US embassy cable - 04CARACAS1740

C O N F I D E N T I A L  CARACAS 001740 
 
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: VENEZUELA'S DETENTIONS RECORD: POLITICALLY 
MOTIVATED? 
 
REF: A) CARACAS 00950 B) 03 CARACAS 3161 C) 03 
     CARACAS 2032 
 
Classified By: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASONS 1.4 (B 
) AND (D) 
 
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SUMMARY 
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1. (C) More than 400 persons detained during the February 
27-March 5 political disturbances have been released, but 
many still face pending charges.  Since December 2002, the 
detention, or threatened detention, of individuals aligned 
with the opposition has increased.  Some of the persons 
detained in connection with the events of April 11, 2002 are 
either still jailed, facing pending charges, or expecting to 
be charged shortly.  Opposition leaders accuse the GOV of 
using detentions to distract and intimidate them as they seek 
to focus on a peaceful, electoral solution to Venezuela's 
political impasse.  End Summary. 
 
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Prisoners Freed, But Many Cases Still Open 
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2. (C) The opposition umbrella group Coordinadora Democratica 
(CD) claimed more than 400 Venezuelans were jailed for 
political reasons during the height of the February 27-March 
5 protests, a number confirmed by various international human 
rights organizations.  At least three judges were dismissed 
after they ordered the release of detained protesters for 
lack of evidence to support the charges against them.  The 
head of the CD,s Judicial Committee, D,lsa Solorzano, told 
poloff April 26 that two detainees remain in Caracas.  The 
directors of PROVEA and COFAVIC (human rights NGOs), however, 
told poloffs subsequently that all detainees have been 
released, although most remain under investigation for such 
charges as public damage, resisting arrest, and conspiracy to 
create "catastrophes." 
 
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GOV,s Most Wanted 
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3. (C) In addition to the more than 400 detentions between 
February 29 and March 16, the GOV detained or attempted to 
detain several prominent opposition leaders: Baruta Mayor 
Henrique Capriles on charges stemming back to President Hugo 
Chavez, brief ouster in 2002 (septel), Libertador mayoral 
candidate Carlos Melo on illegal weapons charges, and David 
Rubio, Tachira State,s main CD organizer, for participating 
in a protest.  The GOV also announced in mid-March that it 
was preparing charges against Chacao Mayor Leopoldo Lopez for 
his alleged use of public resources to support dissident 
military officers in late 2002-early 2003. 
 
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Lopez in the Crosshairs 
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4. (U) Chacao Mayor Leopoldo Lopez of the opposition party 
Primero Justicia is under investigation for rebellion, 
instigating unrest, and conspiracy in connection with his 
alleged support of dissident military officers.  Declaring 
themselves in "civil disobedience" to the Chavez Government, 
the military officers had established an oppositional 
presence in Plaza Francia of Chacao Municipality in October 
2002.  The GOV says in essence that Lopez, as mayor, should 
have been more forceful in evicting the demonstrators. 
Lopez, who has not been detained, denies the charges' 
validity and claims they are meant to intimidate him. 
 
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Capriles: Charges Politically Timed 
----------------------------------- 
 
5. (C) On May 11, a second detention order was issued for 
Baruta Municipality Mayor Henrique Capriles of Primero 
Justicia (septel).  He is now in DISIP custody and could 
remain there up to 45 days, according to press reports.  On 
April 1, the Supreme Court struck down the first detention 
order for the mayor, who had been in hiding since that order 
 
 
was issued March 16.  Capriles had earlier sent his attorneys 
to three summons by the prosecutor; chavistas allege that 
Capriles' failure to answer the summons personally explains 
why he is in jail, and Chacao Mayor Lopez is not.  Capriles 
told the Ambassador April 22 that Chavez' control of the 
Attorney General's office allows him to control the timing of 
investigations and arrests, a significant weapon. 
 
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Melo Ambushed 
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6. (C) Shelby Cabezas, aide to Libertador mayoral candidate 
Carlos Melo, alleges that the GOV was forced to dismiss the 
case against his boss April 5 after it was exposed as "a 
complete set-up."  He said Melo was "ambushed" March 1 by 
Venezuelan Political Police (DISIP) at a gas station around 
11 p.m., accused of transporting arms, and jailed the same 
night.  The following day Cabezas retrieved the gas station's 
surveillance tape that contradicted the prosecution's 
assertions that Melo had arms in his car, resisted arrest, 
and was arrested in a different location.  Cabezas asserted 
that the GOV's handling of Melo's case was a tactical error 
that had bolstered Melo in the polls from 4 percent to 45 
percent. 
 
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Rubio: Attempt to &Decapitate8 Tachira Opposition Backfires 
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7. (C) Although Tachira State CD leader David Rubio was 
released from jail April 2, he told poloff April 17 that the 
ruling didn't dismiss the charges against him of rebellion, 
creating a public disturbance, and engaging in a crime. 
Primero Justicia (PJ) Party Finance Coordinator Sergio Mendez 
told poloff April 16 that although the intent in jailing 
Rubio was to &decapitate the Tachira Coordinadora8 to 
ensure the opposition stayed divided in regional elections, 
it failed. 
 
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General Martinez and the Tachira 9 
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8. (U) Dissident National Guard Gen. Carlos Alfonzo Martinez 
remains in custody, more than 16 months since he was detained 
in December 2002.  A small group of opposition demonstrators 
marched to the OAS Caracas office May 6 calling for his 
release and the release of nine opposition leaders in Tachira 
State who were detained in June 2003 on charges stemming back 
to the events of April 11, 2002 (refs A and B).  The DISIP 
detained Gen. Martinez in December 2002 while he was 
participating in an anti-GOV demonstration and placed him 
under house arrest.  In February 2003, the Attorney General 
charged him with rebellion, desertion, and violating national 
security zones.  After eight months of house arrest, Martinez 
was transferred to a military detention facility in Los 
Teques, Miranda State.  Despite 2003 rulings from the Supreme 
Court and the Inter-American Human Rights Court that he 
should be released, Martinez remains in the detention 
facility. 
 
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Comment 
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9. (C) The good news: February 27-March 5 protesters are not 
languishing in jail.  The bad news: The GOV continues to use 
legal charges against its opponents, sapping energy from 
efforts to pursue the presidential recall referendum. 
Despite the GOV's veneer of reasonable legality, however, it 
is not adhering to legal procedures, which makes it difficult 
to view the detentions of political opponents as anything 
other than politically motivated. 
SHAPIRO 
 
 
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      2004CARACA01740 - CONFIDENTIAL