US embassy cable - 04CARACAS2202

C O N F I D E N T I A L CARACAS 002202 
 
SIPDIS 
 
 
NSC FOR CBARTON 
HQ USSOUTHCOM ALSO FOR POLAD 
USAID DCHA/OTI FOR RPORTER 

E.O. 12958: DECL: 05/25/2014 
TAGS: PHUM, PGOV, VE 
SUBJECT: TRIAL BEGINS IN TACHIRA 9 CASE 
 
 
CLASSIFIED BY: A/DCM ABELARDO A. ARIAS FOR REASONS 1.4 (D) 
 
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SUMMARY 
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1.  (U) JUDGE GERSON NINO OPENED THE TRIAL AGAINST NINE 
OPPOSITION LEADERS WHO HAVE BEEN IN PRISON FOR THE LAST YEAR 
IN TACHIRA STATE ON JULY 6.  THE NINE ARE CHARGED WITH CIVIL 
REBELLION FOR THE EVENTS OF APRIL 11, 2002 IN SAN CRISTOBAL, 
TACHIRA. AT THE OPENING OF THE TRIAL, PROSECUTOR JAIRO 
ESCALANTE ACCUSED DEFENSE LAWYER PEDRO REY OF BRIBING ONE OF 
THE TWO LAY JUDGES IN THE CASE. NINO REFUSED TO SUSPEND THE 
TRIAL, THOUGH HE GAVE THE PROSECUTORS UNTIL JUNE 8 TO SHOW 
THEY HAD EVIDENCE OF THEIR CHARGES. END SUMMARY. 
 
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TRIAL BEGINS IN TACHIRA 
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2. (U) JUDGE GERSON NINO OPENED THE TRIAL OF NINE OPPOSITION 
LEADERS WHO HAVE BEEN DETAINED FOR THE PAST YEAR IN TACHIRA 
STATE ON JULY 6. JUDGE NINO WILL TRY THE CASE IN TRIUMVIRATE, 
WITH TWO LAYMEN. PROSECUTOR JAIRO ESCALANTE REQUESTED JUNE 6 
THAT THE TRIAL BE SUSPENDED BECAUSE OF AN ACCUSATION AGAINST 
DEFENSE LAWYER PEDRO REY FOR BRIBING ONE OF THE TWO LAYMEN 
    ASSIGNED TO THE CASE. JUDGE NINO REFUSED TO SUSPEND THE CASE, 
AND GAVE THE PROSECUTORS UNTIL JUNE 8 TO PROVE THAT TAMPERING 
HAD OCCURRED. 
 
3.  (U) THE NINE ARE ACCUSED OF CIVIL REBELLION FOLLOWING THE 
EVENTS OF APRIL 11, 2002 IN SAN CRISTOBAL, TACHIRA. THE 
CHARGES STEM FROM THE ALLEGED ATTEMPT ON THE PART OF THE 
DETAINEES TO TAKE OVER THE GOVERNMENT OF TACHIRA FOLLOWING 
THE "COUP" IN CARACAS ON APRIL 11, 2002. THE ACCUSED CLAIM 
THERE WAS A VACUUM OF POWER, AND THAT THEY WERE ONLY TRYING 
TO MAINTAIN ORDER WHEN THEY BRIEFLY TOOK CONTROL OF THE STATE 
GOVERNMENT. THERE ARE THREE OTHER SUSPECTS, WHO HAVE NOT 
TURNED THEMSELVES IN. TO DATE THIS CASE HAS HAD THREE 
DIFFERENT JUDGES AND FOUR DIFFERENT PROSECUTORS IN CHARGE. 
NA DEPUTY FOR TACHIRA CESAR PEREZ VIVAS (COPEI) TOLD 
REPORTERS THAT TACHIRA GOVERNOR RONALD BLANCO LA CRUZ (MVR), 
AND NA DEPUTIES FOR TACHIRA IRIS VARELA (MVR) AND LUIS TASCON 
(MVR) WERE RESPONSIBLE FOR THE YEAR LONG DELAY IN THIS CASE, 
BY ORGANIZING THE CHANGING OF JUDGES AND PROSECUTORS. ON JUNE 
10 THE PENAL CHAMBER OF THE SUPREME COURT (TSJ) ORDERED JUDGE 
NINO TO BEGIN THE TRIAL WITHOUT DELAY. ACCORDING TO PRESS 
REPORTS, THE HEALTH OF SEVERAL OF THE DETAINEES HAS 
DETERIORATED WHILE IN PRISON. 
 
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REACTIONS 
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3.  (U) SUPPORTERS AND FAMILY MEMBERS OF THE NINE EXPRESSED 
JOY AND RELIEF AT THE INITIATION OF THE TRIAL, ACCORDING TO 
PRESS REPORTS. DEFENSE LAWYER PEDRO REY TOLD REPORTERS THE 
    TRIAL, "WILL ALLOW US TO PROVE THE INNOCENCE OF EACH AND 
EVERY ONE OF OUR CLIENTS." THE MOTHER OF ONE OF THE DETAINEES 
SAID, "FINALLY THE TRIAL IS GOING TO BEGIN; FINALLY WE ARE 
GOING TO BE ABLE TO SHOW THE INNOCENCE OF ALL THE DETAINEES." 
 
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COMMENT 
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4. (C) THIS IS THE FIRST OF THE POLITICAL CASES TO MAKE IT TO 
TRIAL. UP TO NOW THE GOV HAS USED A STRATEGY OF DELAYING 
TRIALS AND HOLDING PEOPLE ON LITTLE EVIDENCE. NOW, THANKS TO 
THE TSJ RULING, THEY MUST GO TO TRIAL. THERE IS LITTLE DOUBT 
ABOUT THE POLITICAL ALLEGIANCES OF THE PROSECUTOR OR THE 
JUDGE IN THE CASE. WHAT MUST BE CLOSELY WATCHED IS TO WHAT 
DEGREE THE GOV STILL FEELS BOUND BY THE RULE OF LAW. 
MCFARLAND 
 
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      2004CARACA02202 - CONFIDENTIAL