US embassy cable - 05CARACAS953

C O N F I D E N T I A L  CARACAS 000953 
 
SIPDIS 
 
 
NSC FOR CBARTON 
USCINCSO ALSO FOR POLAD 
 
E.O. 12958: DECL: 02/25/2014 
TAGS: PGOV, PHUM, KJUS, VE 
SUBJECT: PURGE POLITICIZES VENEZUELAN PROSECUTORS 
 
Classified By: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASONS 1.4 (d 
) 
 
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Summary 
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1.  (C)  Venezuela's Attorney General's Office, under Isaias 
Rodriguez, has become a hierarchical and centralized 
organization, closely linked to the executive branch through 
Rodriguez's personal loyalty to President Hugo Chavez.  Over 
80 prosecutors have been fired in the last year, in alleged 
violation of the law.  At the same time a small group of 
allegedly "political" prosecutors have had the lead on almost 
all the high profile prosecutions in the last year.  The 
institutional deterioration of the Attorney General's Office 
has led to charges of politicization and ineffectiveness 
which call into question the organization's respect for human 
rights.  End Summary. 
 
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Purge 
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2.  (C)  In the last year over 80 prosecutors have been fired 
from the Attorney General's Office, according to various 
sources.  On March 18 the newspaper Quinto Dia published a 
list of 80 prosecutors who had been "removed, retired or 
substituted", reportedly taken from an internal document. 
Claudia Mujica, a former prosecutor who represents 25 
prosecutors in wrongful dismissal cases, however, told poloff 
March 21 that 200 prosecutors had been fired in the last 
year.  Former prosecutor Theresly Malave told poloff February 
28 that the firings began in April 2004, with the dismissal, 
after a long disciplinary investigation, of herself and 
Americo Gloria.  The firings continued, according to Malave, 
first targeting a group of 60 prosecutors who signed a letter 
calling on Attorney General Isaias Rodriguez to resign on 
April 12, 2002.  Prosecutors who signed the presidential 
recall petition were the next target, she said, followed now 
by those who speak out against irregularities within the 
Attorney General's Office. Ramon Medina, former Director of 
Criminal Prosecution in the Attorney General's Office until 
resigning under pressure in March 2004, estimated that 75% of 
the prosecutors trained by the USG from 1999 to 2001 have 
been fired, or transferred to remote locations in the last 
year. 
 
3.  (C)  The majority of the prosecutors have been fired with 
a simple letter, according to Mujica, allegedly in violation 
of the 1998 Organic Law of the Attorney General's Office. 
That law states that within a year of the law being passed a 
system was to be set up to tenure all prosecutors.  Those 
with more than ten years experience could pass an alternative 
evaluation to achieve tenure. According to the law, until the 
exams and evaluations are organized, "those occupying such 
positions will continue in them."  Sabino Montrane, former 
Director of the Attorney General's Office's Institute of 
Superior Studies, fired in October 2004, told poloff March 21 
the exams were never organized.  Former prosecutor Luis 
Gandica, who resigned after the Attorney General failed to 
protect him from threats from corrupt policemen, told poloff 
March 15 that Rodriguez believes that all prosecutors should 
serve at the pleasure of the Attorney General, and has 
interpreted the law to fit his model. 
 
4.  (C)  Montrane said fired prosecutors are appealing their 
dismissals through the Administrative Courts system, but the 
cases are piling up because no judge dares rule that the 
fired prosecutors are right.  Americo Gloria, told poloff 
March 22 that the 6th Administrative Court has ruled that the 
firings of the prosecutors are illegal, and that the 
prosecutors should be re-hired. The Attorney General's Office 
has appealed to the Administrative Appeals Court, however, 
which is taking 3-5 years to decide cases, and is politically 
loyal to President Chavez.  Gloria said the judge reviewing 
his case was told that if he ruled in favor of Gloria, he 
would be replaced. 
 
