US embassy cable - 04CARACAS950

C O N F I D E N T I A L  CARACAS 000950 
 
SIPDIS 
 
 
NSC FOR CBARTON 
USCINCSO ALSO FOR POLAD 
STATE PASS USAID DCHA/OTI FOR RPORTER 
 
E.O. 12958: DECL: 03/18/2014 
TAGS: PGOV, PHUM, VE 
SUBJECT: WANTED: BARUTA MAYOR, FOR INCITING CROWD AT CUBAN 
EMBASSY IN 2002 
 
REF: A. CARACAS 00651 
 
     B. 2003 CARACAS 01745 
 
Classified By: Abelardo A. Arias, Political Counselor, for reasons 1.4 
(B) and (D) 
 
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Summary 
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1. (C) Baruta Mayor Henrique Capriles Radonsky said March 18 
he will not present himself to the court as summoned until 
after he sees the case file alleging his involvement with a 
violent protest at the Cuban Embassy April 12, 2002.  The 
court has refused Capriles' lawyers access to the case file 
and issued an arrest warrant for him March 16.  Although 
Capriles' case predates the most recent opposition protests, 
he may be the first elected opposition leader to face charges 
in their aftermath.  End Summary. 
 
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Come Out With Your Hands Tied: Mayor Leery of GOV Justice 
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2. (U) Prosecutor Danilo Anderson successfully petitioned for 
an arrest warrant March 16 for Baruta Mayor Henrique Capriles 
Radonsky.  Capriles is accused of alleged criminal acts such 
as "violating international principles, private violence and 
abuse of office" during mob protests at the Cuban Embassy 
April 12, 2002.  Anderson argued that Capriles' failure to 
respond to three summons issued November 28, 2002, January 6, 
2003, and March 7, 2003 made him a flight risk.  Judge Jose 
Ramon Flores (40th Control Court) granted the warrant later 
on March 16 and assigned it to the National Investigative 
Police (CICPC). 
 
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Good Cop/Bad Cop Prosecutor Plays Keep Away With Case File 
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3. (U) Anderson outlined the alleged offenses to reporters 
March 17.  He denied Capriles was a political target and said 
the Mayor's attorneys should have access to his file to 
understand the charges.  He said the judge would bring 
representatives of the defense and prosecution together to 
determine if the charges were serious enough to detail 
Capriles pending trial.  Anderson later warned Capriles to 
turn himself in, and stated he didn't need to show Capriles' 
attorneys his file before Capriles presented himself to the 
court. 
 
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Mayor: Not Without My Case File 
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4. (C) Capriles told PolFSN March 17 that his attorney went 
the courthouse at 8 p.m. March 16 to inquire about the 
warrant, but the court was closed.  Capriles said he was 
waiting to hear what the charges against him are and that his 
attorneys were denied access to his file March 17.  Capriles 
attorney Arturo Lopez said March 18 that Capriles would 
present himself only after his legal team had complete access 
to his file.  "We can't go to court with our eyes closed." 
Capriles called the case proof of "the political persecution 
against those who do not share the government's vision" and 
blasted Anderson as a political lackey of the GOV.  Justice 
First president Julio Borges told reporters March 17 the case 
is baseless and an attempt by the GOV to divert attention 
from the presidential recall referendum process. 
 
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Was the Mayor Peacemaker or Instigator? 
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5. (C) During the events of April 11-14, when President 
Chavez briefly lost power, an angry crowd gathered in front 
the Cuban Embassy in Baruta looking for a pro-GOV leaders 
suspected of hiding inside.  The crowd damaged embassy 
vehicles and cut electricity and water lines.  Mayor Capriles 
told PolFSN he entered the Embassy to restore calm and 
disperse the crowd, but has been portrayed as instigating 
violence by the GOV-run television channel.  Newspapers at 
 
 
the time reported that Capriles, Chacao Mayor Leopoldo Lopez, 
and former Chief of the Metropolitan Police Henry Vivas went 
to the Cuban Embassy to determine if GOV officials were 
seeking asylum. 
 
6. (U) The Cuban Embassy in Caracas released a statement 
supporting the investigation and denying Borges' contention 
that Cuban Ambassador German Sanchez Otero asked Capriles to 
mediate April 12, 2002, and had praised him for doing so.  It 
also asserted that "terrorist and fascist groups" vandalized 
the Embassy while Capriles' police watched, under orders not 
to interfere.  Capriles responded to the Cuban note saying 
the Ambassador lacked "the honesty to say what really 
happened."  Capriles contended he was only guilty of having 
differences with the GOV. 
 
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Comment 
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7. (C) The GOV has long had Capriles in its sights.  In the 
Capriles case, Anderson is in his mettle as GOV hatchet man 
(refs).  If the case he is pressing against 24 residents of 
Merida who also have not had access to their files for civil 
rebellion charges is any indication, a prompt resolution to 
the Capriles case is not the offing.  In the meantime, it 
serves the GOV to have a new high-profile "fugitive from 
justice" against whom to rail.  The investigations against 
opposition leaders, regardless of when the alleged misdeeds 
occurred, also fits into the GOV's strategy of blaming the 
opposition for violence. 
 
8. (C) That said, we do not have sufficient information at 
this time to evaluate the GOV and Cuban allegations against 
Capriles. 
 
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Ambassador's Comment 
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9. (C) Anderson may have done Mayor Capriles a favor by 
making him a hero.  If he were to turn himself in to 
"Bolivarian justice," Capriles' political future would be 
assured and the opposition would have a cause celebre.  That 
said, Venezuelan jails are miserable and one would be crazy 
not to hesitate before turning oneself in. 
SHAPIRO 
 
 
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      2004CARACA00950 - CONFIDENTIAL