US embassy cable - 05CARACAS1522

C O N F I D E N T I A L  CARACAS 001522 
 
SIPDIS 
 
 
NSC FOR CBARTON 
USCINCSO ALSO FOR POLAD 
 
E.O. 12958: DECL: 02/25/2014 
TAGS: PGOV, PHUM, KJUS, VE 
SUBJECT: VENEZUELAN JUDICIAL PURGES: ENDING CORRUPTION OR 
OPPOSITION? 
 
 
Classified By: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASON 1.4 (d) 
 
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Summary 
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1.  (U)  The Venezuelan Supreme Court removed 53 judges, a 
mix of tenured and provisional magistrates, in the states of 
Lara, Tachira, Falcon, Vargas, and the city of Caracas in 
early May, accusing them of complicity with drug traffickers 
and other irregularities.  Supreme Court Judicial Committee 
President Luis Velazquez Alvaray told reporters May 7 80% of 
all judges could eventually be removed.  On May 4 Supreme 
Court Justice Carman Porras announced that the Court would 
begin a process to give tenure to all provisional judges May 
16.  End Summary. 
 
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Provincial Purges 
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2.  (U)  Supreme Court Judicial Commission President Luis 
Velazquez Alvaray announced May 2 that 16 judges had been 
fired in Lara State, the courts taken over by the National 
Guard, and shut down temporarily.  Velazquez accused the 
judges of criminal behavior and links to drug traffickers, 
adding that the measure was the beginning of a drive to 
reform the judicial system throughout the country.  Two days 
later, Velazquez announced the suspension of 26 judges in 
Tachira State and one in Vargas State.  Supreme Court Justice 
Luis Ortiz, who is also head of the Judicial Inspectorate, 
said an additional nine judges had been removed in Falcon 
State, and two in Caracas.  Velazquez and Ortiz used the 
terms "suspended", "fired", and "removed" interchangeably, 
leaving it unclear exactly what actions have been taken. 
Velazquez noted that 41 of the 42 judges affected in Lara and 
Tachira States were tenured judges.  The total number of 
judges affected was 53. 
 
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Death of Tenure? 
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3.  (C)  On May 5 Supreme Court President Omar Mora told 
reporters untenured judges suspected of wrongdoing would be 
fired outright, while tenured judges would be suspended 
indefinitely without pay while under investigation.  The 
Judicial Commission first used this penalty against a tenured 
judge February 3, when it suspended 10th Appeals Court of 
Caracas Judge Hertzen Vilela after his court revoked a lower 
court order in the Carmona Decree case.  4th Appeals Court 
Judge Liliana Vaudo told poloff March 10 that up until the 
Vilela suspension, tenured judges had been suspended by the 
Judicial Committee with pay, until a disciplinary panel 
investigation determined if a sanction should be applied. 
2nd Appeals Court Judge Clotilde Condado told poloff March 28 
that the Vilela decision was instrumental in creating an 
atmosphere of fear in the courts, especially among tenured 
judges, who have been among the few remaining independent 
judges. 
 
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Replacements Ready to Go 
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4.  (C)  Jose Rosario Gonzalez, President of the Tachira 
State Legislature for the Movimiento Quinta Republica (MVR), 
told reporters May 4 that the MVR had a list of proposed 
substitutes for the dismissed judges ready and would submit 
it to the Supreme Court.  Pedro Pablo Alcantara, National 
Assembly Deputy for Lara State (Accion Democratica), told 
poloffs May 5 that the Supreme Court was replacing corrupt 
Chavista judges who would be unable to pass the planned exam 
for tenuring and substituting them for more capable 
candidates, who would then be in position to become permanent 
tenured judges. 
 
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What the Future Holds 
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5.  (U)  Supreme Court Justice Carmen Elvigia Porras, who is 
responsible for the Supreme Court's Judicial School, 
announced on May 4 that courses would begin on May 16 to give 
 
 
tenure to provisional judges.  Following the month long 
courses provisional judges will take an exam, evaluated by 
Supreme Court justices, and receive tenure on passing.  The 
first judges evaluated will be the 138 provisional appeals 
court judges in the country, according to Porras. 
 
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MVR Critique 
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6.  (C)  MVR Deputy Roberto Quintero told poloff April 22 
that since Chavez's election, the judicial system has only 
gotten worse.  He said incompetent judges had been hired, and 
that corrupt officials have misused resources for the justice 
system.  Quintero said Velazquez has the support of Chavez 
and the MVR to reform the system.  He said new judges are 
needed, but they should not be selected on the basis of 
loyalty, but rather capability, reputation, and training. 
MVR Deputy Luis Tascon told poloff April 28 that the use of 
the referendum petition signers list in selecting applicants 
was justified in the cases of judges and prosecutors, who had 
to be loyal to the state and the constitution.  He said that 
while the quality of the people the government named as 
judges and prosecutors is inferior to the opposition 
supporters who were being removed, it is an unavoidable price 
to pay, and that the situation would improve in 20 years 
after the creation of the "new man" was complete. 
 
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Comment 
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7.  (C)  The provincial purge of judges is the beginning of a 
major shakeup in the Venezuelan judiciary.  While it seems 
likely that many of the remaining independent judges will be 
affected, some of the corrupt, lazy, and incompetent 
"Bolivarian" judges may also end up being removed. 
Meanwhile, the Supreme Court will probably move forward 
quickly to tenure Venezuela's judges, in an attempt to 
undercut the charge that its judges are not independent 
because of their provisional status.  The GOV will not give 
up political control of the courts.  At best, the new process 
is aimed at cleaning up some of the corruption in the system. 
 At worst, it is aimed at purging the last remnants of 
judicial independence while replacing judges loyal to the 
former Supreme Court leadership with judges loyal to the new 
leadership. 
Brownfield 
 
 
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      2005CARACA01522 - CONFIDENTIAL