Corruption undermines Venezuelan democracy Impunit in cases of anonymous threats agains journalists in Venezuela Constitutional Chamber of Supreme Court favors the government Pro-government political party physically attacks members of the Democratic Alternative and bars them from speaking in parliament

1. 1
VENEZUELA
ALERT
For free, fair, and competitive elections
VENEZUELA
ALERT
For free, fair,
and competitive
elections
Nicolás Maduro’s administration has initiated a battle against corruption in Ve-
nezuela, arresting (low-level) public servants involved in bribery and influence-
peddlingcrimes.Unfortunately,theproblemismuchmorecomplexandunlikely
to be solved by going after those who commit minor offenses. The perception
of impunity that has existed for more than a decade unfortunately encourages
corruption at all levels.
Corruption and discredit
undermine Venezuelan
democracy
EDITORIAL
photo: www.6topoder.com

2. 32
VENEZUELA
ALERT
VENEZUELA
ALERT
For free, fair, and competitive elections For free, fair, and competitive elections
PLAN BOLÍVAR 2000. This involved not one but se-
veral cases of corruption. Recently arrived from Miraflores
in 1999, Hugo Chávez launched a series of social programs
that the National Armed Forces carried out under the pre-
mise of the “civilian-military alliance.” Under the guise of
the so-called Plan Bolívar 2000, soldiers were repairing
farmhouses and selling foodstuffs. The program was ex-
tended for more than three years, and turned out to be
riddled with amended invoices and post-dated checks.
In Guárico, for example, a soldier was recorded cashing a
check—under the orders of General Melvin López Hidal-
go– that was made out to a hardware dealer. The Office
of the Comptroller issued a report finding numerous un-
lawful acts, but Chávez came to the defense of General
Manuel Rosendo and others, stating:“It is probably an ad-
ministrative infraction that requires a fine (...) but it is not
a huge deal.”
DIOSDADO CABELLO.The cases documented at the
beginning of 2009 against PSUV leaders Luis Felipe Acosta
Carlez, Diosdado Cabello, Ronald Blanco La Cruz, Gian Car-
lo Di Martino,José Vicente Rangel Ávalos,and Juan Barreto
add up to more than US$711 million, a sum with which a
hospital could have been built in each one of the towns
where they govern. The opposition won Carabobo, Miran-
da,Táchira,Maracaibo, the municipality of Sucre and Cara-
cas during that time, and subsequently lodged a number
of complaints before the Office of the Comptroller and the
Office of the Public Prosecutor that were simply shelved.
Although there were other cases that were more serious
in terms of sheer numbers,in one notable case in Miranda,
Cabello earmarked over 400 million (old) bolívares for two
supposedly remodeled bathrooms, which had rudimen-
tary tiles and fixtures.
VENEZUELA
ALERT
VENEZUELA
ALERT
For free, fair, and competitive elections For free, fair, and competitive elections
The fragile nature of Venezuelan institutions,
especially those that should be engaged in
the service of justice, encourages this impuni-
ty. Clearly, it is very complicated to assess the
harm caused by the vicious circle of impunity
and corruption; nevertheless, it is obvious that
there is a public perception that people hold
government positions in order to take advan-
tage of them.
The fight against corruption must be compre-
hensive, because there are many variables in-
volved in this issue: government, private sector,
citizens, etc.
Venezuela is the most corrupt country in Latin
America because, unlike other States, it has not
taken specific measures to combat impunity.
Most of the requirements set forth in the Inter-
American Convention against Corruption and
the United Nations Convention against Co-
rruption have still not been met—for example,
the enactment of the law on access to public
information.
A summary of the most important cases of co-
rruption in Venezuela –which have still not
been addressed—perfectly describes the dis-
credit and sense of impunity, which are varia-
bles that must be given immediate attention.
Foto:www.abcdelasemana.com
1 Corruption Perception Index (CPI) compiled by Transparency International (TI)
2 El Universal. February 17, 2013.
PDVAL. In 2010, more than 120,000 tons of decom-
posed food drew attention to a group of public servants
who were importing food with preferential dollars, just to
leave it sitting in the country’s ports paying freight costs.
The scandal blemished several key figures at PDVSA inclu-
ding Egli Ramírez, the uncle of Minister Rafael Ramírez.
