US embassy cable - 05CARACAS2072

C O N F I D E N T I A L  CARACAS 002072 
 
SIPDIS 
 
 
NSC FOR CBARTON 
USCINCSO ALSO FOR POLAD 
 
E.O. 12958: DECL: 02/25/2014 
TAGS: PGOV, PHUM, VE 
SUBJECT: SUMATE LEADERS TO BE TRIED; NO INCARCERATION 
ORDERED 
 
 
Classified By: POLITICAL COUNSELOR ABELARDO A. ARIAS FOR REASONS 1.4 (d 
) 
 
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SUMMARY 
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1.  (C) A Caracas court ruled July 7 that Sumate's leaders - 
Maria Corina Machado, Alejandro Plaz, Luis Enrique Palacios 
and Ricardo Estevez - would stand trial for conspiracy for 
accepting National Endowment for Democracy (NED) funds.  The 
court did not/not order detention measures for Sumate's 
leadership pending trial, despite the prosecution's 
insistence that they posed a flight risk.  If convicted, 
Sumate's leadership could face prison terms of up to sixteen 
years.  In the press conference following the judge's ruling, 
Machado encouraged Sumate volunteers to press forward on the 
second phase of the NGO's campaign to challenge 
irregularities in Venezuela's electoral registry. A trial 
date has not yet been set.  End summary. 
 
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Sumate Leaders To Be Tried for Conspiracy 
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2.  (U) After numerous court delays and much speculation, a 
Caracas court ruled July 7 that Sumate's leadership - Maria 
Corina Machado, Alejandro Plaz, Luis Enrique Palacios and 
Ricardo Estevez - would stand trial for conspiracy under 
Article 132 of the Venezuelan penal code.  Article 132 reads 
in part that "(Venezuelans) who conspire to destroy the 
republican political system that governs the nation will be 
punished with eight to sixteen years in 
prison...(Venezuelans) who ask for foreign intervention in 
domestic political affairs...are subject to the same 
punishment."  Machado and Plaz are charged with conspiracy, 
while Palacios and Estevez face the lesser charge of 
complicity in the crime of conspiracy, allegedly committed 
with NED funds. 
 
3.  (U) The court ruled that Sumate's leadership should not 
be incarcerated during the trial.  In November 2004, the 
Penal Chamber of Venezuela's Supreme Court ruled that no 
detention measures be ordered against the group because they 
were neither dangerous nor a flight risk.  The prosecution 
had requested that Machado and Plaz be incarcerated pending 
trial and that secondary detainment measures which included 
an order not to leave the country be issued against Estevez 
and Palacios.  The defense challenged the prosecution's 
continued insistence on incarceration, stating that "Supreme 
Court decisions are not open to appeal and are obligatory." 
 
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Sumate Reacts 
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4.  (U) At the press conference following the ruling, Machado 
and Plaz voiced disappointment with the court's decision. 
Sumate's defense lawyer Juan Martin Echeverria told reporters 
that the court had admitted all of the prosecution's 
evidence, while admitting only part of the defense's. 
Echeverria pointed out that in admitting only part of the 
defense's arguments, the court had directly contravened a 
November 2004 Venezuelan Supreme Court order.  Under that 
order, Sumate is also to have the opportunity to obtain 
testimony from members of the National Endowment for 
Democracy board, which as Sumate's lawyers note, they still 
plan to do. 
 
5.  (U) Machado used the press conference to encourage Sumate 
volunteers in the fight for clean elections.  She asserted 
that the proceedings against Sumate formed part of a strategy 
of persecution designed to limit the organization's 
participation in civic life, stating that "They want to 
intimidate us in order to paralyze our campaigns of citizen 
education, mobilization and participation."  She urged Sumate 
volunteers to press forward on the second phase of the NGO's 
campaign to challenge irregularities in Venezuela's electoral 
registry. 
 
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Limited Observer Presence Expected to Expand 
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6.  (C) American Bar Association (ABA) InternatiQHuman 
Rights Trial Observer Project representative Doug Cassel told 
the Ambassador July 7 that observer presence at the hearing 
July 6 was limited to the ABA. PolCouns confirmed that the 
Europeans had not sent observers.  Cassel said the ABA's 
preliminary report on the proceedings against Sumate would be 
presented to ABA's board in August.  The criteria the ABA 
will use to judge the legality of the proceedings against 
Sumate include: whether Article 132 of the Venezuelan penal 
code meets international standards of clarity and precision, 
whether there are procedural issues such as the non-random 
appointment of judges to the case that impede a fair trial, 
and the broader context of the politicization of Venezuela's 
judiciary.  Cassel added that he would most likely recommend 
that the ABA publish the report which would generate further 
international support for Sumate. 
 
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COMMENT 
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7.  (C) The court's decision to proceed with Sumate's trial 
was not unexpected.  The next step is for the court system to 
select a trial venue.  Although according to procedures this 
is to be accomplished at random, as in practically all of the 
politically motivated cases currently coursing through 
Venezuela's judiciary, the judge and court are likely to be 
among the handful identified with the government.  The 
process itself is unlikely to be speedy.  It benefits Chavez 
to have the matter hanging over the Sumate leaders.  The 
unresolved prosecution with possible jail time is a 
convenient electoral issue, intimidates Sumate members, and 
serves as a warning to all politically active NGO's in 
Venezuela.  Embassy Caracas will follow the case closely.  We 
would also urge the Department to continue communication with 
NED officials regarding the Sumate's defense in obtaining 
testimony for the trial. 
Brownfield 
 
 
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      2005CARACA02072 - CONFIDENTIAL