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| Identifier: | 04CARACAS1080 |
|---|---|
| Wikileaks: | View 04CARACAS1080 at Wikileaks.org |
| Origin: | Embassy Caracas |
| Created: | 2004-03-29 20:34:00 |
| Classification: | CONFIDENTIAL |
| Tags: | PGOV PHUM KDEM VE |
| Redacted: | This cable was not redacted by Wikileaks. |
This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 001080
SIPDIS
NSC FOR TSHANNON AND CBARTON
USCINSO ALSO FOR POLAD
STATE PASS USAID FOR DCHA/OTI
E.O. 12958: DECL: 03/29/2014
TAGS: PGOV, PHUM, KDEM, VE
SUBJECT: CHAVISTAS LAND PUNCH IN SUPREME COURT BOXING MATCH
REF: CARACAS 00923 AND PREVIOUS
CLASSIFIED BY: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASON 1.4(D)
--------
SUMMARY:
--------
1. (C) THE SUPREME COURT (TSJ) CONSTITUTIONAL CHAMBER MARCH
23 NULLIFIED THE TSJ ELECTORAL CHAMBER'S MARCH 15 DECISION
ORDERING THE NATIONAL ELECTORAL COUNCIL (CNE) TO INCLUDE OVER
870,000 DISPUTED SIGNATURES, GIVING THE OPPOSITION ENOUGH FOR
A REFERENDUM. D'LSA SOLORZANO, DEMOCRATIC COORDINATING
COMMITTEE (DCC) CHIEF LEGAL REPRESENTATIVE, TOLD POLOFF MARCH
23 THAT THE CONSTITUTIONAL CHAMBER ILLEGALLY OVERSTEPPED ITS
BOUNDS. CONSTITUTIONAL SCHOLARS AND PROMINENT JURISTS HAVE
ALSO CRITICIZED THE CONSTITUTIONAL CHAMBER'S RULING, AS WELL
AS THE ROLE OF THE TSJ PRESIDENT IN THE MATTER. PRESIDENT
CHAVEZ HAILED THE DECISION AS HAVING SAVED HIM FROM A COUP
D'ETAT AND CAPTURE. THE OPPOSITION'S CHANCES OF GETTING A
REFERENDUM DECLARED THROUGH THE TSJ APPEAR TO BE MORTALLY
WOUNDED, ALTHOUGH THE CASE MAY CONTINUE TO THRASH IN THE
COURT'S WEB OF INTERNAL PROCEDURES FOR SOME TIME. END
SUMMARY.
-------------------------------------------
CONSTITUTIONAL CHAMBER REPEATS ITS BAD NEWS
-------------------------------------------
2. (U) THE CONSTITUTIONAL CHAMBER OF VENEZUELA'S SUPREME
COURT (TSJ) STRUCK BACK MARCH 23, ISSUING A DECISION
NULLIFYING THE MARCH 15 DECISION OF THE TSJ ELECTORAL
CHAMBER, AND ORDERING THE NATIONAL ELECTORAL COUNCIL (CNE) TO
CONTINUE TO HANDLE ALL QUESTIONS AND PROCEDURES CONCERNING
THE VERIFICATIONS OF SIGNATURES GATHERED FOR A PRESIDENTIAL
RECALL REFERENDUM. THE CONSTITUTIONAL CHAMBER'S DECISION IS
THE LATEST IN A SERIES OF COMPETING PRONOUNCEMENTS COMING
FROM THE RIVAL TSJ CHAMBERS SINCE THE ELECTORAL CHAMBER'S
ORDERED THE CNE MARCH 15 TO INCLUDE OVER 870,000 SIGNATURES
IN THE COUNT TOWARDS A REFERENDUM (SEE REFTELS). THE
ELECTORAL CHAMBER, CONSTITUTIONAL SCHOLARS, AND OPPOSITION
CRITICS HAD ASSAILED EARLIER CONSTITUTIONAL CHAMBER
PRONOUNCEMENTS IN THE CASE BECAUSE OF IRREGULARITIES IN THE
DECISION-MAKING. IVAN RINCON, PRESIDENT OF THE
CONSTITUTIONAL CHAMBER AND THE TSJ, ANNOUNCED THE COURT'S
MARCH 23 DECISION FROM THE COURTROOM WITH HIS THREE JUDGE
MAJORITY AND TWO REPLACEMENT JUDGES STANDING BY.
