US embassy cable - 04CARACAS2146

C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 002146 
 
SIPDIS 
 
 
NSC FOR CBARTON 
    HQ USSOUTHCOM ALSO FOR POLAD 
USAID DCHA/OTI FOR RPORTER 
 
E.O. 12958: DECL: 05/25/2014 
TAGS: PGOV, VE 
SUBJECT: ARRIECHI ACCUSES TSJ JUDGES OF CORRUPTION 
 
REF: CARACAS 02078 
 
CLASSIFIED BY: A/POLITICAL COUNSELOR MARK WELLS FOR REASONS 1.4 (D) 
 
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SUMMARY 
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1.  (C) SUPREME COURT (TSJ) JUDGE FRANKLIN ARRIECHI SPOKE 
WITH PAO AND POLOFF JUNE 23, AFTER BEING REMOVED FROM THE TSJ 
(SEE REFTEL.) ARRIECHI REJECTED THE VALIDITY OF THE NATIONAL 
ASSEMBLY (NA) VOTE TO REMOVE HIM. HE STATED HIS INTENTION TO 
IGNORE THE RULING, AND CONTINUE TO REPORT TO WORK IN ORDER TO 
MAINTAIN HIS RIGHTS IN THE FUTURE. HE SAID THE NA VOTE TO 
REMOVE HIM, AND THE TSJ DECISION WHICH ACCEPTED IT, WERE 
POLITICAL ACTS OF REVENGE AGAINST HIM, AND TO TAKE CONTROL OF 
THE TSJ. ARRIECHI MADE CRITICAL OBSERVATIONS ABOUT THE 
PRO-CHAVEZ JUDGES ON THE TSJ. END SUMMARY. 
 
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ARRIECHI REJECTS REMOVAL 
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2.  (C) SUPREME COURT (TSJ) JUDGE FRANKLIN ARRIECHI, WHO WAS 
    REMOVED JUNE 16 THROUGH A VOTE BY THE PRO-CHAVEZ MAJORITY OF 
THE NATIONAL ASSEMBLY (NA), ATTENDED A LUNCHEON HOSTED BY 
PAO, WITH POLOFF, JUNE 23. ARRIECHI REJECTED THE AUTHORITY OF 
THE NATIONAL ASSEMBLY (NA) TO REMOVE HIM USING PROVISIONS OF 
THE NEWLY PASSED TSJ LAW, ARGUING THAT SUCH AN EX-POST FACTO 
USE OF THE LAW WAS PROHIBITED BY THE CONSTITUTION, DESPITE A 
CONSTITUTIONAL CHAMBER DECISION TO ACCEPT THE MOVE. HE ALSO 
DENIED ANY RESPONSIBILITY FOR ERRORS IN HIS NOMINATION 
MATERIALS (NOTE: ALLEGEDLY THE REASON FOR HIS REMOVAL. END 
NOTE.), STATING THAT HE HAD NOT NOMINATED HIMSELF, AND HAD 
NEVER MADE ANY UNTRUTHFUL CLAIMS ABOUT HIS PAST. ARRIECHI 
SAID HE WOULD RESIST THE REMOVAL, AND CONTINUE TO GO TO WORK 
UNTIL THEY STOPPED HIM. HE REJECTED THE TERM "CIVIL 
DISOBEDIENCE" WHICH THE PRESS HAS USED, HOWEVER, AND STATED 
HE WAS SURE HE WOULD BE DENIED ENTRY TO THE TSJ SHORTLY. 
ARRIECHI SAID HE WOULD EVENTUALLY BRING A CASE BEFORE THE 
INTER-AMERICAN HUMAN RIGHTS COMMISSION, AFTER GOING THROUGH 
THE VENEZUELAN JUDICIAL APPEALS PROCESS. HE SAID HE WOULD 
SPEND THE SUMMER AT HIS HOUSE IN THE U.S., WITH HIS FAMILY. 
 
3.  (C) ARRIECHI SAID THE REMOVAL FROM THE COURT WAS INTENDED 
TO PASS HIS POSITION AS VICE PRESIDENT OF THE TSJ TO TSJ 
JUDGE OMAR MORA, ESTABLISHING HIM AS THE EVENTUAL REPLACEMENT 
FOR TSJ PRESIDENT IVAN RINCON. ARRIECHI CALLED MORA A 
CHAVISTA "TALIBAN," AND CLAIMED HE WAS A MEMBER OF THE 
VENEZUELAN COMMUNIST PARTY. ARRIECHI CLAIMED TO HAVE BEEN 
SINGLED OUT FOR HIS PRO-AMERICAN VIEWS, AND TIES TO FORMER 
AMBASSADOR DONNA HRINAK. HE SAID HIS ROLE IN WRITING THE 
PLENARY CHAMBER'S DECISION REJECTING MILITARY REBELLION 
CHARGES AGAINST THE MILITARY OFFICERS INVOLVED IN THE EVENTS 
OF APRIL 11, 2002, HAD ALSO MADE HIM A TARGET OF THE GOV. 

