US embassy cable - 04CARACAS3395

C O N F I D E N T I A L CARACAS 003395 
 
SIPDIS 
 
 
NSC FOR CBARTON 
USCINCSO ALSO FOR POLAD 
 
E.O. 12958: DECL: 05/25/2014 
TAGS: PHUM, KJUS, VE 
SUBJECT: VENEZUELAN SUPREME COURT INTERVENES IN SUMATE CASE 
 
 
Classified By: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASONS 1.4 (d 
) 
 
------- 
Summary 
------- 
 
1.  (C) The Penal Chamber of the Venezuelan Supreme Court 
November 2 suspended the case against four members of the NGO 
SUMATE facing charges of conspiracy to overthrow the 
government.  The Penal Chamber agreed to investigate whether 
the crime the prosecutor alleges that the Sumate 
representatives committed is contemplated in the penal code. 
The court may take anywhere from hours to months to make its 
decision, during which time the case is suspended.  Prior to 
the Supreme Court's suspension, the lower court handling the 
case had postponed a hearing scheduled for November 2 until 
November 24.  End Summary. 
 
------------------------ 
Penal Chamber Intervenes 
------------------------ 
 
2.  (C) Jesus Loreto, one of the lawyers defending 
representatives of the NGO Sumate, told PolOff November 2 
that the Penal Chamber of the Supreme Court (TSJ) had agreed 
to examine a defense appeal submitted on November 1.  (Note: 
In a meeting on October 29 with CODEL Ballenger, SUMATE 
leaders Maria Corina Machado and Alejandro Plaz told the 
Ambassador about the planned appeal. End Note).  The appeal 
asked the court to review whether the actions alleged by the 
prosecutors could rightfully be considered criminal.  The 
TSJ's action suspends the Sumate case until a decision is 
 
SIPDIS 
reached.  The Chamber decided unanimously to hear the appeal, 
with the loan Chavista in the Chamber, Justice Alejandro 
Angulo Fontiveros, writing the decision. 
 
3.  (U) Machado and Plaz were scheduled to appear before a 
lower court November 2.  At that hearing, they expected to be 
jailed pending trial because under Venezuelan law persons 
charged with crimes that carry a penalty of more than ten 
years are presumed to be flight risks.  On November 1 the 
judge postponed that hearing until November 24, and it is now 
suspended indefinitely pending the Penal Chamber's ruling. 
 
4.  (C) Loreto told PolOff that the Chamber could take hours 
or months to reach a decision.  He was cautiously optimistic 
about the Chamber's decision, and surprised it had acted so 
rapidly. Machado wrote PolOff in an e-mail that this was 
"definitely good news," and asked that her gratitude be 
expressed to all who had shown concern in the case. 
 
---------- 
Background 
---------- 
 
5.  (C) The case against SUMATE stems from its activities 
during the recall referendum drive, and its receipt of 
funding from the National Endowment for Democracy (NED).  The 
prosecutor has accused SUMATE of conspiring to overthrow the 
government, focusing on the receipt of international funding 
to justify the charges.  Several high ranking GOV officials 
have testified that the NED is a front organization for the 
CIA and the State Department.  The defense claims that the 
prosecutor is investigating SUMATE for actions which are not 
contemplated in the penal code. They claim that all of 
SUMATE's activities were legitimate, and that the NED funding 
did not go to political work, but to education. 
 
------- 
Comment 
------- 
 
6.  (C) While the TSJ's decision is welcome news, it is much 
too early to consider it a victory in the case.  The majority 
in the Penal Chamber is not Chavista, and they have ruled 
against the prosecution in other politically sensitive cases, 
only to have the case continue for one reason or another. 
The case successfully sidelined Sumate during the regional 
elections.  Maintaining it alive, albeit in suspense, can 
continue to be useful to the GoV. 
Brownfield 
 
 
NNNN 
      2004CARACA03395 - CONFIDENTIAL