US embassy cable - 04CARACAS2078

C O N F I D E N T I A L  CARACAS 002078 
 
SIPDIS 
 
 
NSC FOR CBARTON 
HQ USSOUTHCOM ALSO FOR POLAD 
USAID DCHA/OTI FOR RPORTER 
 
E.O. 12958: DECL: 06/18/2014 
TAGS: PGOV, KDEM, VE 
SUBJECT: CHAVISTA LEGISLATORS FIRE OPPOSITION SUPREME COURT 
JUSTICE 
 
 
Classified By: A/POLITICAL COUNSELOR MARK WELLS FOR REASONS 1.4 (d) 
 
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SUMMARY 
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1. (U) The National Assembly (NA) removed Supreme Court (TSJ) 
Vice President Franklin Arriechi Gutierrez June 16. The 
Chavista-controlled NA used the power given them by the new 
TSJ law to remove judges with a simple majority vote in some 
 
SIPDIS 
situations. Arriechi, known to oppose Chavez, will be 
replaced as TSJ VP by a Chavez supporter. Judge Arriechi has 
requested that the Constitutional Chamber suspend the action. 
The NA also solicited that the Moral Council (Attorney 
General, Controller General, Human Rights Ombudsman acting 
together) open investigations of Justices Alberto Martini 
Urdaneta and Pedro Rondon Haaz, which could lead to their 
indefinite suspension under the new law. End summary. 
 
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Arriechi Fired 
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2.  (C) The National Assembly (NA) voted June 16 to remove 
Supreme Court (TSJ) Vice President Franklin Arriechi 
Gutierrez (Civil Chamber) from the court. The new Organic Law 
of the Supreme Court gives the NA power to annul the 
appointment of Supreme Court judges in certain circumstances 
with a simple majority vote. One of the specific 
circumstances mentioned is the presenting of false 
credentials to the Nominating Committee, which Arriechi 
apparently did when he was nominated to the court. (Note: 
Arriechi falsely claimed to have been a professor at the 
Andres Bello law school, and to have a doctorate.) Arriechi 
has appealed to the Constitutional Chamber to suspend the 
measure, as it did after a similar attempt to remove Arriechi 
in December 2002. (Note: The charges against Arriechi were 
raised by the opposition when he was named in 2000, but the 
pro-Chavez majority in the NA pushed him through anyway.) 
 
3.  (C) Arriechi is a major target of the Chavistas because 
he wrote the decision for the full court (Plenary Chamber) 
absolving the military officers involved in the April 11, 
2002 events. He serves as the Vice President of the full 
court, leading the anti-Chavez judges. If he is removed, his 
position in the Civil Chamber will be taken by Tulio Alvarez 
Ledo, who is pro-opposition. His job as TSJ VP, however, will 
be filled by Omar Mora (Social Chamber), a firm Chavez ally. 
PolOff spoke to TSJ Judge Alberto Martini Urdaneta (Electoral 
Chamber) June 17. Martini reported that the rumor in the TSJ 
is that TSJ President Ivan Rincon will not accept Arriechi's 
appeal. Martini called Mora a "taliban," who would likely 
become TSJ president after Rincon retires. 
 
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More Justices to Go? 
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4.  (C) The NA also requested June 16 that the Moral Council 
(Attorney General, Controller General, Human Rights Ombudsman 
acting together) investigate Martini and Judge Pedro Rondon 
Haaz (Constitutional Chamber) to see if there are grounds for 
their removal. The Moral Council has the power under the new 
TSJ law to suspend TSJ judges indefinitely pending a 
 