-------------------------------------
OPPOSITION BEMOANS JUDICIAL BARBARISM
-------------------------------------
3. (C) D'LSA SOLORZANO, CHIEF LEGAL REPRESENTATIVE OF THE
DEMOCRATIC COORDINATING COMMITTEE (DCC), TOLD POLOFF MARCH 23
THAT THE CONSTITUTIONAL CHAMBER'S DECISION WAS A "BARBARISM
OF JUSTICE." SOLORZANO SAID RINCON INCORRECTLY RELIED ON
ARTICLE 136 OF THE CONSTITUTION, WHICH GRANTS THE
CONSTITUTIONAL CHAMBER POWER TO OVERRULE SUBORDINATE COURTS
ON CONSTITUTIONAL ISSUES. SOLORZANO ASSERTED THAT THE
ELECTORAL CHAMBER WAS A CO-EQUAL TSJ CHAMBER AND NOT A
SUBORDINATE COURT. SHE ARGUED, THEREFORE, THAT THE
CONSTITUTIONAL CHAMBER'S DECISION ILLEGALLY OVERSTEPPED ITS
BOUNDS.
--------------------------------------------- --
CHAVEZ, GOV HAIL DECISION AGAINST "COUP D'ETAT"
--------------------------------------------- -
. (U) GOV REPRESENTATIVES FOCUSED ON THE RESULT RAHER THAN
ON THE LEGAL UNDERPINNINGS OF THE CONSTTUTIONAL CHAMBER'S
DECISION. IN A BROADCAST CARIED ON ALL MEDIA OUTLETS IN THE
COUNTRY BY GOV MADATE (CADENA) ON MARCH 24, PRESIDENT HUGO
CHAVEZSAID THE CONSTITUTIONAL CHAMBER DECISION STYMIED PANS
OF "THE COUNTERREVOLUTIONARY OLIGARCHY" TO OERTHROW HIS
GOVERNMENT. CHAVEZ SAID THE DECISIO, WHICH HE BELIEVES WILL
BLOCK THE REFERENDUM, MENT THAT THERE WOULD BE "NO COUP
D'ETAT AND NO TAING HUGO CHAVEZ PRISONER," AND PROMISED THAT
THEGOV WILL NOT SIT BY WHILE THE "IMMORAL AND UNETHICL"
OLIGARCHY CONSPIRED AGAINST HIM.
CARACAS 00001080 001.2 OF 002
-----
1. (C) THE SUPREME COURT (TSJ) CONSTITUIONAL CHAMBER MARCH
23 NULLIFIED THE TSJ ELECTORAL CHAMBER'S MARCH 15 DECISION
ORDERING THE NATIONAL ELECTORAL COUNCIL (CNE) TO INCLUDE OVER
870,000 DISPUTED SIGNATURES, GIVING THE OPPOSITION ENOUGH FOR
A REFERENDUM. D'LSA SOLORZANO, DEMOCRATIC COORDINATING
COMMITTEE (DCC) CHIEF LEGAL REPRESENTATIVE, TOLD POLOFF MARCH
23 THAT THE CONSTITUTIONAL CHAMBER ILLEGALLY OVERSTEPPED ITS
BOUNDS. CONSTITUTIONAL SCHOLARS AND PROMINENT JURISTS HAVE
ALSO CRITICIZED THE CONSTITUTIONAL CHAMBER'S RULING, AS WELL
AS THE ROLE OF THE TSJ PRESIDENT IN THE MATTER. PRESIDENT
CHAVEZ HAILED THE DECISION AS HAVING SAVED HIM FROM A COUP
D'ETAT AND CAPTURE. THE OPPOSITION'S CHANCES OF GETTING A
REFERENDUM DECLARED THROUGH THE TSJ APPEAR TO BE MORTALLY
WOUNDED, ALTHOUGH THE CASE MAY CONTINUE TO THRASH IN THE
COURT'S WEB OF INTERNAL PROCEDURES FOR SOME TIME. END
SUMMARY.
