US embassy cable - 04CARACAS3368

C O N F I D E N T I A L  CARACAS 003368 
 
SIPDIS 
 
 
NSC FOR CBARTON 
USCINCSO ALSO FOR POLAD 
STATE PASS USAID FOR DCHA/OTI 
 
E.O. 12958: DECL: 09/28/2014 
TAGS: PGOV, KDEM, PHUM, VE 
SUBJECT: CODEL BALLENGER RAISES SUMATE CASE 
 
 
Classified By: Abelardo A. Arias, Political Counselor, 
for Reason 1.4(b). 
 
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Summary 
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1. (C) Congressman Cass Ballenger and three House staffers 
visited Caracas October 28-29 with the principal objective of 
raising the case of the four representatives of the NGO 
Sumate, who have been charged with treason for supporting the 
recall referendum against President Hugo Chavez.  To this 
end, Ballenger met with three of the indicted Sumate 
representatives, Supreme Court President Ivan Rincon, chief 
prosecutor Danilo Anderson, and five foreign ambassadors. 
Ballenger offered to help Sumate with a House Resolution in 
support of their case and to elicit support from various 
colleagues on the Hill.  Though the requested meeting with 
Chavez did not occur, the visit was well timed in that the 
Sumate representatives face possible incarceration as early 
as November 2.  End summary. 
 
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Machado Expects Imprisonment 
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2. (C) Congressman Cass Ballenger visited Caracas October 
28-29 accompanied by House staffers Ted Brennan, Caleb 
McCarry, and Mark Wheat.  The Ambassador hosted breakfast for 
CODEL Ballenger and representatives of the NGO Sumate on 
October 29.  Present were Maria Corina Machado, Alejandro 
Plaz, Luis Enrique Palacios, and Roberto Abdul, the first 
three of which have been charged with treason for having 
accepted a grant from the National Endowment for Democracy 
(NED). 
3. (C) The Ambassador summarized international efforts in 
support of Sumate, including a letter signed by 31 prominent 
international figures, a letter in support of the NED by 
Congressmen Gregory Meeks and Christopher Cox, a visit on 
November 7 by NED President Carl Gershman and NED Board 
Member Terence Todman, statements by the Department 
spokesman, demarches to and by EU members, and a letter and 
possible call to Chavez by former President Jimmy Carter. 
The Ambassador also took note of public comments against 
President Hugo Chavez by National Security Advisor Rice and 
presidential candidate John Kerry.  Regarding press, the 
Ambassador noted that the Wall Street Journal and Miami 
Herald had run stories favorable to Sumate and that the 
Washington Post might do so as well. 
 
4. (C) The Ambassador briefed the Sumate representatives on 
the Department's efforts to drum up support from European 
governments, noting that the United Kingdom and France had 
voiced concern to the GOV.  Plaz added that he had heard that 
Brazilian Foreign Minister Celso Amorim had called Venezuelan 
Foreign Minister Jesus Perez on the case.  Plaz acknowledged 
the help locally of the Dutch and German ambassadors.  Plaz 
also mentioned that UN Secretary General Kofi Annan had 
agreed to express support via a planted question at his next 
weekly press conference. 
 
5. (C) Machado said Sumate used the NED funds strictly for 24 
workshops to educate citizens on voting rights.  She said the 
prosecutor working on the Sumate case had recommended to the 
judge that the four Sumate representatives (including Ricardo 
Estevez, who was not present) be jailed pending trial. 
Machado said the 18-year sentence associated with the charges 
made incarceration almost automatic.  Machado believes there 
is a strong likelihood that she and Plaz will be jailed 
November 2.  Plaz suggested this could be delayed a week by 
legal maneuvering.  Machado said she was unsure of the GOV's 
intentions, calling the court case "a poker game."  She 
admitted it had been difficult to present her case to some 
foreign ambassadors who dismissed the rebellion charges as a 
GOV scare tactic.  She expressed concern that their 
imprisonment would strike fear into their volunteer network 
and intimidate NGOs.  Plaz predicted Chavez would step up 
persecution of his enemes after the October 31 elections. 
 
6. (C) Balleger told the Sumate representatives he regretted 
 
that Chavez had not granted him an udience to raise Sumate. 
Ballenger offered to spnsor a House Resolution in support of 
Sumate onc the U.S. Congress comes back to session on 
Novemer 15.  Ballenger suggested that nother member, who he 
said is closer philosophically to Chavez than he, might be 
convinced to contact Chavez personally.  The Ambassador noted 
that a House Resolution might come after the Sumate 
representatives are locked up, but would nonetheless have a 
significant impact.  Machado said she did not know how the 
GOV might react to a resolution, but agreed it would be "huge 
moral support" for their case.  Ballenger also noted he had 
sought support for Sumate's case with the local ambassadors 
of Argentina, Canada, France, Mexico, and UK at a lunch 
hosted by the Ambassador on October 28. 
 