SIPDIS 
two-thirds vote of the NA in favor or against permanently 
removing them (Note: With the current alignment of forces in 
the NA getting a two-thirds vote is impossible, making such a 
suspension virtually permanent.) Martini told PolOff that the 
grounds for the cases are specious, but said he expects he 
will be removed, because of the importance the GOV gives to 
controlling the Electoral Chamber prior the recall 
referendum. He said that while the first alternate in the 
Electoral Chamber is pro-opposition, Martini believes his 
replacement will be one of the other pro-Chavez alternates. 
Martini said that after he, and possibly Rondon, were removed 
from the court, the Constitutional Chamber would find the 
suspension power of the Moral Council unconstitutional. He 
 
 
did not believe that he or Rondon would be able to return to 
the court after such a ruling, however. (Note: The Moral 
Council did accuse Martini and the two other Electoral 
Chamber justices of a "grave offense" June 18 for the 
Electoral Chamber's March ruling validating the assisted 
signatures in the referendum drive. The investigation began 
before the new TSJ law was passed, and Martini told PolOff 
that he did not expect to be suspended for this case, because 
it was ex-post facto.) 
 
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Control of Penal Chamber 
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5.  (C) Martini told PolOff that opposition TSJ Judge Rafael 
Perez Perdomo (Penal Chamber) plans to retire soon. Perez is 
part of a two-to-one opposition majority in the Penal 
Chamber, which oversees the criminal court system. The first 
alternate judge in the chamber is Julio Elias Mayaudon, 
identified with the opposition. Martini said pro-Chavez Judge 
Alejandro Angulo Fontiveros (Penal Chamber) plans to go on 
vacation just before Perez leaves, thus forcing Mayaudon to 
occupy his position for one week, and leaving Perez' 
permanent seat to one of the other two pro-Chavez alternates, 
thus giving pro-Chavez judges control of the Penal Chamber. 
 
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Nomination Committees 
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6.  (C) The NA named the nominating committee June 17 which 
will in turn name the twelve new TSJ judges. The committee 
currently consists of five pro-Chavez deputies (four from 
Movimiento Quinta Republica, and one from Podemos). These 
deputies are joined by six citizens chosen by the pro-Chavez 
deputies. NA President Francisco Ameliach told the press June 
18, after swearing in the committee, that the new TSJ judges 
would be designated by August 20 at the latest. The 
opposition has refused to participate in the committee 
because it does not recognize the TSJ law, which opposition 
leaders have asserted is unconstitutional. Martini said 
Rincon had told the TSJ judges that the nominating committee 
structure in the TSJ law would be found unconstitutional by 
the Constitutional Chamber. 
 
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Future of TSJ 
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7.  (C) Asked about the future of the TSJ law, Martini did 
not believe Rincon would find it unconstitutional, or prevent 
the nomination of the new justices. He thought a successful 
referendum was the only way the judicial system could be 
rescued from the control of the executive and legislative 
branches. He noted the complete control of the pro-Chavez 
judges over the TSJ's Judicial Committee, which controls the 
nominating and firing of untenured lower court judges. 
 
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Arriechi Speaks 
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8.  (C) Arriechi spoke to PolOff at a lunch hosted by PAO 
June 23. Arriechi said he would resist the NA's attempt to 
remove him, and continue to work, though he knew the TSJ 
would eventually prohibit him from entering the building. He 
did not think there was any possibility that the pro-Chavez 
judges on the TSJ would break with Chavez, describing them as 
a collection of self declared communists, thieves, and true 
believers. He also said Rincon and the pro-Chavez judges on 
the TSJ are already treating Martini and two other judges in 
the Electoral Chamber as if they were suspended, despite 
Martini's objections on procedural grounds. 
 
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Comment 
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9.  (C) The NA is moving quickly to seize control of the 
court prior to the referendum. The naming of the 12 new 
judges may be subject to delay in the NA, so they are using 
the annulment and suspension powers to quickly remove leading 
opposition justices and seize control of critical chambers. 
Rincon apparently will be selective about striking down 
unfavorable aspects of the law. The fact that the TSJ 
controls the naming and disciplining of the 80% of Venezuelan 
judges who do not have permanent appointments means that 
changes in the TSJ reverberate throughout the judicial 
system. The NA is sending a clear message to the TSJ and the 
judiciary in general: if you are not with the process, you 
have no future here. 
SHAPIRO 
 
 
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      2004CARACA02078 - CONFIDENTIAL