US embassy cable - 04CARACAS2199

C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 002199 
 
SIPDIS 
 
 
NSC FOR CBARTON 
HQ USSOUTHCOM ALSO FOR POLAD 
USAID DCHA/OTI FOR RPORTER 

E.O. 12958: DECL: 05/25/2014 
TAGS: PGOV, PHUM, KJUS, VE 
SUBJECT: PRESIDENT OF TSJ ELECTORAL CHAMBER RETIRES 
 
 
CLASSIFIED BY: A/DCM ABELARDO A. ARIAS FOR REASONS 1.4 (D) 
 
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SUMMARY 
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1.  (U) THE PRESIDENT OF THE ELECTORAL CHAMBER OF THE SUPREME 
COURT (TSJ) ALBERTO MARTINI RETIRED FROM THE TSJ ON JULY 7, 
ALONG WITH JUSTICES RAFAEL HERNANDEZ AND RAFAEL PEREZ 
PERDOMO. MARTINI AND HERNANDEZ, BOTH MEMBERS OF THE ELECTORAL 
CHAMBER, WILL BE REPLACED BY PRO-CHAVEZ ALTERNATES. THE TSJ 
NOMINATIONS COMMITTEE OF THE NATIONAL ASSEMBLY (NA) CLOSED 
THE NOMINATIONS PROCESS ON JULY 1, WITH SEVERAL HIGH PROFILE 
CHAVISTAS INCLUDED ON THE LIST. FRANCISCO CARRASQUERO, 
PRESIDENT OF THE NATIONAL ELECTORAL COUNCIL (CNE) WAS THE 
MOST CONTROVERSIAL OF THE NOMINEES, ALONG WITH MVR DEPUTIES 
LUIS VELAZQUEZ ALVARAY, EDUARDO FRANCESCHI AND OMAR MEZZA. 
END SUMMARY. 
 
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ELECTORAL CHAMBER CHANGES HANDS 
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3.  (U) THE PRESIDENT OF THE ELECTORAL CHAMBER OF THE SUPREME 
COURT (TSJ), ALBERTO MARTINI, RETIRED ON JULY 7, ALONG WITH 
JUSTICE RAFAEL HERNANDEZ AND RAFAEL PEREZ PERDOMO. BOTH 
    MARTINI AND HERNANDEZ WILL BE REPLACED BY PRO-CHAVEZ 
ALTERNATES. THE MORAL COUNCIL (ATTORNEY GENERAL, CONTROLLER 
GENERAL, AND HUMAN RIGHTS OMBUDSMAN, SITTING IN COMMITTEE) 
ACCUSED MARTINI AND HERNANDEZ OF A "GRAVE FAULT" ON JUNE 18, 
FOR WHICH EACH FACED THE POSSIBILITY OF SUSPENSION. PEREZ 
LEAVES THE TSJ'S PENAL CHAMBER.  HIS REPLACEMENT IS NOT 
CLEAR, WITH A PRO-OPPOSITION ALTERNATE AND A PRO-CHAVEZ 
ALTERNATE DISPUTING THE POSITION. IF PEREZ IS REPLACED BY A 
PRO-CHAVEZ ALTERNATE, THE PRESENT CORRELATION OF FORCES IN 
THE PENAL CHAMBER, WITH TWO OPPOSITION JUSTICES AND ONE 
PRO-CHAVEZ JUSTICE, WOULD BE REVERSED. 
 
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244 NOMINEES 
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3.  (U) THE TSJ NOMINATIONS COMMITTEE OF THE NATIONAL 
ASSEMBLY (NA) CLOSED THE NOMINATIONS PROCESS ON JULY 1, WITH 
SEVERAL HIGH PROFILE CHAVISTAS INCLUDED IN THE LIST. THE NA 
SET UP THE COMMITTEE TO ACCEPT NOMINATIONS FOR THE 12 NEW 
SUPREME COURT SEATS, ESTABLISHED UNDER THE NEW TSJ LAW AND 
FOR THE 32 ALTERNATE SEATS ON THE TSJ. (NOTE: AT LEAST ONE 
MORE JUDGE WILL BE CHOSEN TO REPLACE FRANKLIN ARRIECHE, 
RECENTLY REMOVED BY THE NA UNDER THE NEW LAW, AND SEVERAL 
MORE MAY BE NAMED TO REPLACE RETIRING JUSTICES. END NOTE.) 
244 PEOPLE WERE NOMINATED IN ALL. AND THERE ARE NOMINEES FROM 
THE OPPOSITION IN ADDITION TO CHAVISTAS. MANY OF THE NOMINEES 
ARE FIGURES WHO HAVE SERVED IN ONE OF CHAVEZ' PREVIOUS 
GOVERNMENTS, OR RULED IN FAVOR OF CHAVEZ' POSITIONS ON 
CONTROVERSIAL DECISIONS AT LOWER LEVELS OF THE JUDICIAL 
SYSTEM. ACCORDING TO NA DEPUTY CILIA FLORES (MVR), THE NA 
    WILL TAKE THE FINAL VOTE ON THE NEW JUSTICES ON AUGUST 12, 
AND THE SWEARING IN OF THE NEW JUSTICES WOULD BE AUGUST 13. 
(NOTE: THE NEW TSJ LAW ALLOWS THE TSJ JUSTICES TO BE CHOSEN 
BY THE NA WITH A SIMPLE MAJORITY AFTER THREE ATTEMPTS TO GET 
THE TWO-THIRDS MAJORITY STIPULATED IN THE CONSTITUTION THE 
NOMINATIONS COMMITTEE EXPECTS TO BE ABLE TO TAKE THAT FOURTH 
VOTE ON AUGUST 12. END NOTE.) 
 
