US embassy cable - 04CARACAS3618

C O N F I D E N T I A L CARACAS 003618 
 
SIPDIS 
 
 
NSC FOR CBARTON 
USCINCSO ALSO FOR POLAD 
 
E.O. 12958: DECL: 05/25/2014 
TAGS: PHUM, KJUS, VE 
SUBJECT: SUMATE CASE TO GO FORWARD, BUT SLOWLY 
 
 
Classified By: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASONS 1.4 (d 
) 
 
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Summary 
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1.  (C)  A ruling by the Penal Chamber of Venezuela's Supreme 
Court November 16 is likely to result in a long delay in the 
case against the NGO Sumate.  The Chamber's ruling requires 
the lower court to admit several pieces of evidence into the 
case prior to a preliminary hearing, including testimony by 
four National Endowment for Democracy (NED) officials, which 
according to defense lawyers may take over a year. The Penal 
Chamber decision forbids the lower court from detaining the 
leaders of Sumate, determining that they are not a flight 
risk, or dangerous.  End Summary. 
 
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Penal Chamber Ruling 
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2.  (U)  The Penal Chamber of the Venezuelan Supreme Court 
ruled November 16 on various issues in the case against 
directors fo the NGO Sumate.  The Chamber ordered the lower 
court hearing the case to admit 3 of 13 pieces of evidence 
the defense had requested, and which the prosecutor, Luisa 
Ortega, and the control court had rejected.  The Chamber 
ordered the court not/not to order pre-trial detention for 
the suspects, ruling that they were neither dangerous, nor a 
flight risk.  Justice Alejandro Angulo Fontiveros, considered 
a strong Chavez supporter, wrote the decision. 
 
3.  (U)  The Penal Chamber ordered the court to admit as 
evidence transcripts Chavez' weekly television program Alo 
Presidente where he accused Sumate of receiving funds from 
the National Endowment for Democracy (NED) to overthrow the 
GOV, financial records which the defense claims prove that 
Sumate used the NED funds for licit purposes, and the 
testimony of 4 of the 32 NED officials the defense had 
requested. These are: President Carl Gershman; President of 
the Board of Directors Vin Weber; Vice President of the Board 
of Directors Thomas Danahue; and Treasurer Julie Finley. 
 
4.  (U)  The Chamber instructed the prosecutor to question 
the NED officials on four points, which the Chamber indicated 
demeaned Venezuela's democratic institutions. The first is 
Carl Gershman's statement, while visiting Venezuela, that 
Venezuela is "neither a democracy nor a dictatorship, but 
something in-between." The second is whether the NED 
considers democracy to be government by the majority. The 
third is whether the NED believes the mandates of the UN 
should be obeyed by member states. The fourth is exactly how 
Sumate spent the NED money it was given. 
 
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Defense Reaction 
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5.  (C)  Sumate defense lawyer Jesus Loreto told PolOff 
November 19 that the defense would request the testimony of 
the NED officials through letters rogatory. He said that in 
his experience this process could take a year or more.  He 
noted that the ruling was not clear  on whether the ten other 
pieces of evidence were disallowed, or just not specifically 
authorized. 
 
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Comment 
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6.  (C)  This ruling kicks the case against the Sumate 
directors down the road several months, at a time when the 
USG and others were exerting heavy pressure on the GOV and 
the Supreme Court to do something about the case.  The 
Supreme Court has an independent interest in maintaining its 
international standing, and the case was endangering it. The 
ruling delays, rather than solves the problem, but that may 
be the best the Supreme Court can do, given the obvious GOV 
interest in the case. 
Brownfield 
 
 
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      2004CARACA03618 - CONFIDENTIAL