US embassy cable - 04CARACAS898

C O N F I D E N T I A L  CARACAS 000898 
 
SIPDIS 
 
 
NSC FOR TSHANNON AND CBARTON 
USCINSO ALSO FOR POLAD 
STATE PASS USAID FOR DCHA/OTI 
 
E.O. 12958: DECL: 03/15/2014 
TAGS: PGOV, PHUM, KDEM, VE 
SUBJECT: TSJ ELECTORAL CHAMBER ORDERS CNE TO VERIFY 
SIGNATURES 
 
 
Classified By: Political Counselor Abelardo A. Arias for Reason 1.4(d) 
 
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Summary: 
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1. (U) The Electoral Chamber of the Supreme Court of Justice 
(TSJ), issued a ruling March 15 ordering the National 
Electoral Council (CNE) to include more than 800,000 
presidential referendum signatures among the valid signatures 
that will be subject to the appeals process (reparo). In 
theory, the decision gives the opposition enough signatures 
to schedule a presidential recall referendum.  Caracas Mayor 
Freddy Bernal (MVR) called the decision illegal and said they 
would take the matter to the Constitutional Chamber.  End 
Summary. 
 
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Electoral Chamber Storms Back, Rules for the Opposition 
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2. (U) Justice Alberto Martini, president of the Electoral 
Chamber of the Supreme Court of Justice (TSJ), announced a 
ruling March 15 ordering the National Electoral Council (CNE) 
to include more than 800,000 presidential referendum 
signatures among the valid signatures that will be suject to 
the appeals process (reparo).  The CNE had placed the 
signatures in question in an "under observation" category 
because some corresponding data on the petition forms was 
written in the same handwriting.  An opposition suit claims 
the CNE never published guidelines directing signers to fill 
in all information with separate handwriting, and therefore 
alleges the CNE's failure to certify the signatures is 
illegal (septel). 
 
3. (U) The Electoral Chamber's decision came after legal 
motions lodged by the opposing sides, and a March 11 
declaration by the TSJ's Constitutional Chamber that 
purported to take jurisdiction on the case away from the 
Electoral Chamber.  In his announcement, Martini questioned 
TSJ Constitutional Chamber President Ivan Rincon's motivation 
 
SIPDIS 
for issuing what he described as an invalid and illegal 
ruling assuming jurisdiction.  Martini emphasized that the 
Electoral Chamber holds primary authority for all electoral 
issues, and suggested the Constitutional Chamber issued its 
decision without a valid quorum of justices. 
 
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Constitutional Court Reiterates Legitimacy 
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4. (U) Within two hours of the Electoral Chamber's 
announcement, Constitutinal Chamber president Ivan Rincon 
issued a statement defending the March 11 decision claiming 
jurisdiction.  The statement said that four of the 
Constitutional Chamber's five justices were present, forming 
a valid quorum, and refused to give ground on the Electoral 
Chamber's claims of exclusive purview over matters having to 
do with the CNE. 
 
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GoV Quick to Criticize; More Legal Moves Coming 
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5. (U) Freddy Bernal, the mayor of Caracas' Libertador 
Municipality and a member of Chavez's ruling Fifth Republic 
Movement (MVR) party, responded immediately to the Electoral 
Chamber's decision on behalf of the GoV.  Bernal called the 
decision illegal and in violation of the Constitutional 
Chamber's jurisdiction.  Bernal said the MVR national 
directorate would shortly appeal the decision to the TSJ's 
Constitutional Chamber.  (Note: There was no explanation 
offered for why Bernal was teh spokesman for this legal 
issue.) 
 
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Opposition Buoyed, But Not Counting Its Chickens 
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6. (C) Jose Luis Mejias of the opposition Premero Justicia 
party, told poloff March 15 he expects the Electoral Chamber 
decision to be challenged in the Constitutional Chamber. 
Nevertheless, Mejias said the decision may give the 
opposition another two or three days of breathing room to 
negotiate a better deal for an appeals process. 
 
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Comment: 
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7. (C) Today's court announcement is merely another move in 
the continuing legal contest between the parties.  In theory, 
the Electoral Chamber's decision adds 800,000 to the 1.8 
million signatures the CNE has already verified, bringing the 
total to 2.6 million, more than the 2.4 million minimum 
necessary to schedule a presidential recall referendum.  But 
the TSJ's wrestling match over control of election issues may 
not be settled soon.  Both sides say a majority of justices 
in the Electoral Chamber are pro-opposition, while a majority 
in the Constitutional Chamber are pro-Chavez.  Under Court 
rules, if two chambers of the TSJ issue conflicting rulings, 
the decision could be thrown to the whole TSJ sitting en 
banc, where court-watchers believe the tribunal is deadlocked 
ten to ten.  But an outright victory is not necessary. 
Pro-Chavez justices may delay a final decision on the 
question, effectively allowing the CNE to operate 
independently.  If a final resolution is reached, it will 
likely result from a political deal rather than from a clear 
legal pronouncement. 
SHAPIRO 
 
 
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      2004CARACA00898 - CONFIDENTIAL