US embassy cable - 04CARACAS2808

C O N F I D E N T I A L  CARACAS 002808 
 
SIPDIS 
 
 
NSC FOR CBARTON 
HQ USSOUTHCOM ALSO FOR POLAD 
USAID DCHA/OTI FOR RPORTER 
 
E.O. 12958: DECL: 05/25/2014 
TAGS: PHUM, KJUS, PGOV, VE 
SUBJECT: VENEZUELAN MAYOR RELEASED FROM PRISON 
 
 
Classified By: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASONS 1.4 (d 
) 
 
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SUMMARY 
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1.  (C) Judge Dayva Soto Vallenilla released Baruta Mayor 
Henrique Capriles from pre-trial detention September 6, 
following a defense motion on September 2. Capriles must 
appear before the court every 15 days, remain in Venezuela, 
and is not allowed to make public comments on the case 
against him. Prosecutor Danilo Anderson has five days to 
appeal the decision. Chacao Mayor Leopoldo Lopez said the 
decision "gave a ray of light in a Judicial Power which is 
rotten, and takes decisions according to political 
interests." MVR Deputy Willian Lara called the decision proof 
that "the Venezuelan state respects the rights, even of those 
who do not respect the Bolivarian Constitution and the 
law..." The DCM met with Capriles' mother August 30, and 
advised her on her September 1 meeting with Vice President 
Rangel. A source close to Rangel told the Ambassador that 
Rangel had persuaded Chavez that the GOV should -- informally 
-- prevail on the courts to free Capriles. End Summary. 
 
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Capriles Freed 
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2.  (U) Judge Dayva Soto Vallenilla ruled in favor of a 
defense motion to free Baruta Mayor Henrique Capriles 
(Primero Justicia) from pre-trial detention on September 6, 
after 120 days in DISIP custody. Capriles is charged with 
colluding with rioters in front of the Cuban Embassy on April 
12, 2002. Judge Soto substituted the detention order with the 
requirement that Capriles present himself to the court every 
15 days, not leave Venezuela, and not make public comments on 
the case. Prosecutor Danilo Anderson has five days to 
consider an appeal of the decision. Capriles was released the 
evening of September 6. 
 
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Lopez Cites Leon Case 
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3.  (U) Chacao Mayor Leopoldo Lopez (Primero Justicia) told 
reporters the decision was, "a ray of light in a Judicial 
Power which is rotten, and takes decisions according to 
political interests." Lopez pointed to the arrest on 
September 4 of Judge Juan Ramon Leon Villanueva, on charges 
of trying to bribe the head of Venezuela's investigative 
police (CICPC). Leon was the judge who ordered Capriles be 
sent to trial on August 18. Lopez called Leon, "a corrupt 
judge who was seen committing extortion, and who ended up 
showing that the Capriles case was political." 
 
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Even Justice for our Enemies 
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4.  (U) MVR Deputy Willian Lara told official news agency 
VenPress that the decision to release Capriles was proof 
that, "the Venezuelan state respects the rights, even of 
those who do not respect the Bolivarian Constitution and the 
law, with anti-democratic conduct of a fascist character, as 
was (Capriles') on April 12, 2002 in the assault on the Cuban 
Embassy." He said the decision invalidates all the 
accusations of Primero Justicia leaders that Capriles' rights 
had been violated. 
 
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The Judge 
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5.  (C) Capriles defense lawyer Juan Martin Echeverria told 
PolOff August 31, when the case was assigned to Judge Soto, 
that she was a professional judge with several years on the 
bench. He said he was sure she would be under pressure to 
 
conform to the GOV line on the case. Trial Judge Beatriz 
Perez told PolOff September 3 that Judge Soto was not a 
Chavista, and noted that she had made no effort to have 
herself removed from the controversial case. 
 
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DCM Meets with Capriles Mother 
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6.  (C) The DCM met with Capriles' mother, Monica Radonski, 
August 30. Ms. Radonski told the DCM she had an appointment 
with Vice President Jose Vicente Rangel, and asked DCM for 
his advice on how best to take advantage of the meeting. The 
DCM advised Ms. Radonski to make an appeal to Rangel on 
humanitarian grounds, to leave her lawyers behind, and not to 
make accusations about the political nature of the case. 
 
7.  (C) A source close to VP Rangel told the Ambassador and 
DCM September 7 that Rangel had convinced the President that 
they should find a way to get the court to release Capriles. 
President Carter had raised the issue with Chavez, and we 
believe this helped as well. 
 
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Comment 
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8.  (C) The GOV was looking for some way out of the Capriles 
situation. It did so without ostensibly violating the 
separation of powers -- but clearly Chavez' change of mind 
drove the process. This decision temporarily reduces pressure 
on the GOV on human rights issues. How the GOV proceeds with 
the trial will still be significant, as will be the 
conclusion of the trial of nine Chavez opponents in Tachira 
state (which we understand the GOV is examining) and the 
proceedings against Generals Alfonzo, Uson and Poggioli. 
Brownfield 
 
 
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      2004CARACA02808 - CONFIDENTIAL