According to the Public Ministry, 2.2 billion dollars were
lost—more than twice the cost of annual dairy consump-
tion in Venezuela. Three years later, the case has been a
hot potato that has passed through five courts; there are
only three defendants, and they are awaiting the sixth
judge from their homes. Although the law requires the
release of defendants who have been in pretrial detention
for more than one year, the PDVSA defendants are among
the few who actually enjoy this benefit.
photo: www.static.informe21.com
ILLARAMENDI. Businessman Francisco Illarramendi
plead guilty in March 2011, in a case of fraud in which the
money that was lost included US$540 million from the Pe-
tróleos de Venezuela [PDVSA] pension fund.The state-run
company made up for the losses sustained by its emplo-
yees, but Julio Montoya, Ismael García, and other opposi-
tion congressmen went to the Public Ministry to remind
it that Rafael Ramírez, in his capacity as the President of
PDVSA, was personally responsible for the banking tran-
sactions involving the pensioners’ funds. The official res-
ponse was to open an investigation, of which there has
been no news to date. The case, in any event, continues in
the United States courts, where a Connecticut court has
just turned Francisco Illarramendi over to a higher, federal
court.
photo: www.static.informe21.com
photo: www.analitica.com
photo: www.dossier33.com
EL MALETINAZO. Guido Antonini Wilson turned up
in Buenos Aires on August 4, 2007 with a suitcase full of
nearly US$800,000.This event uncovered a network of pu-
blic servants from both countries who had been traveling
with cash-filled suitcases without any type of tax records.
After this scandal, “el Gordo” Antonini surfaced in Miami
as a protected witness in a trial, in which he testified that
the famed“suitcase”was one of several that totaled US$5
million for Cristina Kirchner’s first presidential campaign.
Luisa Ortega Díaz then made her debut at the Office of
the Prosecutor General of Venezuela, asserting that what
was revealed in the United States had no impact in Vene-
zuela, while the Comptroller, Clodosbaldo Russián, promi-
sed to investigate. Years later, the Argentine Ambassador,
Eduardo Sadous, denounced the charging of commissions
on bilateral agreements.
BANCOS QUEBRADOS. In 2009, both the Gover-
nment and the opposition accused several bankers and
public servants of being responsible for a “financial cen-
trifuge” that made it possible to sell banks with the sa-
vings of other banks’ customers. Most of those involved
remained free and in the country,in spite of the arrest wa-
rrants that the Government issued through Interpol. The
15 banks that were taken over controlled 13% of deposits in
the financial system.They were small,but had exceptiona-
lly large deposits from public institutions. The treasurers
and public servants responsible were never touched; not
even the Superintendent of Banking,Edgar Hernández Be-
hrens, who authorized businessmen Pedro Torres Ciliberto
and Arné Chacón to acquire Central and Banco Real with
fictitious loans.
“I am going to go after corruption wherever it may be. I
am going to fight corruption with my own life if necessary.
There are no untouchables here.” Maduro’s declaration is
an initial step, but it is not enough. As long as there is a
perception of impunity, or the only complaints investiga-
ted are the ones about adversaries of the National Execu-
tive Branch, corruption will continue to guide the day-to-
day business of the Venezuelan State.

3. 54
VENEZUELA
ALERT
VENEZUELA
ALERT
For free, fair, and competitive elections For free, fair, and competitive elections
Control Ciudadano // http://www.controlciudadano.org/ @rociosanmiguel
On June 24, Venezuelans commemorate the Battle of
Carabobo, a historic feat that sealed the country’s inde-
pendence in 1821. For the past 64 years, Army Day has also
been commemorated, and military parades are usually
held to celebrate both dates.
On June 24, Venezuelans commemorate the Battle of
Carabobo, a historic feat that sealed the country’s inde-
pendence in 1821. For the past 64 years, Army Day has also
been commemorated, and military parades are usually
held to celebrate both dates.
Artícle 328.
The National Armed Forces is an essentially professional
institution, without political affiliation, organized by the
State to ensure the independence and sovereignty of the
Nation and to secure the integrity of its geographical te-
The cult of personality with State
resources: A crime of corruption
On June 24, Venezuelans commemorate the Battle of Carabobo, a historic feat that
sealed the country’s independence in 1821. For the past 64 years, Army Day has also
been commemorated, and military parades are usually held to celebrate both dates.
rritory, by means of military defense,
cooperation in the keeping of domes-
tic order, and active participation in
national development, in accordance
with this Constitution and the law. In
the discharge of its duties, it is at the
exclusive service of the Nation,and in
no case at the service of any person
or political group. (...) (bold emphasis
added).
Without regard for the constitutional
mandate, the civilian-military parade
was replete with praise for “the su-
preme commander of the revolution,”
as Hugo Chávez Frías is now ceremo-
niously referred to.This is reflected in
the following statements made by
military and civilian State authorities
for the occasion, some of which came
from the National Armed Forces and
were clearly threatening toward civil
society.
“7,650 men and women combatants,
patriots, revolutionaries, socialists,
anti-imperialists, and Chavistas re-
presenting the Bolivarian Army and
its people” took part in the event,
according to the parade commander,
Brigadier General Carlos Augusto
Leal Tellería,head of the 41st Armored
Brigade of the Venezuelan Army and
commander of the Integrated Defen-
se Operational Area (ZODI). He went
on to say, “Here we are, kneeling on
the ground, bayonets at the ready,
prepared to continue this fight un-
til we see the consolidation of the
great fatherland dreamed of by our
Liberator Simón Bolívar and our su-
preme and eternal commander, Hugo
Chávez.”
