US embassy cable - 04CARACAS2064

C O N F I D E N T I A L  CARACAS 002064 
 
SIPDIS 
 
 
NSC FOR CBARTON 
HQ USSOUTHCOM ALSO FOR POLAD 
USAID DCHA/OTI FOR RPORTER 
 
E.O. 12958: DECL: 05/25/2014 
TAGS: PHUM, PREL, PGOV, VE 
SUBJECT: GOV REACTS HARSHLY TO HRW REPORT ON JUSTICE SYSTEM 
 
 
Classified By: A/POLITICAL COUNSELOR MARK WELLS FOR REASONS 1.4 (d) 
 
------- 
SUMMARY 
------- 
 
1.  (C) Jose Miguel Vivanco, Executive Director of Human 
Rights Watch, released a report in Caracas June 17 strongly 
criticizing Venezuela's new Supreme Court law, and calling 
for implementation of the OAS Democratic Charter if the 
Venezuelan authorities did not act to preserve the balance of 
powers. The GOV reacted harshly to Vivanco's statements, 
accusing him of being a US agent, and the National Assembly 
threatened to declare Vivanco "persona non grata." Vivanco 
later met with the Charge, and discussed the possibility of 
the OAS taking action against Venezuela. End Summary 
 
---------- 
HRW on TSJ 
---------- 
 
2.  (U) Jose Miguel Vivanco, Executive Director of Human 
Rights Watch, released a report in Caracas on June 17 about 
the Venzuelan justice system called "Rigging the Rule of 
Law." The report strongly criticizes the politicization of 
the justice system, and the potentially negative effects of 
the new Organic Law of the Supreme Court (TSJ). The report 
discusses those aspects of the law which HRW alleges will 
erode judicial independence. These include: 
 
-- the naming of 12 more TSJ judges by simple majority vote 
in the National Assembly (NA), which the report calls "court 
packing"; 
 
-- the power given to the Moral Council (Attorney General, 
Controller General, Human Rights Ombudsman acting together) 
to suspend TSJ judges for "grave offenses"; and 
 
-- the right of the NA to annul appointments of TSJ judges 
under certain circumstances. The report argues that these 
potential effects are more serious because of the TSJ's role 
as administrator of the lower courts. 
 
3.  (U) The report also criticizes a series of past problems 
in the justice system, including: 
 
-- the prevalence of untenured judges, hired and fired at 
will by the Judicial Committee of the Supreme Court; 
 
-- the politicization of judicial decisions by supporters of 
President Chavez in the judicial system; 
 
-- the cancellation of a system of exams whereby judges 
gained permanent positions; and 
 
-- the failure of the Supreme Court to review the decision to 
shut down Venezuela's second highest court and remove its 
judges. 
 
------------------- 
HRW Recommendations 
------------------- 
 
4.  (U) The HRW report calls on President Chavez to instruct 
his supporters to suspend implementation of the new TSJ law 
and to modify the new TSJ law so it does not undermine 
judicial independence. The report also advises the TSJ itself 
that it should review the new law with an eye to finding it 
unconstitutional, reactivate the examination system and hire 
permanent judges, cease dismissing judges for political 
reasons, and review the appeals of judges who have been 
dismissed. If the GOV and TSJ fail to act, the HRW report 
calls on international lending agencies to refuse to work 
with the Venezuelan judicial system on any improvement 
projects. The report also calls on the SecGen of the OAS to 
invoke article 18 of the Democratic Charter to begin an 
investigation of the situation in Venezuela. 
 
------------ 
GOV Reaction 
------------ 
 
5.  (U) The GOV reacted with indignation to the HRW report. 
VP Jose Vicente Rangel called Vivanco "a mercenary ... at the 
service of the imperial powers." He also called him a 
"provocateur who doesn't represent anyone." Rangel further 
stated that HRW's statement confirmed that "the real enemy of 
the process of change in Venezuela is George Bush." NA 
President and close Chavez advisor Francisco Ameliach called 
on the NA to declare Vivanco "persona non grata." He said the 
HRW report "practically constitutes a declaration of war," 
and said that when he heard Vivanco speak "my blood boiled." 
The semi-official GOV paper VEA called Vivanco a CIA agent, 
though it offered no proof or explanation. 
 
------------------- 
Meeting with Charge 
------------------- 
 
6.  (C) Vivanco and HRW counsel Daniel Wilkinson attended a 
luncheon hosted by the Charge on June 18. EmbOffs and 
Canadian PolOff also attended. Vivanco discussed the 
possibilities of the OAS taking action against Venezuela for 
undermining judicial independence. He said it seemed the OAS 
was tired of Venezuela, and anxious to bring its presence in 
Venezuela to a close. He was particularly negative about the 
likelihood of Brazil taking a proactive stance, due to its 
long standing status quo foreign policy. Vivanco thought it 
was vital that countries such as the US, Canada, and Mexico 
take a strong stand on this issue in the OAS, since it was 
critical to the future of Venezuelan democracy. The Charge 
pointed out that the USG is extremely concerned about this 
issue, but the OAS is unlikely to take any steps to distract 
attention away from the presidential recall referendum in the 
short term. 
7.  (U) The Washington Post of June 22 contained a synopsis 
of the report as an op-ed co-authored by Vivanco and 
Wilkinson. The full report is available on the HRW web-site, 
at www.hrw.org. 
 
------- 
Comment 
------- 
 
8.  (C) The HRW report is an excellent synthesis of the 
threat facing the Venezuelan justice system, and its 
democracy in general. The harsh and churlish response of GOV 
officials may prevent internal damage among MVR 
unconditionals, but must give international supporters pause 
for thought. Should the referendum fail, the GOV destruction 
of judicial independence, and the likely increase in 
political persecution through the courts, will likely be the 
next big issue. 
 
SHAPIRO 
 
 
NNNN 
 
      2004CARACA02064 - CONFIDENTIAL