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Anderson Stands Firm 
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7. (C) Congressman Ballenger and the Ambassador later met 
with prosecutor Danilo Anderson. Congressman Ballenger 
defended the role of the NED around the world, and the grant 
to Sumate in particular.  He asked Anderson if he had any 
suggestions on how the USG could help resolve the questions 
the Attorney General's office had about the NED.  Anderson 
told Ballenger that the prosecutor's office is investigating 
the NED loans to Venezuelan NGOs because some of the groups 
that received the money had allegedly engaged in crimes, 
including civil rebellion, electoral crimes, and fraud.  He 
said the prosecutor in the case would probably decide whether 
to charge the members of Sumate or close the case on November 
2.  The Ambassador asked if it would be helpful to have NED 
President Gershman come to Venezuela and explain the NED's 
procedures and the projects in question to the prosecutor's 
office.  Anderson said it was a good idea, and agreed to 
express his interest in meeting to the MFA, which would 
coordinate the NED's schedule. 
 
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Rincon Dismisses NED Connection 
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8. (C) Ballenger and the Ambassador also met with Supreme 
Court Chief Justice Ivan Rincon.  Ballenger told Rincon that 
many members of the U.S. Congress were upset about the 
Sumate/NED case.  Ballenger opined that neither NED nor 
Sumate had engaged in illegal or illegitimate activity.  He 
pointed out that the Congress contributes funds to many 
international organizations, including the World Bank.  He 
said the criminalization of NED funding in Venezuela has led 
many in Congress to suggest either that the Congress should 
not give money to these international organizations, or that 
the Congress should get more involved in deciding what loans 
are approved.  Ballenger stressed this message to Rincon, 
expressing the anger in the Congress, and the possible effect 
it could have on World Bank funding Rincon is seeking for the 
Venezuelan judiciary. 
 
9.  (C) Rincon said it is not illegal to receive 
international financial aid, adding that the Supreme Court 
itself does so.  He said the size of the NED loan made it 
insignificant, and that even if the funds were put to some 
use other than the one intended, the NED is not culpable 
under Venezuelan law.  The fact that most of the evidence was 
obtained through FOIA made it clear it was not a covert 
program.  Rincon added, however, that Sumate may have 
participated in illegal acts.  He made a point of Sumate's 
role as the organizational and technical nerve center of a 
fractured opposition.  He said the prosecutor's investigation 
centered on possible crimes committed by Sumate in the 
signature drive leading up to the recall referendum, and for 
allegedly setting up a parallel Electoral Council. 
 
10. (C) Ballenger asked for clarification on whether the 
charges against Sumate stemmed from alleged illegal 
financing, or if the political organizing they had engaged in 
was illegal.  Rincon said the investigation had not 
determined yet that any crime had been committed, but if so 
it had nothing to do with the NED.  He said Attorney General 
Isaias Rodriguez told him that the investigation of Sumate 
 
had to be disconnected from the NED, as international 
financing was not illegal.  Rincon stressed the role of the 
USG in helping reform the Judicial Branch in Venezuela 
through bilateral and multilateral projects, and said he 
hoped it would continue.  Ballenger asked Rincon about 
amendments to the Penal Code being discussed in the National 
Assembly which would criminalize receipt of international 
funds by NGOs.  Rincon said he had nothing to do with the 
proposal, and thought it was probably unconstitutional.  He 
promised if such a law were passed, the Supreme Court would 
act. 
 
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Comment 
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8. (C)  Ballenger's visit was useful in signaling to the GOV 
our interest in the Sumate's highly politicized case, and 
tying that interest directly to the U.S. Congress.  President 
Chavez is seeking to neutralize Sumate's capacity to 
challenge him on electoral transparency.  He also wants to 
send a message to the Venezuelan NGO community that 
activities contrary to GOV interests will not be tolerated. 
Up to now, it has served Chavez's interest merely to threaten 
Machado and company with jail time.  He may be ready, 
however, to turn up the political heat on the opposition, 
similar to when Baruta Mayor Enrique Capriles was detained 
earlier this year. 
 
9. (U) Congressman Ballenger did not review this message 
before transmittal. 
 
Brownfield 
 
 
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      2004CARACA03368 - CONFIDENTIAL