US embassy cable - 04CARACAS527

C O N F I D E N T I A L  CARACAS 000527 
 
SIPDIS 
 
 
NSC FOR CBARTON 
USCINCSO ALSO FOR POLAD 
USAID DCHA/OTI FOR RPORTER 
 
E.O. 12958: DECL: 02/11/2014 
TAGS: PGOV, PHUM, VE 
SUBJECT: CNE DIRECTOR MEJIAS INVOLVED IN NATIONAL GUARD 
SCUFFLE 
 
Classified By: Mark Wells, Acting Political Counselor, for reasons 1.4 
(B) and (D) 
 
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Summary 
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1. (C) An alleged attack on a National Assembly (AN) Deputy 
Edgar (Democratic Action) Zambrano and National Electoral 
Council (CNE) Director Sobella Mejias (pro-opposition) by 
National Guard (GN) troops as the two dined on February 7 
created a political firestorm.  At issue is whether GN Gen. 
Marcos Rojas, who was at the restaurant, ordered the supposed 
attack.  Rojas claimed opposition-aligned Zambrano scuffled 
with photographers and that the GN was never involved.  Some 
pro-GOV AN Deputies attempted to shift attention to the 
meeting, implying Zambrano and Mejias were conspiring to 
influence the CNE to accept signatures calling for a recall 
of President Hugo Chavez.  The GN, national investigative 
police, AN, and Public Prosecutors Office are all 
investigating the incident.  End Summary. 
 
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Entering the Lion's Den 
----------------------- 
 
2. (C) National Assembly (AN) Deputy Edgar Zambrano 
(Democratic Action) accused National Guard (GN) Gen. Marcos 
Rojas of orchestrating an attack on himself and National 
Electoral Council (CNE) Director Sobella Mejias.  The alleged 
attack occurred February 7 at the El Faro restaurant in Catia 
La Mar, Vargas state (near the Maiquetia International 
Airport).  Zambrano told poloff February 10 that he and 
Mejias entered the restaurant at approximately 9 p.m. 
precisely because the presence of National Guardsman posted 
in the parking lot reassured them it would be safe. They sat 
at a table in the opposite corner from the Gen. Rojas, who 
was dinning at a large table with a mix of officers and 
civilians.  Rojas confirmed February 9 that he was at the 
restaurant at the same time as Zambrano and Mejias. 
 
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Deputy Zambrano: General Rojas Behind Attack 
-------------------------------------------- 
 
3. (C) At about 9:20 p.m., two civilian-clothed men 
approached their table and started taking photos.  Zambrano 
claimed Rojas, a supporter of President Hugo Chavez, sent the 
men from his table to "harass and intimidate" Zambrano and 
Mejias, who are linked to the opposition.  Zambrano explained 
that Gen. Rojas was baiting him into a trap, which he 
admitted falling into by trying to take away one of the 
cameras.  Zambrano said the photographers asked no questions, 
did not identify themselves, and did not attempt to explain 
why they were taking the photographs, proving, Zambrano 
claimed, that they were civilians working for Rojas, not 
media photographers or concerned citizens.  As he struggled 
with the two men for the camera, four or five National 
Guardsmen joined the brawl.  Although Zambrano said during 
television interviews that he was immediately overwhelmed in 
the conflict, he boasted to poloff that he "got a few blows 
in."  Zambrano leaped over a counter to get to the General's 
table and "plead with him to stop this barbarity."  Zambrano 
said Rojas ignored him completely and his entourage left 
while National Guard troops pummeled him to the ground, 
handcuffed him, and lead him to the GN pickup parked outside 
the door.  Zambrano claimed the Guardsmen beat him and called 
him an "enemy of the state" and accused him of conspiring 
with Mejias to "set a trap for the president."  The Guardsmen 
then allegedly moved him to a truck with a canopy to conceal 
the continued assault before dumping him, still handcuffed, 
in the parking lot and departing.  Zambrano estimated the 
confrontation took about 10 to 15 minutes. 
 