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GLASS HOUSES 
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4.  (C) ARRIECHI MADE ACCUSATIONS AGAINST SEVERAL MEMBERS OF 
THE TSJ. HE ACCUSED RINCON OF CORRUPTION, SPECIFICALLY OF 
ACTING AS AN INTERMEDIARY BETWEEN BUSINESSMEN AND THE 
MINISTRY OF FINANCE, HELPING TO EXPEDITE PAYMENT FOR SERVICES 
RENDERED IN RETURN FOR A PERCENTAGE. HE ALSO ACCUSED TSJ 
JUDGE JOSE DELGADO OCANDO OF HAVING A BROTHER AND A SON 
WORKING AS LEGAL CONSULTANTS FOR PDVSA, WHO HE SAID WERE 
BEING PAID ONE MILLION DOLLARS A YEAR. HE SAID DELGADO 
IDENTIFIES HIMSELF AS A "STALINIST" COMMUNIST, AND IS A 
MEMBER OF VENZUELAN COMMUNIST PARTY (PCV). HE ALSO ACCUSED 
TSJ JUDGES CARLOS OBERTO, JUAN RAFAEL PERDOMO, ALONG WITH 
 
SIPDIS 
MORA OF BEING MEMBERS OF THE PCV. FINALLY ARRIECHI ACCUSED 
TSJ JUDGE LUIS MARTINEZ HERNANDEZ OF HAVING OFFERED TO FIX 
 
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DISCIPLINARY CASES AGAINST FEMALE JUDGES IN RETURN FOR SEXUAL 
FAVORS (NOTE: THE TSJ RUNS THE LOWER COURTS IN VENEZUELA, AND 
IS RESPONSIBLE FOR HIRING, FIRING AND DISCIPLINING LOWER 
COURT JUDGES. END NOTE.) HE ALSO ACCUSED MARTINEZ OF HAVING 
DEALINGS WITH INTERNATIONALLY WANTED DRUG DEALERS, AND OF 
 
CARACAS 00002146  002 OF 002 
 
T FOR IDEOLOGY OR FINANCIAL/LEGAL 
REASONS, THESE JUDGES WOULD BACK CHAVEZ UNTIL THE END. 
ARRIECHI SEEMED SURPRISED THERE HAD BEEN SO LITTLE OUTCRY 
AGAINST HIS REMOVAL BY OTHER JUDGES ON THE TSJ, OR THE 
OPPOSITION. HE SAID THERE WAS NO CHANCE OF A MASS RESIGNATION 
OF TSJ JUDGES IN PROTEST, DUE TO PERSONAL FINANCIAL 
CONSIDERATIONS. ARRIECHI REPORTED THAT RETIRING TSJ JUDGE 
RAFAEL PEREZ PERDOMO (ANTI-CHAVEZ) IS RESISTING THE EFFORTS 
OF ANGULO TO REPLACE HIM WITH A CHAVISTA ALTERNATE JUDGE. 
 
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COMMENT 
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6.  (C) WE UNDERSTAND THAT ARRIECHI HAS BEEN IN CONTACT WITH 
AMCIT POLITICAL CONSULTANTS ABOUT GOING TO THE U.S. TO TELL 
HIS STORY. WHILE HE MAY BE WILLING TO GIVE MORE DETAILS THAN 
HE TOLD US, VENEZUELAN POLITICAL CIRCLES ARE FULL OF STORIES 
OF CORRUPTION ON THE TSJ, IMPLICATING RINCON AND OTHER 
JUDGES. IT IS ALSO UNLIKELY THAT ARRIECHI, WHO BROKE WITH 
CHAVEZ AFTER APRIL 11, 2002, IS WITHOUT STAIN HIMSELF. WHILE 
ARRIECHI'S REMOVAL IS EXTREMELY DISTURBING IN TERMS OF THE 
RULE OF LAW IN VENEZUELA, IT HAS NOT BEEN A MAJOR POLITICAL 
    ISSUE IN THE RUN-UP TO THE REFERENDUM. 
SHAPIRO 
 
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      2004CARACA02146 - CONFIDENTIAL