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CARRASQUERO AMONG NOMINEES 
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4.  (U) FRANCISCO CARRASQUERO CURRENTLY THE PRESIDENT OF THE 
NATIONAL ELECTORAL COUNCIL (CNE), IS THE MOST CONTROVERSIAL 
NOMINEE, BECAUSE OF HIS ROLE OVERSEEING THE RECALL 
REFERENDUM. JUSTICE ARRIECHE TOLD REPORTERS IT WAS 
INAPPROPRIATE THAT CARRASQUERO WOULD BE DEPENDENT ON THE 
VOTES OF PRO-CHAVEZ DEPUTIES TO BECOME A TSJ JUSTICE, WHILE 
OVERSEEING A RECALL REFERENDUM AGAINST CHAVEZ. FLORES 
CONTRADICTED ARRIECHE, SAYING THAT ALL CITIZENS HAVE A RIGHT 
TO BE NOMINATED, AND THAT IF CARRASQUERO WERE NAMED TO THE 
 
CARACAS 00002199  002 OF 002 
 
LL BE READY." 
 
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MVR DEPUTIES 
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5.  (U) NA DEPUTY LUIS VELAZQUEZ ALVARAY (MVR) WAS ALSO 
NOMINATED. VELAZQUEZ WAS RESPONSIBLE FOR PUSHING THE TSJ LAW 
THOUGH THE NA. THE DEPUTY WENT BEFORE A NOTARY TO DEMONSTRATE 
FORMALLY THAT HE WOULD NO LONGER PARTICIPATE IN PARTISAN 
POLITICS, THOUGH HE INTENDS TO REMAIN ACTIVE IN THE NA TO 
PUSH THROUGH MORE JUDICIAL REFORM LEGISLATION. HE ASSURED 
REPORTERS THAT FROM NOW ON HE WILL VOTE ACCORDING TO HIS 
CONSCIENCE, "AND NOT ACCORDING TO PARTY SYMPATHIES OR 
ALLEGIANCES." OPPOSITION PRIMERO JUSTICIA DEPUTY GERARDO 
BLYDE REJECTED THIS ARGUMENT, SAYING IT WAS "PUBLIC AND 
NOTORIOUS" THAT VELAZQUEZ ALONG WITH MVR DEPUTIES LUIS 
FRANCESCHI AND OMAR MEZZA, WERE FOLLOWERS OF CHAVEZ. BLYDE 
SAID THERE IS NO LEGAL PROHIBITION AGAINST POLITICIANS 
HOLDING OFFICE BECOMING TSJ JUSTICES, BUT SAID THEY WOULD 
VIOLATE THE CONSTITUTIONAL REQUIREMENT THAT TSJ JUSTICES BE 
IMPARTIAL. 
 
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CHAVISTA REACTION 
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6.  (U) GOV VICE PRESIDENT JOSE VICENTE RANGEL DISMISSED THE 
CRITICISM OF THE NOMINATIONS BY SAYING, "POLITICS IS PRESENT 
IN EVERYTHING. LET'S NOT BE HYPOCRITES." HE SAID ANYONE COULD 
BE A TSJ JUSTICE, AS LONG AS THEY MET THE CRITERIA, AND THAT 
THE SELECTION PROCESS WOULD DETERMINE WHICH CANDIDATES WERE 
BEST QUALIFIED. FLORES, SAID THE OPPOSITION HAD NO RIGHT TO 
CRITICIZE ANYONE, SINCE THEY HAD NOT PARTICIPATED IN THE 
NOMINATIONS COMMITTEE (NOTE: THE OPPOSITION PARTIES BOYCOTTED 
THIS COMMITTEE BECAUSE THEY DO NOT ACCEPT THE TSJ LAW WHICH 
AUTHORIZED THE NOMINATING PROCESS. END NOTE.) 
 
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COMMENT 
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7.  (C) THE RETIREMENT OF MARTINI AND HERNANDEZ GIVES CHAVEZ 
FULL CONTROL OF THE ELECTORAL CHAMBER, AND THE PLENARY 
CHAMBER WITHOUT RECOURSE TO THE NEW TSJ LAW. IF PEREZ IS 
REPLACED BY A CHAVISTA, IT WILL GIVE CHAVEZ CONTROL OF THE 
PENAL CHAMBER AS WELL. BOTH ARE CRITICAL BLOWS TO THE 
OPPOSITION, WITH THE JUSTICES WHO HAVE STOOD UP TO CHAVEZ 
RETIRING QUIETLY ON THE EVE OF THE REFERENDUM, AND THEREBY 
GIVING CHAVEZ A TREMENDOUS TOOL IN THE EVENT HE LOOSES THE 
REFERENDUM. 
 
8. (C) THE TSJ NOMINATION PROCESS IS ONE MORE INDICATION OF 
THE COLLAPSE OF INSTITUTIONAL INDEPENDENCE UNDER CHAVEZ. 
NAMING CARRASQUERO, VELAZQUEZ, MEZZA AND FRANCESCHI TO THE 
TSJ WILL FURTHER ERODE THE INSTITUTION'S CREDIBILITY. 
 
SIPDIS 
    ADDITIONALLY, MANY OF THE TSJ NOMINEES FROM THE LOWER COURTS 
ARE ALSO CLEARLY IDENTIFIED WITH CHAVEZ THROUGH CONTROVERSIAL 
CASES THEY HAVE DEALT WITH, OR ARE POLITICAL APPOINTEES FROM 
THE PAST. LOYALTY IS LIKELY TO BE GIVEN THE GREATEST WEIGHT 
IN THE CHOICE OF THE NEW JUSTICES. 
MCFARLAND 
 
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      2004CARACA02199 - CONFIDENTIAL