US embassy cable - 04CARACAS1910

C O N F I D E N T I A L CARACAS 001910 
 
SIPDIS 
 
 
NSC FOR CBARTON 
USCINCSO ALSO FOR POLAD 
USAID DCHA/OTI FOR RPORTER 
 
E.O. 12958: DECL: 05/27/2014 
TAGS: PGOV, KDEM, VE 
SUBJECT: RETIRED GENERAL ARRESTED FOR DEFAMING MILITARY 
 
 
CLASSIFIED BY: ABELARDO A. ARIAS, POLITICAL COUNSELOR, FOR REASONS 1.4 
(D) 
 
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SUMMARY 
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1.  (U)  ON MAY 22 THE NATIONAL GUARD AND DIRECTORATE FOR 
MILITARY INTELLIGENCE ARRESTED FORMER FINANCE MINISTER, 
BRIGADIER GENERAL FRANCISCO USON RAMIREZ_ FOR "DEFAMING" THE 
MILITARY.  GENERAL USON HAS BEEN AN OPEN SUPPORTER OF THE 
POLITICAL OPPOSITION TO PRESIDENT CHAVEZ AND RECENTLY 
CRITICIZED THE ARMY'S HANDLING OF THE FIRE MARCH 30 AT FUERTE 
MARA WHERE TWO SOLDIERS DIED.  THE GOV INSISTS THAT GENERAL 
USON SHOULD BE TRIED IN A MILITARY COURT, WHILE SEVERAL 
MILITARY JUDGES AND USON,S LAWYERS HAVE INSISTED THAT THE 
CASE SHOULD BE REFERRED TO A CIVIL COURT.  THE GOV ALSO HAS 
REMOVED ONE OF THE MILITARY JUDGES THAT HAVE REFUSED TO HEAR 
USON,S CASE. USON'S ARREST IS A CLEAR WARNING TO OTHER 
RETIRED AND ACTIVE DUTY PERSONNEL.  THIS ARREST WAS ARBITRARY 
AND POLITICALLY MOTIVATED.  GENERAL USON IS A POLITICAL 
PRISONER.  END SUMMARY. 
 
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CHARGED AND DETAINED 
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2.  (U)  FOLLOWING THE RELEASE OF A DETENTION ORDER ON MAY 
21, THE NATIONAL GUARD AND DIRECTORATE FOR MILITARY 
    INTELLIGENCE (DIM) DETAINED FORMER FINANCE MINISTER, 
BRIGADIER GENERAL FRANCISCO USON RAMIREZ_ ON MAY 22 FOR 
"DEFAMING" THE MILITARY. USON HAD PUBLICLY ASSERTED THAT THE 
MARCH 30 FIRE AT FUERTE MARA, IN WHICH EIGHT DETAINED 
SOLDIERS WERE BADLY BURNED, TWO OF WHOM LATER DIED, WAS NOT 
AN ACCIDENT, BUT WAS INTENTIONALLY STARTED FROM OUTSIDE THE 
CELL.  THE GOV AND NATIONAL ARMED FORCES (FAN) CONDEMNED AND 
REJECTED THIS STATEMENT AND CHARGED USON OFFICIALLY WITH 
DEFAMATION OF THE MILITARY.  THE NATIONAL GUARD AND DIM TOOK 
USON INTO CUSTODY AT THE AIRPORT IN PUERTO ORDAZ, BOLIVAR 
STATE, WHERE HE WAS REPORTEDLY EN ROUTE TO AN OPPOSITION 
TRAINING SEMINAR.  SEVERAL ORGANIZATIONS, INCLUDING THE CIVIL 
MILITARY ALLIANCE OF VENEZUELA, HAVE DENOUNCED THE DETENTION 
OF GENERAL USON AS A POLITICALLY MOTIVATED ACT OF 
INTIMIDATION AGAINST THE OPPOSITION. 
 
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JUDICIAL WRANGLING 
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3.  (U)  THE ACTUAL JURISDICTION OF THE CASE HAS BEEN A 
SOURCE OF CONTROVERSY.  THE GOV CONTENDED THAT USON,S CASE 
SHOULD BE TRIED AS A COURT MARTIAL IN A MILITARY TRIBUNAL DUE 
TO HIS RANK AS A GENERAL.  USON,S LAWYERS, GUSTAVO PARILLI 
AND GONZALO HIMIOB, HAVE ASSERTED THAT IN ACCORDANCE WITH THE 
1999 CONSTITUTION, THE CHARGES BEING BROUGHT AGAINST GENERAL 
USON FALL UNDER THE JURISDICTION OF THE CIVIL COURT SYSTEM. 
USON,S CASE HAS BEEN BROUGHT BEFORE SEVERAL MILITARY JUDGES, 
SOME OF WHOM HAVE DECLARED THAT THE CASE SHOULD BE TRIED 
BEFORE A CIVIL COURT.  THE MINISTRY OF DEFENSE REMOVED ONE OF 
THE MILITARY JUDGES THAT HAVE REFUSED TO HEAR USON,S CASE 
    FROM THEIR POSITIONS.  USON REMAINS IMPRISONED IN MILITARY 
DETENTION CENTER IN CARACAS WHILE THE LEGAL WRANGLING OF HIS 
CASE CONTINUES. 
 
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COMMENT 
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4.  (C)  THE CHARGE OF "VILIPENDIO" (DEFAMING AN INSTITUTION) 
IS THE CHARGE THAT DICTATORSHIPS IN CHILE, URUGUAY AND 
ARGENTINA USED AGAINST THEIR POLITICAL OPPONENTS.  APART FROM 
THE METAPHYSICAL QUESTION OF HOW ONE COULD DEFAME AN 
INSTITUTION, THIS CASE IS ARBITRARY AND POLITICALLY 
MOTIVATED.  FRANCISCO USON IS A POLITICAL PRISONER. 
SHAPIRO 
 
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      2004CARACA01910 - CONFIDENTIAL