US embassy cable - 04CARACAS2130

C O N F I D E N T I A L CARACAS 002130 
 
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: MAYOR CAPRILES FORMALLY CHARGED IN CUBAN EMBASSY 
SIEGE 
 
 
CLASSIFIED BY: ACTING POLITICAL COUNSELOR MARK WELL FOR REASONS 1.4 (D) 
 
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SUMMARY 
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1.  (C)  ON JUNE 25, PRO-GOV PROSECUTOR DANILO ANDERSON FILED 
FORMAL CHARGES AGAINST FORMER MAYOR OF BARUTA MUNICIPALITY 
HENRIQUE RODONSKI CAPRILES FOR HIS ALLEGED ROLE IN THE APRIL 
12, 2002 SIEGE OF THE CUBAN EMBASSY IN CARACAS.  CAPRILES 
CONTINUES TO BE DETAINED WITHOUT BAIL.  THIS CASE IS AN 
EXAMPLE OF POLITICAL PERSECUTION VIA THE JUDICIAL SYSTEM. 
END SUMMARY. 
 
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PRESENTATION OF CHARGES 
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2.  (U)  ON JUNE 25, PRO-GOV PROSECUTOR DANILO ANDERSON 
FORMALLY PRESENTED CHARGES AGAINST FORMER BARUTA MAYOR 
HENRIQUE CAPRILES RODONSKI.  THE SIX CHARGES PRESENTED 
AGAINST CAPRILES, INCLUDING VIOLATION OF THE VIENNA 
CONVENTION, ALL RELATE TO THE APRIL 12, 2002 SIEGE AGAINST 
THE CUBAN EMBASSY IN CARACAS.  FOLLOWING THE PRESENTATION OF 
CHARGES, THE JUDGE PRESIDING OVER THE CASE GRANTED THE 
PROSECUTION'S REQUEST THAT CAPRILES BE DETAINED WITHOUT BAIL 
    FOR THE DURATION OF THE CASE.  CAPRILES' LAWYER IS SEEKING TO 
HAVE THE JUDGE'S ORDER REDUCED TO HOUSE ARREST INSTEAD OF 
DETENTION AT DISIP HEADQUARTERS.  CAPRILES WAS TAKEN INTO 
CUSTODY ON MAY 11. 
 
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CLAIMS OF CORRUPTION 
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3.  (U)  CAPRILES' LAWYER, JUAN MARTIN ECHEVERRIA, ATTACKED 
THE PROSECUTION'S CASE, NOTING THAT ANDERSON HAD 
INTENTIONALLY LEFT OUT SOME EVIDENCE.  FOR EXAMPLE, THE CASE 
FILE INCLUDES A DOCUMENTARY PRODUCED BY THE CUBAN GOVERNMENT 
CONCERNING THE EVENTS AT THE EMBASSY, BUT EXCLUDES WELL-KNOWN 
VENEVISION FOOTAGE SHOWING CAPRILES INSIDE THE EMBASSY CALMLY 
DISCUSSING THE WELL BEING OF THE STAFF WITH THE CUBAN 
AMBASSADOR. 
 
4.  (C) ECHEVERRIA TOLD POLOFF JUNE 28 THAT JUDGE MARIA 
TERESA GOMEZ NIEVES, INITIALLY APPOINTED TO PRESIDE OVER 
CAPRILES, CASE, HAD OFFERED TO DISMISS ALL CHARGES FOR A 
BRIBE OF $100,000.  ACCORDING TO ECHEVERRIA, SHORTLY AFTER HE 
REFUSED TO PAY THE BRIBE, GOMEZ NIEVES DISMISSED HERSELF FROM 
THE CASE AND WAS REPLACED BY CHAVEZ LOYALIST, REGINO COVA. 
 
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COMMENT 
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5.  (C)  THE CAPRILES CASE CONTINUES TO BE RUN BY POLITICS. 
WE HAVE HEARD SPECULATION THAT SOME CHAVEZ ARE SEEKING 
    REVENGE AGAINST CAPRILES FOR ACTIONS HE TOOK AGAINST THE GOV 
IN APRIL 2002.  IT IS ALSO NOT A COINCIDENCE THAT CAPRILES IS 
A MEMBER OF THE PRIMERO JUSTICIA PARTY, WHICH IS POSITIONING 
ITSELF FOR FUTURE LEADERSHIP AND ENJOYING SOME SUPPORT IN THE 
POLLS.  IN ANY EVENT, THE CAPRILES CASE CONTINUES TO BE 
VENEZUELA'S MOST HIGH PROFILE POLITICAL PRISONER. 
SHAPIRO 
 
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      2004CARACA02130 - CONFIDENTIAL