-------------------------------------------
CONSTITUTIONAL CHAMBER REPEATS ITS BAD NEWS
-------------------------------------------
2. (U) THE CONSTITUTIONAL CHAMBER OF VENEZUELA'S SUPREME
COURT (TSJ) STRUCK BACK MARCH 23, ISSUING A DECISION
NULLIFYING THE MARCH 15 DECISION OF THE TSJ ELECTORAL
CHAMBER, AND ORDERING THE NATIONAL ELECTORAL COUNCIL (CNE) TO
CONTINUE TO HANDLE ALL QUESTIONS AND PROCEDURES CONCERNING
THE VERIFICATIONS OF SIGNATURES GATHERED FOR A PRESIDENTIAL
RECALL REFERENDUM. THE CONSTITUTIONAL CHAMBER'S DECISION IS
THE LATEST IN A SERIES OF COMPETING PRONOUNCEMENTS COMING
FROM THE RIVAL TSJ CHAMBERS SINCE THE ELECTORAL CHAMBER'S
ORDERED THE CNE MARCH 15 TO INCLUDE OVER 870,000 SIGNATURES
IN THE COUNT TOWARDS A REFERENDUM (SEE REFTELS). THE
ELECTORAL CHAMBER, CONSTITUTIONAL SCHOLARS, AND OPPOSITION
CRITICS HAD ASSAILED EARLIER CONSTITUTIONAL CHAMBER
PRONOUNCEMENTS IN THE CASE BECAUSE OF IRREGULARITIES IN THE
DECISION-MAKING. IVAN RINCON, PRESIDENT OF THE
CONSTITUTIONAL CHAMBER AND THE TSJ, ANNOUNCED THE COURT'S
MARCH 23 DECISION FROM THE COURTROOM WITH HIS THREE JUDGE
MAJORITY AND TWO REPLACEMENT JUDGES STANDING BY.
-------------------------------------
OPPOSITION BEMOANS JUDICIAL BARBARISM
-------------------------------------
3. (C) D'LSA SOLORZANO, CHIEF LEGAL REPRESENTATIVE OF THE
DEMOCRATIC COORDINATING COMMITTEE (DCC), TOLD POLOFF MARCH 23
THAT THE CONSTITUTIONAL CHAMBER'S DECISION WAS A "BARBARISM
OF JUSTICE." SOLORZANO SAID RINCON INCORRECTLY RELIED ON
ARTICLE 136 OF THE CONSTITUTION, WHICH GRANTS THE
CONSTITUTIONAL CHAMBER POWER TO OVERRULE SUBORDINATE COURTS
ON CONSTITUTIONAL ISSUES. SOLORZANO ASSERTED THAT THE
ELECTORAL CHAMBER WAS A CO-EQUAL TSJ CHAMBER AND NOT A
SUBORDINATE COURT. SHE ARGUED, THEREFORE, THAT THE
CONSTITUTIONAL CHAMBER'S DECISION ILLEGALLY OVERSTEPPED ITS
BOUNDS.
