US embassy cable - 04CARACAS1553

C O N F I D E N T I A L CARACAS 001553 
 
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: LIEUTENANTS DETAINED IN SOLDIER'S DEATH 
 
 
CLASSIFIED BY: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASONS 1.4 (D 
) 

------- 
SUMMARY 
------- 
 
1. (U) FOUR MEMBERS OF THE MILITARY WERE DETAINED APRIL 28 IN 
CONNECTION WITH THE MARCH 5 DEATH OF THE SOLDIER ROBERT 
AGUILAR AT SOCUAVO MILITARY BASE IN ZULIA STATE.   AGUILAR'S 
FAMILY CLAIMS HE DROWNED AFTER SUPERIOR OFFICERS PUT HIM IN A 
TANK OF SEWAGE AS PUNISHMENT.  DEFENSE MINISTER GEN. JORGE 
LUIS GARCIA CARNEIRO DENIED THAT AGUILAR WAS BEING PUNISHED, 
ASSERTING THAT OFFICERS CAUSED HIS DEATH WHEN THEY FAILED TO 
FOLLOW STANDARD PROCEDURES DURING SWIMMING PRACTICE. 
MILITARY AUTHORITIES ARE ALSO INVESTIGATING THE DEATH OF THE 
SOLDIER JOHN KERVIN DURAN FEBRUARY 27 AT FORT TIUNA IN 
CARACAS.  DURAN REPORTEDLY DIED AFTER SEVERAL UNEXPLAINED 
TRIPS TO THE HOSPITAL, AND HIS FAMILY WAS NOT PERMITTED TO 
SEE HIS BODY.  ARMY COMMANDER GEN. RAUL BADUEL TOLD THE PRESS 
APRIL 24 THAT IT IS "STRANGE" THAT DURAN'S FAMILY WAITED TWO 
MONTHS TO ACCUSE THE MILITARY OF CAUSING HIS DEATH. 
INVESTIGATIONS OF BOTH DEATHS CONTINUE.  END SUMMARY. 
 
2. (U) ARMY SOLDIER ROBERT AGUILAR DROWNED MARCH 5 AT SOCUAVO 
MILITARY BASE IN ZULIA STATE.  FOUR MEMBERS OF THE MILITARY, 
INCLUDING SECOND LTS. OSCAR DANIEL GUEDEZ AND JOSE LUIS 
UZCATEGUI, WERE DETAINED APRIL 28 IN CONNECTION WITH THE 
DROWNING.  THE OFFICERS FACE CHARGES OF QUALIFIED HOMICIDE, 
ABUSE OF AUTHORITY, DISOBEDIENCE, AND CAUSING INJURY TO A 
FELLOW SOLDIER.  AGUILAR'S FATHER TOLD THE PRESS APRIL 21 
THAT TWO OFFICERS FROM THE BASE BROUGHT HIS SON'S BODY TO 
HIM, SAYING THAT HE HAD DROWNED ACCIDENTALLY DURING SWIMMING 
    PRACTICE AND THREATENING THE FATHER AND HIS OTHER SON IF THEY 
FILED A COMPLAINT.  THE FATHER CHARGED THAT AGUILAR, WHO 
COULD NOT SWIM, HAD DROWNED AFTER GUEDEZ AND UZCATEGUI PLACED 
HIM IN A TANK OF SEWAGE AS PUNISHMENT FOR SLEEPING ON DUTY. 
 
3. (U) DENYING THAT AGUILAR DIED WHILE BEING PUNISHED, 
DEFENSE MINISTER GEN. JORGE LUIS GARCIA CARNEIRO SAID APRIL 
23 THAT THE PRELIMINARY INVESTIGATION SUGGESTED THAT 
AGUILAR'S COMMANDING OFFICERS EXHIBITED "IMPRUDENCE" WHEN 
THEY FAILED TO FOLLOW STANDARD PROCEDURES DURING A SWIMMING 
PRACTICE.  GARCIA CARNEIRO SAID THAT THOSE OFFICERS WOULD BE 
DISCIPLINED, AND THAT A MILITARY TRIBUNAL WOULD RULE ON THE 
MATTER SHORTLY.  THE ZULIA STATE PROSECUTOR'S OFFICE HAS 
FILED A MOTION FOR THE CASE TO BE TRIED IN CIVILIAN COURT. 
 
4. (U) ON FEBRUARY 27, SOLDIER JOHN KERVIN DURAN DIED AT FORT 
TIUNA IN CARACAS, REPORTEDLY AFTER SEVERAL UNEXPLAINED TRIPS 
TO THE HOSPITAL.  SPEAKING TO REPORTERS, ONE RELATIVE CLAIMED 
TO HAVE SEEN BRUISES ON DURAN'S FACE AND UPPER BODY, THOUGH 
THE AUTOPSY INDICATED NO INTERNAL OR EXTERNAL INJURIES.  THE 
REST OF THE FAMILY WAS UNABLE TO SEE THE BODY BECAUSE THE 
HOSPITAL HAD BEEN PLACED UNDER QUARANTINE, ACCORDING TO NEWS 
REPORTS.  ARMY COMMANDER GEN. RAUL BADUEL CAST DOUBT ON THE 
CREDIBILITY OF THE DURAN FAMILY'S CLAIMS, BECAUSE THEY HAD 
WAITED "ALMOST TWO MONTHS AFTER THE FACT" TO QUESTION THE 
CIRCUMSTANCES OF HIS DEATH.  GEN. BADUEL IMPLIED THAT THEY 
WERE ALLOWING THEMSELVES TO BE USED BY THE GOV'S ENEMIES. 
THE FAMILY EXPRESSED ITS CONCERNS ON THE MILITARY'S HANDLING 
OF DURAN'S CASE TO THE PRIVATE TV BROADCASTER GLOBOVISION 
APRIL 23.  SPEAKING TO THE PRESS APRIL 24, BADUEL INSISTED 
THAT "THE ARMED FORCES ARE NOT CONCEALING IMPROPER ACTS." 

------- 
COMMENT 
------- 
 
5. (C) GEN. BADUEL'S ASSURANCES NOTWITHSTANDING, THE MILITARY 
IS TRYING TO CONCEAL ITS MISDEEDS AND SENDING THE MESSAGE 
THAT THE PHYSICAL ABUSE OF SUBORDINATES BY OFFICERS IS 
NORMAL.  SUCH ABUSE HAS BEEN A COMMON PRACTICE IN THE 
MILITARY BUT RECEIVED LITTLE ATTENTION UNTIL THE OPPOSITION 
REALIZED ITS POTENTIAL AS A POLITICAL WEAPON.  A RECENT 
EXCEPTION WAS THE CASE OF ARMY LT. ALESSANDRO SICCAT, NOTED 
IN OUR ANNUAL REPORT ON HUMAN RIGHTS PRACTICES.  SICCAT WAS 
CONVICTED BY A CIVILIAN COURT FOR THE JANUARY 2001 BURNING 
AND MURDER OF AN ALLEGEDLY DISOBEDIENT SOLDIER. 
SHAPIRO 
 
NNNN 
      2004CARACA01553 - CONFIDENTIAL