US embassy cable - 04CARACAS1348

C O N F I D E N T I A L  CARACAS 001348 
 
SIPDIS 
 
 
NSC FOR CBARTON 
USCINCSO ALSO FOR POLAD 
USAID DCHA/OTI FOR RPORTER 
 
E.O. 12958: DECL: 11/28/2013 
TAGS: PGOV, PHUM, KDEM, VE 
SUBJECT: SUPREME COURT LAW REEMERGES 
 
REF: A. 2003 CARACAS 03406 
 
     B. 2003 CARACAS 01852 
     C. CARACAS 01267 
 
Classified By: Abelardo A. Arias, Political Counselor, for reasons 1.4 
(B) and (D) 
 
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Summary 
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1. (U) Pro-GOV National Assembly (AN) deputies reestablished 
the Supreme Court Law as a legislative priority April 15, 
after the bill laid dormant since 2003.  The Constitutional 
Chamber of the Supreme Court removed potential legal 
roadblocks to the bill with a 3 to 2 January 26 ruling 
asserting the AN could pass the law with a simply majority. 
The law would expand the court from 20 to 32 members and 
allow new justices to be approved by a simple NA majority, 
leading to charges of GOV court packing.  Opposition 
legislators continue a strategy of delay and filibuster that 
began in August, 2003.  End Summary. 
 
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Supreme Court Law: From Backburner to Full Throttle 
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2. (U) After placing the Supreme Court Law on the backburner 
since last year, the pro-GOV Bloque de Cambio of National 
Assembly (AN) legislators vigorously resumed attempts to pass 
it April 15.  The Bloque de Cambio approved four articles 
during 16 hours of debate that concluded at 8 a.m. April 16, 
and has continued to debate the bill, albeit with turtle's 
progress, in lengthy session April 20.  The Assembly has 
approved 14 of the bill's 29 articles have since debate began 
last August due to opposition delay tactics. 
 
3. (C) AN Deputy Leopoldo Martinez told poloffs April 15 that 
he suspects the pro-GoV effort is timed to intimidate Supreme 
Court (TSJ) justices who are considering the validity of 
signatures gathered to convoke a recall referendum on 
President Hugo Chavez (ref c).  He claimed before April 15 
pro-GOV legislators seemed content to postpone the bill's 
passage pending a clear result to the recall question, but 
now "Chavez is cracking the whip."  He claimed Chavez is 
playing an "all or nothing game" that could backfire as 
justices react defensively to the not-so-subtle bullying. 
 
4. (C) Martinez predicted the pro-Chavez coalition known as 
the Bloque de Cambio could pass the bill in less than a month 
without changing debating rules as they have done in the 
past, by passing marathon session extensions and ignoring 
other pending legislation.  COPEI SecGen Cesar Perez Vivas 
told poloff March 9 that the opposition could stall the bill 
until after August.  The opposition deputies have also set up 
a "duty roster" to ensure they have votes on hand for the 
procedural votes to delay action. 
 
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SUPREME COURT FACILITATE PASSAGE OF SUPREME COURT LAW 
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5. (U) The Venezuelan Supreme Court (TSJ) released a ruling 
January 26 clarifying that only a simple majority vote is 
needed to pass the controversial Supreme Court Law in the 
National Assembly (NA).  The Court's five-member 
Constitutional Chamber ruled 3-2 that the 1999 Constitution 
did not require a two-thirds majority vote for an organic law 
that modifies an existing organic law.  They argued the new 
1999 constitution only requires a two-thirds majority to 
approve all new organic laws. 
 
6. (U) The decision generated public criticism from 
opposition leaders and current and former members of the 
Supreme Court.  Justices Antonio Garcia and Pedro Rondon, who 
voted against the decision, argued that because the proposed 
law is a replacement for the existing Supreme Court Law, 
which preexists the 1999 Constitution, it should not be 
considered "new" nor be subject to the Constitution's simple 
majority stipulation for "new" laws.  Additionally, they 
claim the ruling destroys the organic designation, a valuable 
legal tradition that protects institutions from political 
tinkering with the stricter two-thirds requirement.  Garcia 
said the ruling gave the assembly a "blank check" to 
 
influence government institutions because the new voting 
standard is a majority of legislators present.  Because a 
quorum consists of 84 deputies, Garcia asserted, the law 
could be passed with the support of 43 legislators, or 25 
percent of the 165-person Assembly. 
 
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Still Waiting For Rule Changing Session 
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7. (C) To expedite the law's passage, the Bloque de Cambio 
has threatened to speed the process by changing internal NA 
rules, a maneuver they have used six times in the past four 
years.  Opposition legislators warn the new proposed changes, 
including temporary suspensions of deputies for disrupting 
sessions, would make the assembly a rubber stamp for 
President Hugo Chavez and violate their democratic rights to 
participation.  Bloque de Cambio legislators argue that the 
opposition shouldn't be allowed to block their initiatives 
indefinitely with stalling tactics. 
 
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Law Would Change Court Composition 
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9. (U) The Supreme Court law, a legislative priority for the 
Chavez government, would expand the court from 20 to 32 
members and allow new justices to be approved by a simple AN 
majority. The current justices were elected by a two-thirds 
majority.  Bloque de Cambio legislators have been trying to 
pass the law from the Assembly floor since August 2002, but 
opposition delaying tactics have minimized GOV progress to an 
average of two articles per session (ref a).  Opposition 
deputies fear the law would allow the Bloque de Cambio's slim 
majority to pack the court with pro-GOV justices.  Bloque de 
Cambio legislators argue more justices are needed for the 
increased workload the Court would receive under the law. 
 
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Comment 
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10. (C) The TSJ Law would give Chavez a stranglehold over the 
judicial branch, as the TSJ is also tasked with appointing 
subordinate judges.  It has been a priority for the National 
Assembly's pro-Chavez majority for some time.  Opposition 
deputies have not made it easy for the Chavistas to make 
progress on the legislation, but theirs is a losing battle. 
The Supreme Court decision clinched passage of the bill for 
Chavez, and it is only a matter of time before greater 
control of the judiciary is his. 
SHAPIRO 
 
 
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      2004CARACA01348 - CONFIDENTIAL