--------------------------------------------- --
CHAVEZ, GOV HAIL DECISION AGAINST "COUP D'ETAT"
--------------------------------------------- -
4. (U) GOV REPRESENTATIVES FOCUSED ON THE RESULT RAHER THAN
ON THE LEGAL UNDERPINNINGS OF THE CONSTTUTIONAL CHAMBER'S
DECISION. IN A BROADCAST CARIED ON ALL MEDIA OUTLETS IN THE
COUNTRY BY GOV MADATE (CADENA) ON MARCH 24, PRESIDENT HUGO
CHAVEZSAID THE CONSTITUTIONAL CHAMBER DECISION STYMIED PANS
OF "THE COUNTERREVOLUTIONARY OLIGARCHY" TO OERTHROW HIS
GOVERNMENT. CHAVEZ SAID THE DECISIO, WHICH HE BELIEVES WILL
BLOCK THE REFERENDUM, MENT THAT THERE WOULD BE "NO COUP
D'ETAT AND NO TAING HUGO CHAVEZ PRISONER," AND PROMISED THAT
THEGOV WILL NOT SIT BY WHILE THE "IMMORAL AND UNETHICL"
OLIGARCHY CONSPIRED AGAINST HIM.
CARACAS 00001080 002.1 OF 002
ELTA AMAURO STATE, HAILED THE
CONSTITUTIONAL CHAMBER DECSION, SAYING IT REESTABLISHED THE
AUTONOMY OF TH ELECTORAL POWER IN THE CNE. A RECALL
REFERENDU, HE SAID, NOW DEPENDS ON THE SIGNATURE APPEALS
POCESS ESTABLISHED BY THE CNE.
CNE DIRECTOR JORGERODRIGUEZ SAID MARCH 24 THAT THE CNE WAS
MAKING O OFFICIAL ANNOUNCEMENT REGARDING THE COURT DECISIN.
NEVERTHELESS, RODRIGUEZ SAID THE CNE AND THEOPPOSITION
WOULD MEET MARCH 25 TO CONTINUE DISCUSION ON THE TERMS OF A
SIGNATURE APPEALS PROCESS.
--------
COMMENT:
--------
6. (C) THE OPOSITION'S CHANCES OF GETTING A REFERENDUM
DECLARD THROUGH THE TSJ APPEAR TO BE MORTALLY WOUNDED,
ALTHOUGH THE CASE MAY CONTINUE TO THRASH IN THE COUT'S WEB
OF INTERNAL PROCEDURES FOR SOME TIME. CNSTITUTIONAL
SCHOLARS NOTE THERE IS LITTLE PRECEENT FOR RESOLVING
INTRA-COURT COURT CRISES SINCETHE NEW CONSTITUTION WAS
ADOPTED IN 1999. ONE MDEL SUGGESTS THE TSJ'S
POLITICAL-ADMINISTRATIVE CAMBER, WHICH RULES ON
JURISDICTIONAL QUESTIONS FR LOWER COURTS, COULD ENTER THE
FRAY TO OFFER ANADDITIONAL OPINION ON WHICH CHAMBER CAN RULE
ON NE MATTERS.
8. (C) JUSTICE IVAN RINCON IS A PARICULARLY POWERFUL FOE OF
THE REFERENDUM BECAUSE H SERVES NOT ONLY AS THE
CONSTITUTIONAL CHAMBER PRESIDENT, BUT ALSO AS THE PRESIDENT
OF THE ENTIRE SUPREME COURT, WIELDING SPECIAL ADMINISTRATIVE
POWER TO CALL CASES BEFORE THE ENTIRE COURT EN BANC. HIS
IDEOLOGICAL STANCE ON THE CNE CASE MAKE THE CHANCES THAT HE
MIGHT DECIDE TO CALL HIS OWN MARCH 23 DECISION FOR REVIEW
EXTREMELY REMOTE. TO OVERRULE RINCON AND GET THE CASE
REVIEWED BY THE ENTIRE COURT, THE OPPOSITION WOULD NEED A
TWO-THIRDS MAJORITY, OR FOURTEEN JUDGES, TO SO VOTE, WHILE
THE MOST OPTIMISTIC OPPOSITION COURT WATCHERS COUNT ONLY
ELEVEN VOTES. IF THE CASE GOES TO THE WHOLE COURT EN BANC,
RINCON'S CONSTITUTIONAL CHAMBER COULD DECIDE ON THE INTERNAL
PROCEDURES FOR VOTES AND RECUSALS. IN SHORT, A
PRO-REFERENDUM DECISION FROM THE COURT IS UNLIKELY.