4. (C) Zambrano said Mejias told him that immediately after 
the fight broke out, two or three members of the wait staff 
led her behind a cashier's counter and stood "valiantly" 
between her and the troops.  However, armed troops eventually 
grabbed her by the arms, took her to the parking lot, and 
held her there until they dumped Zambrano and drove away. 
(Note: The language used to describe Mejias' treatment in 
media reports, for instance claiming she was "shoved" or 
"attacked" seemed slightly exaggerated compared to Zambrano's 
 
 
account. End note.)  Zambrano claimed Mejias repeatedly 
yelled at the troops to respect Zambrano's immunity as a 
member of the National Assembly.  She claimed after they took 
Zambrano out of the restaurant, the customers started singing 
the opposition anthem "se va, se va, se va, se va" ("he 
(Chavez) is going"). 
 
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Uncuffed and Angry, Zambrano Strikes Back 
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5. (C) Mejias drove Zambrano back to Caracas to GN 
headquarters in El Paraiso.  (Note: he was not arrested or 
taken to El Paraiso by the GN as reported initially. End 
Note.)  There he was treated "respectfully" by two Colonels 
(Jaime Franklin Marquez_ and Jose Rafael Sequera Cohen) and 
taken to the GN's Intelligence Division where the handcuffs 
were finally taken off.  He spent from 11:30 p.m. to 4 or 5 
a.m. providing his complaint to GN officials and demanding 
"justice."  Sunday evening Zambrano filed a complaint with 
the federal investigative police (CICPC), where Zambrano also 
received a medical examination to document a black eye, cuts 
and bruises on his hands and wrists (which he showed to 
poloff), and alleged bruises covering most of his body. 
Zambrano is accusing Gen. Rojas of: assault, injury, abuse of 
power, instigation of violence, intent to kidnap, violation 
of parliamentary and CNE immunity, violation of freedom of 
movement, violation of freedom of expression, and abuse of 
authority.  Zambrano asserted "this is one person's fault, 
that animal (Rojas).  I will not press charges against the 
soldiers for the orders of their commander."  The Public 
Prosecutor's Office (Ministerio Publico) announced its own 
investigation February 10, although Zambrano did not request 
it. 
 
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Denials and Innuendo: Rojas "Outraged" 
-------------------------------------- 
 
6. (C) Gen. Rojas told reporters February 9 he was "surprised 
and outraged" by the allegations.  He said he was on his way 
out of the restaurant when he observed Zambrano and Mejias 
"arguing with some photographers" and denied that Guardsmen 
were involved.  Rojas speculated that the photographers were 
likely interested in why a National Assembly deputy and a CNE 
director were dining together, implying that they could be 
plotting to influence CNE acceptance of signatures calling 
for Chavez's recall.  Although Rojas made no direct 
accusation, he added that it was suspicious that Zambrano and 
Mejias waited two days after the incident before denouncing 
it.  He also found it "curious" that Zambrano did not have a 
hoarse throat or a black eye on television Sunday night, but 
developed both by Monday morning, implying that Zambrano beat 
himself up or had someone inflict the wounds Sunday night to 
make his story more believable. 
 
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National Assembly to Investigate Politicized Attack 
--------------------------------------------- ------ 
 
7. (C) The National Assembly agreed to open an investigation 
of the incident during its February 10 session.  "The only 
information we have to date has come from the media," said AN 
Vice President Ricardo Gutierrez, who demanded an 
"exhaustive" report from the Ministry of Defense.  Zambrano 
told poloff before the session he expected Chavista support 
for the investigation because "they respect me" and "this was 
over the line."  Although Gutierrez and other pro-GOV 
legislators expressed disdain for any "form of aggression 
against legislators," respect for Zambrano seemed lacking as 
some GOV-aligned Fifth Republic Movement (MVR) firebrands, 
such as Iris Valera, fiercely attacked the motives for the 
meeting.  Valera waved copies of the photographs and demanded 
that the opposition "explain what is going on here."  She 
claimed the two had previously dined on February 6 in the 
Caracas Hilton and claimed such meetings violated Article 294 
of the Constitution, affirming CNE independence and 
impartiality.  Zambrano replied that he met with Mejias 
"because I wanted to and because we live in a free and 
democratic country."  Ultimately the AN agreed to confine the 
investigation to the confrontation, not the content of the 
meeting, however, the AN commission will consist of a 
 
 
majority of pro-GOV deputies, not an even split as proposed 
by the opposition.  A proposal by Deputy Gerardo Blyde 
(Justice Fist) to suspend Rojas pending the outcome of the 
investigation was also defeated. 
 
