US embassy cable - 05CARACAS498

C O N F I D E N T I A L  CARACAS 000498 
 
SIPDIS 
 
 
NSC FOR TSHANNON AND CBARTON 
HQ USSOUTHCOM ALSO FOR POLAD 
STATE PASS USAID FOR DCHA/OTI 
 
E.O. 12958: DECL: 02/14/2015 
TAGS: PGOV, PHUM, KDEM, VE 
SUBJECT: OPPOSITION LEGAL CRUSADER SENTENCED FOR DEFAMATION 
 
REF: A. 04 STATE 3944 
     B. 04 CARACAS 3291 
 
Classified By: Abelardo A. Arias, Political Counselor, 
for Reasons 1.4(b). 
 
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Summary 
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1. (C) Constitutional lawyer Tulio Alvarez_ was sentenced on 
February 10 to two years and three months in prison for 
defamation of character in a trial fraught with 
irregularities.  Alvarez_ received the sentence for accusing 
pro-Chavez legislator Willian Lara of corruption in the 
handling of National Assembly funds.  Alvarez_, who was the 
editor of the opposition's report of fraud in last year's 
recall referendum, made the allegedly defamatory comments in 
public discussion of the case of former National Assembly 
workers who he represents.  The workers allege Lara 
wrongfully dismissed them and then denied them pension 
rights.  Now facing a prison sentence, Alvarez_ says he will 
mount a "political resistance" movement against President 
Hugo Chavez, with the goal of an opposition boycott of next 
year's presidential elections if the electoral system is not 
fixed.  End summary. 
 
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Whistleblower Sentenced 
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2. (U) High profile Venezuelan lawyer Tulio Alvarez_ was 
sentenced on February 10 to two years and three months in 
prison for defaming of character against a pro-Chavez 
legislator.  Alvarez_, representing an association of former 
National Assembly workers, filed charges against Willian 
Lara, a Fifth Republic Movement (MVR) Deputy, for misuse of 
pension funds when the latter was president of the National 
Assembly.  When Alvarez_ commented publicly on the case to the 
press, Lara sued Alvarez_ for defamation of character.  The 
sentence handed down lengthens the normal criminal libel 
punishment because the offense was "aggravated" (printed in 
the press) and "continuous" (Alvarez_ repeated his 
allegations, even after being convicted).  The sentence 
should be published by February 20, after which Alvarez_ has 
10 days to appeal.  The time periods give Alvarez_ up to two 
months before he is incarcerated.  (Note:  Alvarez_ had 
previously gained notoriety for alleging corruption in the 
administration of President Hugo Chavez, including several 
cases personally implicating Chavez.  The Attorney General 
has taken no action on Alvarez_'s complaints.) 
 
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Irregularities/Harassment In Trial 
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3.(C) Alvarez_ told poloff February 11 his case was an 
egregious violation of due process.  The case proceeded at an 
incredibly fast pace by Venezuelan standards, pushed by 
Lara's attorney Esther Bigott, who is known as Chavez's 
personal lawyer.  A representative of the pensioners' 
association testifying on Alvarez_'s behalf, for example, was 
detained briefly when Bigott accused the witness of lying. 
Alvarez_ noted also that the judge took the unprecedented step 
of issuing a travel restriction on Alvarez_ prior to the 
trial, which he called a rarity in libel cases (ref a).  "My 
only crime," he said, "was to given an opinion." 
 
4. (C) Alvarez_ also said he was being personally harassed. 
The evening after sentence was handed down, for example, 
someone ransacked his law office, destroying two computers in 
the process.  Alvarez_ said the intruders, who were not 
identified, defecated on his legal papers.  Additionally, he 
said, investigators had broken into his Hotmail e-mail 
account and intercepted his e-mails.  Alvarez_ said a trial 
witness told him the judge had shown her correspondence 
between Alvarez_ and her.  Alvarez_ asserted that commandos 
from the GOV's intelligence service (DISIP) had been 
following him throughout the proceedings.  He told poloff he 
had expected to go straight to jail and did not understand 
why he had been allowed to remain free pending appeal. 
Rather than seek asylum in another country, Alvarez_ said, he 
is prepared to serve out his time. 
 
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A Political Lynching 
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5. (C) Upon being sentenced, Alvarez_ mirthfully told 
reporters he had undergone a political lynching.  He said 
that from that day forward, he would no longer work as an 
attorney because "the law no longer exists."  (The sentence 
does not prohibit him from practicing law, and Alvarez_ has 
also said he would continue to work for his clients' 
interests.)  He told poloff the motive behind his political 
persecution was to halt his fraud investigation, which he had 
coordinated on behalf of the Coordinadora Democratica after 
the recall referendum (ref b).  Alvarez_ had made a successful 
trip to Colombia in December to give conferences about fraud 
in the August 2004 referendum.  Alvarez_ said he also had 
given the Government of Colombia evidence of FARC guerrillas 
who had been given national identity cards in the states of 
Apure and Amazonas in the run-up to the referendum.  He said 
the GOV knew of his plans to travel to New York and Madrid in 
January to give additional presentations, which is why the 
judge put him on travel restriction. 
 
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The "Political Resistance" Begins 
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6. (C) Alvarez_ said the political "opposition" is dead and 
that Venezuela is entering the phase of "political 
resistance" to an authoritarian regime.  He said Chavez's two 
vulnerabilities are the crimes against humanity committed on 
April 11, 2002, and the August 15 referendum vote fraud. 
Alvarez_ said he planned to publish a book about the fraud in 
March, followed by a book on April 11 later in the year. 
(Alvarez_ is also a published humor writer). 
 
7. (C) Alvarez_ said he has also been working with U.S. 
filmmaker Steve York on a documentary about the period 
between April 11 and August 15 (York did the film "Bringing 
Down a Dictator" about Slobodan Milosevic's downfall).  He 
also plans to appeal his case to the Inter-American Court of 
Human Rights.  Alvarez_ said he has been in regular 
communication with the Canadian, Spanish, and Dutch 
ambassadors.  He is working with FUNDAES, a local human 
rights NGO, to foster support for his case. 
 
8. (C) Alvarez_ told poloff he has also formed "Fundacion 
Verdad Venezuela" ("Venezuela Truth Foundation") to defend 
democratic ideals, the rule of law, and freedom of 
expression.  He said he has spurned approaches by political 
parties offering support.  The foundation will push two 
themes:  unity among opposition groups and the right to 
participate.  Alvarez_ said the first target is the board of 
the National Electoral Council (CNE), which he said is 
subordinated to Chavez.  He said he is preparing proof of 
corruption among the CNE board members in the acquisition of 
the electronic voting machines.  Alvarez_ said the goal is for 
the opposition to gain democratic space via the electoral 
system.  If free and fair elections are not possible, Alvarez_ 
said, he will advocate an opposition boycott in future 
elections. 
 
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Comment 
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9. (C) Alvarez_ is an intelligent lawyer who has resisted 
formally linking himself to the opposition.  His attacks on 
the GOV have been smart, perhaps a little splashy, but 
usually well documented.  His prosecution is clearly an 
attempt to silence a political opponent of Chavez.  We expect 
it to have little of the desired effect on Alvarez_, at least 
during the time it takes his appeal to wend through 
Venezuela's courts.  Jailing Alvarez_, if it comes to pass, 
would be a milestone event that could energize Chavez 
opponents; but because of Alvarez_'s loner style, the spark 
may fall short of being a substantial catalyst. 
 
Brownfield 
 
 
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      2005CARACA00498 - CONFIDENTIAL