SHAPIRO
CARACAS 00001080 002.2 OF 002
ELTA AMACURO STATE, HAILED THE
CONSTITUTIONAL CHAMBER DECISION, SAYING IT REESTABLISHED THE
AUTONOMY OF THE ELECTORAL POWER IN THE CNE. A RECALL
REFERENDUM, HE SAID, NOW DEPENDS ON THE SIGNATURE APPEALS
PROCESS ESTABLISHED BY THE CNE.
CNE DIRECTOR JORGE RODRIGUEZ SAID MARCH 24 THAT THE CNE WAS
MAKING NO OFFICIAL ANNOUNCEMENT REGARDING THE COURT DECISION.
NEVERTHELESS, RODRIGUEZ SAID THE CNE AND THE OPPOSITION
WOULD MEET MARCH 25 TO CONTINUE DISCUSSION ON THE TERMS OF A
SIGNATURE APPEALS PROCESS.
--------
COMMENT:
--------
6. (C) THE OPPOSITION'S CHANCES OF GETTING A REFERENDUM
DECLARED THROUGH THE TSJ APPEAR TO BE MORTALLY WOUNDED,
ALTHOUGH THE CASE MAY CONTINUE TO THRASH IN THE COURT'S WEB
OF INTERNAL PROCEDURES FOR SOME TIME. CONSTITUTIONAL
SCHOLARS NOTE THERE IS LITTLE PRECEDENT FOR RESOLVING
INTRA-COURT COURT CRISES SINCE THE NEW CONSTITUTION WAS
ADOPTED IN 1999. ONE MODEL SUGGESTS THE TSJ'S
POLITICAL-ADMINISTRATIVE CHAMBER, WHICH RULES ON
JURISDICTIONAL QUESTIONS FOR LOWER COURTS, COULD ENTER THE
FRAY TO OFFER AN ADDITIONAL OPINION ON WHICH CHAMBER CAN RULE
ON CNE MATTERS.
7. (C) JUSTICE IVAN RINCON IS A PARTICULARLY POWERFUL FOE OF
THE REFERENDUM BECAUSE HE SERVES NOT ONLY AS THE
CONSTITUTIONAL CHAMBER PRESIDENT, BUT ALSO AS THE PRESIDENT
OF THE ENTIRE SUPREME COURT, WIELDING SPECIAL ADMINISTRATIVE
POWER TO CALL CASES BEFORE THE ENTIRE COURT EN BANC. HIS
IDEOLOGICAL STANCE ON THE CNE CASE MAKE THE CHANCES THAT HE
MIGHT DECIDE TO CALL HIS OWN MARCH 23 DECISION FOR REVIEW
EXTREMELY REMOTE. TO OVERRULE RINCON AND GET THE CASE
REVIEWED BY THE ENTIRE COURT, THE OPPOSITION WOULD NEED A
TWO-THIRDS MAJORITY, OR FOURTEEN JUDGES, TO SO VOTE, WHILE
THE MOST OPTIMISTIC OPPOSITION COURT WATCHERS COUNT ONLY
ELEVEN VOTES. IF THE CASE GOES TO THE WHOLE COURT EN BANC,
RINCON'S CONSTITUTIONAL CHAMBER COULD DECIDE ON THE INTERNAL
PROCEDURES FOR VOTES AND RECUSALS. IN SHORT, A
PRO-REFERENDUM DECISION FROM THE COURT IS UNLIKELY.
SHAPIRO
NNNN
2004CARACA01080 - CONFIDENTIAL
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