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Betrayal and Loyalty 
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5.  (C)  Rodriguez's reorganization of the Attorney General's 
Office stems from the events of April 2002, and his belief 
that some prosecutors betrayed him by not defending President 
Hugo Chavez, according to Medina.  The release of a letter by 
60 prosecutors on April 12, 2002 and the active involvement 
of some prosecutors in arrests and searches on that day, 
changed Rodriguez's attitude.  Malave said that Rodriguez 
called a meeting of 100 prosecutors on April 18 to accuse 
them of betraying him.  According to Montrane, Rodriguez 
waited several months before beginning to take action against 
the prosecutors he considered disloyal, yet were among the 
most experienced and respected in the institution.  Montrane 
estimated that 95% of prosecutors supported the opposition in 
2002.  Medina said that in December 2003 Rodriguez ordered an 
end to the system whereby new prosecutors were chosen on a 
competitive basis. According to Medina, Rodriguez asked him, 
prior to ending the system, "why do you always select the 
esqualidos (middle class) and opposition people?"  Since then 
new prosecutors are chosen by Rodriguez alone, based on 
recommendations from members of the GOV, according to Medina, 
who complained that many of those hired cannot answer basic 
legal questions.  Luis Diaz, fired on March 18, told poloff 
on March 22 that the situation became worse after the death 
of Danilo Anderson, November 18, when Rodriguez allegedly 
promised to rid the Attorney General's Office of traitors 
 
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Political Prosecutors or Opportunists? 
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6.  (C)  According to Diaz, a group of approximately 14 
prosecutors now runs the Attorney General's Office, 
coordinated by Felix Mercadez.  Diaz alleged that this group 
of "political prosecutors" decides personnel issues and case 
distributions. According to Diaz, most of the members of this 
group are using politics to increase their personal power, 
but would not be willing to take risks to defend the 
revolution.  Medina called Mercadez a fixer, who is willing 
to carry out any order he is given, regardless of its 
legality. Medina said Rodriguez does not like to do the dirty 
work he is assigned by the GOV, and alleged that Mercadez has 
standing orders from Rodriguez to obey certain people outside 
the Attorney General's Office, including Ministers, who call 
with instructions. 
 
7.  (C)  For Medina, opportunism motivates the "political 
prosecutors" who support Rodriguez. Medina alleged that 
political prosecutions begin with an announcement from 
Rodriguez targeting a certain person.  Young prosecutors look 
at deceased prosecutor Danilo Anderson's rise to power and 
fame, Montrane asserted, and decide that putting themselves 
at the disposal of the GOV is a quick way to rise in the 
Attorney General's Office.  Gandica charged that veteran 
prosecutors are being fired in favor of automatons who simply 
carry out Rodriguez,s orders on political prosecutions. 
Gandica complained that these favored prosecutors have 
privileges which range from bonuses and body guards to direct 
access to Rodriguez's office.  The favored prosecutors have 
no idea how to investigate a case, according to Gandica, but 
it doesn't matter because their cases are always assigned to 
equally political judges, who work with them to bring about 
the "correct" result. 
 
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Keeping Their Heads Down 
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8.  (C)  Montrane said "independent" prosecutors try to avoid 
trouble, and prosecute common street crime.  They delay, and 
avoid cases that might bring trouble, such as drug cases that 
might involve FARC participation, or cases of corruption 
involving Chavez supporters.  Gandica was still bitter about 
the lack of support he received after discovering a 
kidnapping ring in Bolivar State linked to high ranking 
police officials.  Medina, whose wife still works in the 
Attorney General's office, described the situation inside the 
institution as horrible.  Chavistas are now being fired as 
well, in a system where an accusation whispered in the 
correct ear can get anyone fired.  Medina blamed a lack of 
management for the problem, as Directors and prosecutors 
spend more time defending themselves from attacks than doing 
E 
 
their jobs. Medina said Rodriguez had rewarded those who 
would do the dirty work for him, and punished the independent 
leaders (like Medina) who were willing to tell him what was 
really going on in the institution.  Prosecutors do not want 
to take chances, or make too big an effort to stick out, 
Medina said, lest they arouse suspicion or jealousy ) either 
one of which can get you fired.  Gloria and Diaz asserted 
that Rodriguez wants mediocre people because they are easier 
to control than competent and independent people. 
 
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Comment 
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9.  (C)  The changes in the Attorney General's Office have 
practically eliminated the concept of prosecutorial 
independence, while turning the institution into a reliable 
tool for political intimidation.  Just by opening an 
investigation, prosecutors can threaten and intimidate a 
person with jail, house arrest, or travel restrictions, given 
the government's ability to link prosecutors with pliant 
judges. While manipulating the justice system, the GOV 
nonetheless hopes to mask its repression, by claiming a 
separate independent branch of government respects due 
process.  The elimination of prosecutorial independence, the 
purging of experienced and independent prosecutors, and the 
rise to prominence of the opportunistic "political 
prosecutors", together with the increasing attacks against 
judicial independence, however, belies the existence of due 
process in Venezuela at this time. 
Brownfield