US embassy cable - 04CARACAS1994

C O N F I D E N T I A L CARACAS 001994 
 
SIPDIS 
 
 
NSC FOR CBARTON 
    HQ USSOUTHCOM ALSO FOR POLAD 
UNSID DCHA/OTI FOR RPORTER 
 
E.O. 12958: DECL: 05/25/2014 
TAGS: PHUM, PGOV, VE 
SUBJECT: UPDATE ON CONDITION OF POLITICAL PRISONERS 
 
 
CLASSIFIED BY: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASONS 1.4 (D 
) 
 
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SUMMARY 
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1.  (U) VENEZUELA'S SUPREME COURT (TSJ) COURT RULED JUNE 10 
THAT THE NINE PERSONS DETAINED IN TACHIRA FOR THE PAST YEAR 
ON CHARGES OF REBELLION SHOULD NOT BE FREED FROM PRISON 
PENDING TRIAL, AND ORDERED THE TRIAL JUDGE TO BEGIN THE TRIAL 
WITHIN EIGHT DAYS. DISIP (POLITICAL POLICE) AGENTS 
TRANSPORTED GEN. CARLOS ALFONZO MARTINEZ, WHO HAS BEEN IN 
CUSTODY AWAITING TRIAL FOR 18 MONTHS, TO THE HOSPITAL JUNE 14 
SO DOCTORS COULD EVALUATE HIS OSTEOPOROSIS AND GASTRIC 
PROBLEMS. THE NATIONAL GUARD HAD REFUSED TO OBEY THE COURT 
ORDER EARLIER, SAYING IT DID NOT HAVE RESOURCES AT ITS 
DISPOSAL AT THE TIME. END SUMMARY 
 
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TACHIRA 9 
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2.  (U) THE PENAL CHAMBER OF THE SUPREME COURT (TSJ) RULED 
    JUNE 10 THAT THE NINE PEOPLE DETAINED IN SANTA ANA PRISON IN 
TACHIRA FOR THE PAST YEAR SHOULD NOT BE FREED FROM PRISON 
PENDING TRIAL. LAWYERS FOR THE NINE ASKED THE COURT TO FREE 
THEM DUE TO THE ALLEGEDLY UNJUSTIFIED DELAY IN THE TRIAL BY 
TRIAL JUDGE GERSON NINO. THE NINE ARE ACCUSED OF CIVIL 
REBELLION FOR THE EVENTS OF APRIL 11, 2002 IN TACHIRA. THE 
COURT DID ORDER NINO TO BEGIN THE TRIAL WITHIN EIGHT DAYS. 
 
3.  (U) SUPPORTERS OF THE NINE DETAINEES CLAIMED IN PRESS 
REPORTS THAT JUDGE NINO IS AN ALLY OF THE GOV, AND THUS COULD 
NOT PRESIDE OVER A FAIR TRIAL. THEY ALSO COMPLAINED OF 
HARASSMENT OF THE DETAINEES AND THEIR FAMILIES ON ORDERS OF 
TACHIRA GOVERNOR RONALD BLANCO LA CRUZ (MOVIMIENTO QUINTA 
REPUBLICA). SAN CRISTOBAL MUNICIPAL COUNCILMAN WILFRIDO TOVAR 
ALLEGED THAT THE DETAINEES' WERE BEING UNDULY HARASSED WITH 
CELL SEARCHES, SOME 100 TIMES IN THE LAST YEAR. FAMILY 
MEMBERS ALSO ALLEGED THE DETAINEES HAD BEEN DENIED MEDICAL 
TREATMENT WHICH HAD PUT THEIR LIVES IN JEOPARDY. 
SPECIFICALLY, THE WIFE OF ONE OF THE DETAINEES ALLEGED THAT 
THE AUTHORITIES DELAYED HER HUSBAND'S APPENDIX OPERATION. 
 
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GENERAL MARTINEZ 
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4. (U) AGENTS OF THE DISIP (POLITICAL POLICE) TRANSPORTED 
GEN. ALFONZO MARTINEZ TO  A CARACAS HOSPITAL ON JUNE 14 TO BE 
EXAMINED FOR OSTEOPOROSIS, GASTRIC AND RESPIRATORY PROBLEMS. 
A JUDGE HAD AUTHORIZED THE TRANSFER JUNE 7, BUT THE NATIONAL 
GUARD (GN) HAD REFUSED TO CARRY IT OUT, CITING LACK OF 
RESOURCES (NOTE: THE GN FREQUENTLY REFUSES JUDGES' ORDERS TO 
    TRANSFER PRISONERS.) GEN. MARTINEZ FACES CHARGES OF 
INSTIGATING REBELLION, AND HAS BEEN DETAINED SINCE DECEMBER 
30, 2002. 
 
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COMMENT 
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5.  (C) IN THE ABOVE CASES, PROSECUTORS AND JUDGES HAVE USED 
ADMINISTRATIVE PROVISIONS TO DETAIN POLITICAL SUSPECTS WITH 
RELATIVELY WEAK EVIDENCE, AND THEN KEEP THEM DETAINED FOR 
LONG PERIODS OF TIME WHILE DELAYING TRIALS. NOT ONE OF THE 
POLITICAL CASES BEGUN SINCE THE NATIONAL STRIKE OF 2002 HAS 
BEEN BROUGHT TO TRIAL. LONG PRE-TRIAL PERIODS OF DETENTION 
ARE NOT UNUSUAL IN VENEZUELA, DUE TO FACTORS SUCH AS THE 
REFUSAL OF THE GN TO TRANSPORT DETAINEES. ASSUMING THAT THE 
OBJECT OF THE POLITICAL CASES CURRENTLY UNDERWAY IS TO 
INTIMIDATE OPPONENTS WITH THE PROSPECT OF LONG PERIODS IN 
JAIL, THE TACHIRA/MARTINEZ MODEL MAY BE APPLIED TO OTHER 
POLITICAL CASES IN THE FUTURE. 
SHAPIRO 
 
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      2004CARACA01994 - CONFIDENTIAL