US embassy cable - 04CARACAS3270

C O N F I D E N T I A L  CARACAS 003270 
 
SIPDIS 
 
 
NSC FOR CBARTON 
USCINCSO ALSO FOR POLAD 
 
E.O. 12958: DECL: 05/25/2014 
TAGS: PHUM, PGOV, KJUS, VE 
SUBJECT: CONVICTIONS IN USON AND TACHIRA CASES 
 
 
Classified By: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASONS 1.4 (d 
) 
 
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Summary 
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1.  (U) On October 13 a court in Tachira State convicted 
eight persons on charges of rebellion in relation to the 
events of April 2002. The court found on of the original nine 
defendants not guilty, and five of them are free one 
probation. On October 11 a military court convicted retired 
Army Gen. Francisco Uson for insulting the Armed Forces and 
sentenced him to five and a half years in prison. Journalist 
Ovidio Rodriguez, professionally known as Napoleon Bravo, who 
faces charges for disparaging comments about the Supreme 
Court he made on his television program, testified October 13 
before the prosecutor leading the investigation. End Summary 
 
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Tachira 8 Guilty 
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2.  (U) The trial against nine political leaders in Tachira 
State for civil rebellion ended at midnight October 13, when 
the court found eight of the defendants guilty of civil 
rebellion, and freed one, Wilfredo Tovar. The court sentenced 
three of the defendants, Saul Lozano, Orlando Pantaleon and 
Danny Ramirez, to six years in jail and five others, Elsy 
Marquez de Pena, Jacobo Supelano, Jose Neira Celis, and Omar 
Guillen, to three years. The judge, Gerson Nino, granted the 
latter five probation, and they were set free on October 15. 
They may not leave Tachira State, may not speak to the media, 
and may not participate in political demonstrations. 
 
3.  (U) The case against the Tachira 9 stems from 
disturbances in front of the Governor's offices in Tachira on 
April 12, when a mob allegedly attacked Tachira Governor 
Ronald Blanco La Cruz to forcibly remove him from office. At 
the time the Governor was meeting with military and political 
leaders to decide what steps to take, following Chavez 
apparent resignation. Witnesses have described a confused 
situation, aggravated when military officers withdrew support 
from Blanco La Cruz, and allowed part of the mob into the 
Governor's mansion. The defense concentrated its argument on 
the question of whether the defendants led the crowd, or 
tried to restrain it. There are approximately 40 additional 
persons in Tachira who have formal investigations open 
against them for the same incident, including one general and 
several politicians. During testimony Blanco La Cruz 
testified that the persons most responsible for the crime 
were not on trial. 
 
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Defense Complaints 
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4.  (C) Defense lawyer Carlos Bastidas told PolOff October 18 
that the case was a political vendetta for humiliating 
Governor Blanco La Cruz, who he called a close Chavez ally 
and possible successor. Bastidas asserted that the judges 
delayed the trial 16 months, allowing the defendants to 
languish in pre-trial detention, acting under pressure from 
Blanco La Cruz and the prosecutors. Bastidas claimed that the 
trial would not have begun at all if the Supreme Court had 
not ordered Judge Nino to begin. He also noted that the 
motion to the Tachira State Appeals Court to release the 
detainees has not been ruled on after 14 months, though the 
court had a legal obligation to respond in 30 days. 
 
5.  (C) Bastidas said he suspects that prosecutors unfairly 
pressured the two lay judges hearing the case. The first 
group of lay judges was dismissed after prosecutors claimed a 
witness, now being investigated by prosecutors, reported a 
bribery attempt, according to Bastidas. Bastidas said he had 
a text message from one of the lay judges saying she was 
being pressured on the case. Bastidas also claimed that the 
witnesses for the prosecution met with the head of the 
Tachira court system prior to testifying, and were coached. 
He said the court ran the trial well, but that the judges 
only took into consideration the witnesses who worked for the 
government of Tachira State, ignoring defense testimony from 
deputies, generals, and police officers. He said he has some 
hope the Supreme Court Penal Chamber may eventually overturn 
the convictions. 
 
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Reactions 
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6.  (C) Following his release, William Tovar made a public 
plea for President Chavez to pardon the eight persons 
convicted. He said it was time for Chavez to use his position 
to call for peace and reconciliation in the country. Liliana 
Ortega, of the human rights group COFAVIC, told PolOff 
October 14 that the decision "makes crimes against the 
majesty of elected officials more serious than crimes against 
humanity or human rights violations." Sergio Omar Calderon, 
the main opposition candidate for governor of Tachira in 
upcoming regional elections, called the sentence 
"unbelievable" because, "everyone knows that there was no 
civil rebellion here." 
 
