US embassy cable - 04CARACAS1203

C O N F I D E N T I A L CARACAS 001203 
 
SIPDIS 
 
 
NSC FOR CBARTON 
USCINCSO ALSO FOR POLAD 
USAID DCHA/OTI FOR RPORTER 
 
E.O. 12958: DECL: 06/03/2013 
TAGS: PHUM, PGOV, VE 
SUBJECT: MURDER CHARGES DROPPED AGAINST FOUR NATIONAL 
GUARDSMEN 
 
CLASSIFIED BY: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASONS 1.4 (B 
) AND (D) 
 
1. (U) JUDGE JORGE MENDEZ ORDERED FOUR NATIONAL GUARDSMEN 
(CAPT. WILLIAN CAMPOS, SALVADOR FRANCHI, GUSTAVO PUERTA AND 
PEDRO BELISARO) RELEASED MARCH 31 AND ALL CHARGES AGAINST 
THEM DROPPED IN THE NOVEMBER 10, 2003 MURDER OF SEVEN INMATES 
OF VISTA HERMOSA PRISON IN CIUDAD BOLIVAR, BOLIVAR STATE. 
THE KILLINGS, WHICH AUTHORITIES CHARACTERIZED AS A GANG 
CONFRONTATION, WERE WITNESSED BY OTHER PRISONERS AND 
ALLEGEDLY VIDEOTAPED BY A PRIVATE CITIZEN, ACCORDING TO MEDIA 
REPORTS.  ON JANUARY 21, 2004, THE ATTORNEY GENERAL'S OFFICE 
REQUESTED THE EXHUMATION OF FIVE OF THE MURDERED PRISONERS TO 
LOOK FOR EVIDENCE OF WHO KILLED THEM. 
 
2. (U) BASED ON FORENSIC EVIDENCE GATHERED FROM THE 
EXHUMATION, INCLUDING DOWNWARD BULLET TRAJECTORIES AND SEVERE 
INJURIES FROM BLUNT FORCE TRAUMA, AS WELL AS 20 WITNESS 
STATEMENTS, ARREST WARRANTS WERE ISSUED FOR THE FOUR NATIONAL 
GUARDSMEN MARCH 22.  HUMBERTO PRADO, DIRECTOR OF THE NGO 
"GENERAL PRISON OBSERVATION," CHARGED IN A MARCH 25 PRESS 
INTERVIEW THAT THE EVIDENCE AGAINST THE FOUR WAS 
OVERWHELMING.  AFTER THE CHARGES AGAINST THEM WERE DROPPED, 
PRADO TOLD DAILY TALCUAL THAT THE JUDGE HAD PRACTICALLY GIVEN 
THEM A "LICENSE TO KILL PRISONERS."  THE JUDGE DISCOUNTED 
WITNESS STATEMENTS FROM PRISONERS ON THE BASIS THAT THEY 
COULD BE CONSIDERED ENEMIES OF THE ACCUSED. 
 
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COMMENT 
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3. (C) IN AN UNUSUAL DISPLAY OF JUDICIAL COMPETENCE, THE GOV 
APPEARED TO BE CONDUCTING A PROPER, INDEPENDENT INVESTIGATION 
OF PROBABLE EXTRAJUDICIAL KILLINGS BY SECURITY FORCES.  THE 
DECISION BY THE PROVISIONAL JUDGE TO DROP THE CHARGES, AND 
THE DUBIOUS REASON FOR DOING SO, SUGGESTS THAT THE RAMPANT 
CORRUPTION IN THE JUDICIAL SYSTEM MAY HAVE TRIUMPHED OVER 
ATTEMPTS AT PROFESSIONALISM ONCE AGAIN. 
SHAPIRO 
 
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      2004CARACA01203 - CONFIDENTIAL