8. (C) MVR Deputy Luis Velazquez told poloff February 11 he 
disagreed with his colleagues' "infatuation" with the 
meeting.  "Clearly everyone can meet with each other, I met 
with the old CNE directors."  He added that Zambrano and 
Mejias were only guilty of "a lack of sense" for giving MVR 
extremists an opportunity to criticize the meeting at a "time 
of extreme tension" and that Zambrano overreacted by 
attacking the photographers.  "People take our picture all 
the time in the Assembly, he should be used to it."  He 
suspected that the photographers were indeed employees or 
friends of Rojas, but that they acted on their own behalf, 
not under the General's direction. 
 
---------------------------- 
Motives: Why Meet? Why Beat? 
---------------------------- 
 
9. (C) Zambrano said he met Mejias at a restaurant precisely 
because "I have nothing to hide."  As the opposition Assembly 
representative to the CNE Restructuring Committee (Deputy 
Willian Lara is the pro-GOV representative) he had legitimate 
CNE business to discuss and, in any event, there's nothing 
wrong or illegal about CNE directors meeting with deputies. 
Zambrano claimed he heard a rumor that CNE President 
Carrasquero meets with pro-GOV deputies Willian Lara and Luis 
Tascon and that it did not bother him.  Velazquez confirmed 
that MVR leaders do met with CNE officials "as you would 
expect." 
 
10. (C) Zambrano said Rojas wanted to scare them and 
symbolically intimidate the opposition, a strategy that will 
backfire and give the opposition a clear example of GOV 
bullying to rally against.  He said the set-up was an 
impromptu brainchild of Rojas and discounted anything more 
organized or sinister.  Both Mejias and Zambrano have spoken 
out publicly and often about the incident, claiming it has 
only galvanized their opposition to President Chavez.  "I 
have an obligation to the Venezuelan people, and I will not 
allow this to intimidate me," Mejias said February 9. 
 
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National Guard Accounts Schizophrenic 
------------------------------------- 
 
11. (C) GN Adjutant General Luis Mota told DAO Officer 
February 9 that it was the intelligence police (DISIP) that 
fought with and handcuffed Zambrano.  He claimed the GN had 
nothing to do with the incident and that Gen. Rojas just "was 
in the wrong place at the wrong time."  He confirmed that the 
GN took Zambrano's handcuffs off later, but that the 
handcuffs had a DISIP serial number.  Mota also alluded that 
Zambrano may be blaming the GN to cover up an indiscretion 
with Mejias under investigation by the DISIP.  However, 
another military source close to the case told DAO Officer 
that members of the GN company stationed in Vargas were 
indeed involved and accosted Zambrano.  He added that one of 
the "photographers" was a colonel from Gen. Rojas' table who 
"was attacked and that is why he defended himself." 
 
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Media "Testimony" Support Zambrano 
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12. (C) According to media reports February 11, employees at 
a pharmacy next to the restaurant claim they sold disposable 
cameras to two men around 9 p.m. They claim the men then 
rushed back into the restaurant.  A anonymous witness at the 
restaurant backed Zambrano's story during a call-in 
television program February 10. 
 
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Comment 
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13. (C) Clearly, Zambrano or Rojas is lying, a gutsy act 
considering a restaurant full of people witnessed the 
incident.  We tend to believe Zambrano, although he is likely 
 
 
exaggerating and embellishing details.  Rojas' argument that 
Zambrano waited "two days" to complain is weak. Rojas 
complained about the attack officially the same night (and 
has the documents to prove it) and went public less than a 
day after the attack.  Because the event took place on a 
Saturday night, it was not in the newspapers until Monday. 
The fact that Iris Valera had copies of the photos February 
10 and knowledge of another dinner the two had suggests there 
is more to this than a bad dinner. 
SHAPIRO 
 
 
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      2004CARACA00527 - CONFIDENTIAL