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General Uson Guilty 
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7.  (U) Separately, a military court found retired Army 
General Francisco Uson, former Minister of Finance, guilty on 
October 11 of insulting the armed forces , and sentenced him 
to five and a half years in prison. The charges stem from 
comments Gen. Uson made in a television interview in relation 
to the Fuerte Mara case of March 2004. In that case, eight 
soldiers received serious burns while in a punishment cell in 
Fuerte Mara, Zulia. Two later died. Gen. Uson responded to a 
journalist's questions about how a flame-thrower worked, and 
explained the procedures for signing one out, after 
journalist Patricia Poleo alleged a flame-thrower had been 
used to burn the soldiers. 
 
8.  (C) Uson's defense lawyer, Gonzalo Himiob, told PolOff 
October 15 that the prosecutors' evidence had consisted of an 
edited version of the interview, which he said manipulated 
what Uson said. Other evidence presented, he asserted, was 
irrelevant or counterproductive to the prosecution, while 
none of the defense witnesses was challenged by the 
prosecution. Himiob also asserted that the trial was closed 
to prevent the public from witnessing the weakness of the 
prosecution case. He said he believed Minister of Defense 
Gen. Jorge Garcia Carneiro ordered the judge to convict Uson, 
but had no evidence. Himiob said the conviction sent a 
message to the Armed Forces that those who spoke out against 
the GOV would be jailed. He also said the respect Uson 
commanded within the Armed Forces, and his inside knowledge 
of Chavismo made him dangerous for the GOV. Himiob said they 
would appeal, but had no hope of success. 
 
9.  (C) Himiob said he disagreed with arguments that Uson 
should have been tried in a civilian court. Several 
commentators, including Bastidas, have argued in the press 
that since Uson was retired, military courts did not have 
jurisdiction over him. Himiob told PolOff that military 
officers are always under military jurisdiction, whether 
active or retired. He also said that conditions in the Ramo 
Verde military prison were much superior to those in civilian 
prisons, and that, due to his rank, he received excellent 
treatment. Given how long Gen. Uson may be in prison, Himiob 
said he preferred to keep the case in the military courts, 
despite his claim that Gen. Garcia Carneiro had imposed a 
guilty verdict. 
 
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Accusations Against Military Courts 
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10.  (C) Captain Alfredo Hernandez Osorio received the Uson 
case in his military control court in Caracas, on May 22. He 
sent it to the military appeals court because Uson was a 
general, and thus had to be tried there. The President of the 
appeals court rejected the case, and sent it back to another 
military control judge. On May 23 Capt. Hernandez was 
arrested, and, he alleges, taken to Minister of Defense Gen. 
Jorge Garcia Carneiro. Hernandez told PolOff that the 
Minister screamed at him, "The rule of law is bullshit, this 
is not juridical, its political!" The next day he was fired, 
together with four other judges. 
 
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Napoleon Bravo Called to Account 
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11.  (U) On October 13 journalist Ovidio Rodriguez, 
 
professionally known as Napoleon Bravo, testified before 
prosecutor Luisa Ortega for four hours in relation to 
statements he made about the Supreme Court, in which he 
suggested the building would be better used as a house of 
prostitution. No formal investigation has yet been opened 
against Rodriguez. 
 
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Comment 
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12.  (C) The conviction of 8 members of the Tachira 9 is 
important for the GOV's strategy of giving a juridical base 
to its claims that the opposition are coupsters. The GOV is 
anxious to force the current opposition leadership out, and 
bring in  a "loyal" opposition. The Tachira convictions will 
send a shiver through the 400 persons in the sights of 
prosecutor Danilo Anderson for the  "Carmona decree." 
 
13.  (C) The Uson conviction is a serious blow to freedom of 
expression, especially by ex-military officers. Uson has been 
convicted of insulting a public institution based on 
technical responses to a journalist's questions. The 
conviction also sends a message to those retired officers who 
play an important role in the opposition, and the "traitors" 
such as Bolivar State Gov. Antonio Rojas Suarez, who Chavez 
says have abandoned the revolution. Calling Rodriguez in to 
testify for allegedly insulting the Supreme Court reinforces 
the message that words have judicial consequences when 
directed against the institutions of the Venezuelan state. 
Brownfield 
 
 
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      2004CARACA03270 - CONFIDENTIAL