration lists.  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 
counterproductive.  Rincon offered an example of Chavez 
supporters or the president himself making "undiplomatic" 
remarks about the Ambassador, President Bush or National 
Security Advisor Condoleeza Rice.  Rincon noted that 
responding to Chavez is not always wise.  So it is, he said, 
with the current CNE process.  If the signatures are 
verified, that will open a road to a recall referendum. 
 
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FEDECAMERAS Wilted, Jimmy Carter Inspiring 
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7.    (C) Rincon responded to several questions by the DAS 
and the Ambassador about current players in the Venezuelan 
electoral and political scene.  While the press and Chavez 
had problems, the press, said Rincon, was a good institution. 
 Rincon said the power of FEDECAMERAS, a business collective 
and a coordinator of the crippling national strike in 
December 2002-February 2003, had now largely disappeared. 
 
8.    (C) Rincon recalled that during the attempted coup in 
April 2002, a million people were in the street, creating a 
very "dangerous moment" and an environment where people were 
being killed and little hope existed for an electoral 
solution.  Rincon noted that former President Jimmy Carter 
called on Venezuelans to be peaceful and that was 
instrumental in getting the parties to settle down and 
proceed towards a peaceful solution. 
 
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Cabrera Walks in, Rincon Changes Topic 
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9.    (C) Late in the conversation, Justice Jesus Cabrera, 
vice president of the TSJ's Constitutional Chamber, joined 
the meeting.  When Cabrera entered, Rincon changed the topic 
to the current jockeying to change the internal rules of the 
National Assembly and recall politics.  Rincon said Chavez 
supporters are seeking to solidify their control of the 
National Assembly to ensure they retain some power if Chavez 
falls.  He noted that the opposition was at a disadvantage 
because Chavez had been running for office for five years, 
and the opposition still has no single candidate to challenge 
him. 
 
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TSJ Constitutional VP Pledges No Bias 
 
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10.   (C) Cabrera said the USG should be assured that there 
will be no advantage given to either Chavez or to his 
opponents if the Court is asked to review issues regarding a 
recall referendum.  Nevertheless, he noted that Chavez 
supporters obviously did not participate in the signature 
drive to remove the president and therefore would most likely 
not come before the court.  (Note: Cabrera ignored the 
possibility that the Court may review issues stemming from 
the several signature petitions to recall opposition 
legislators brought by Chavez supporters.)  Without 
prompting, Cabrera emphatically denied reports that the TSJ's 
Constitutional Chamber is controlled by Chavez, 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 coup 
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 
referenda, and it must do so in the time required.  Rincon 
softened his remarks by saying he was confident the CNE would 
act as requested.  Additionally, he pledged that the TSJ 
would remain vigilant to ensure the "people's will" was 
respected. 
 
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Comment: 
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13.   (C) Rincon presides over a court split evenly along 
ideological lines.  Rincon is regarded as a centrist leaning 
toward Chavez, but is not loved by Chavez supporters or the 
opposition.  The rumor mill has it that once the Assembly 
increases the number of TSJ magistrates from 20 to 30, Chavez 
will name Rincon, a devout Catholic, to be ambassador to the 
Vatican.  Rincon's public statement immediately following his 
meeting with DAS DeShazo sends a double message.  First, it 
shows an interest in encouraging the CNE to press through 
with its signature verification for a possible recall. 
Second, it shows a willingness to support the USG and the 
international community by immediately translating privately 
communicated concerns into public statements. 
SHAPIRO 
 
 
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