Major General Carlos Alcalá Cordo-
nes, Commander General of the Army
and the keynote speaker at the cere-
mony, stated, “The Army will never
give in to the threats, blackmail, and
pressures of any imperialist, whether
foreign or domestic, and it will conti-
nue to lead the defense of the revolu-
tionary process, whatever the conse-
quences may be.”
In his speech, Alcalá further stressed
that, “the Bolivarian Army has retur-
ned to Carabobo, to pay homage not
only to the heroes and heroines of
the battle of 1821, but especially to
commander Chávez,” emphasizing
that Chávez “liberated us from im-
perial bonds, mental ostracism, and
poverty.”
Media outlets covering the ceremony
portrayed Major General Carlos Alcalá
Cordones’ keynote speech as follows:
“it revolved around three essential
comparisons: Chávez to Bolívar, the
Bolivarian revolution to the achieve-
ment of independence,and the Battle
Photo: Rehearsals for the June 24, 2013 parade. Source: http://www.noticias24.com/
fotos/noticia/9545/en-fotos-la-fanb-realiza-ensayos-para-el-desfile-civico-militar-del-24-
de-junio-en-campo-carabobo/
photo: Government employees in the civilian-military parade of June 24, 2013.
www.lagranciudad.net/home/7-650-venezolanos-participaron-en-el-desfile-por-192-
anos-de-la-batalla-de-carabobo/

4. 76
VENEZUELA
ALERT
VENEZUELA
ALERT
For free, fair, and competitive elections For free, fair, and competitive elections
Transparencia Venezuela // http://www.transparencia.org.ve
/ @nomasguiso
Foto: laescobasocialista.blogspot.com
Photo:Televised image from June 24, 2013 on the mandatory government radio and
television broadcast: Source: www.el-nacional.com/politica/Usan-desfile-Junio-exaltar-
Chavez_0_214778703.html
¿Was corruption
exposed in
Venezuela?
Venezuelans were surprised over the past three weeks
to see the arrest of seven public servants from diffe-
rent levels and agencies of the State for alleged acts
of corruption. It is surprising because punitive actions
like these are out of the ordinary. Nevertheless, a
review of the information revealed leaves doubts as to
the type of crimes, scope, and size of the alleged cases
of extortion, and leads us to wonder what has chan-
ged in order for these arrests to be taking place now.
This is the information that is known to date:
Date of arrest:
12.06.2013
Arresting agency:
La Dirección General de Contra
IThe Military Counter-intelli-
gence Service (DGCMI) of the
Ministry of Defense, with the
assistance of the National
Investigation, Protection and Custody Office of the
National Integrated Customs and Tax Administration
Service (SENIAT)
Individuals arrested in the operation:
2 public servants
Names: unknown
Institution where employed: National Integrated
Customs and Tax Administration Service SENIAT, the
Venezuelan agency that collects taxes and oversees
the country’s customs.
Position: Public servants assigned to the Guarenas-
Guatire sector, under the Capital Region Internal Reve-
nue Administration; the exact duties they performed
within the agency are unknown.
Criminal offenses: extortion and criminal
conspiracy.
http://goo.gl/Zv9I9
of Carabobo to the 4F coup d’état.”
The members of the Executive Branch
also worshipped the cult of persona-
lity. Minister of Education Maryann
Hanson, when asked during the ce-
remony, stated: “Today we continue
the battle to maintain the fatherland
that was bequeathed to us by our
Liberator Simón Bolívar, but that we
also managed to rebuild with our
supreme commander, our eternal
commander,our beloved commander
Hugo Chávez.”
Venezuela will again go to the polls
next December 8, this time to elect
local authorities throughout the
country. And once again, the powers
that be will commit every kind of
abuse to impose the party of the go-
vernment in the election results.
The perpetuation of the Chávez cult
of personality with State resources
will be the key factor supporting the
pro-government campaign, it being
impossible in Venezuela to enforce
this modest and basic provision of
the current Anti-Corruption Act:
Artícle 68.
Any public servant who, in the abuse
of his or her duties, uses his or her po-
sition to either favor or harm a can-
didate,group,party,or political move-
ment in an election shall be subject
to a term of imprisonment from one
(1) to three (3) years.
Date of arrest: 19.06.2013
Arresting agency:
Bolivarian Intelligence Service
(SEBIN)
Individuals arrested in the ope-
ration: one public servant and 3
bodyguards.
Names: Carlos Ricardo Sánchez
Atencio.
Institution where employed: National Integrated
Customs and Tax Administration Service (SENIAT), the
Venezuelan agency that collects taxes and oversees the
country’s customs..
Position: General Manager of the SENIAT in the State of
Vargas / Operations Chief of the Main Maritime Customs
of La Guaira
Criminal offenses: money laundering and criminal
conspiracy.
http://goo.gl/DKnnu
Date of arrest: 12.06.2013
Arresting agency: a mixed mili-
tary intelligence commission
Individuals arrested in the
operation: one.
Names: Radwan Sabbagh
Institution where employed:
Ferrominera del Orinoco, a Vene-
zuelan State-owned company that mines and processes
iron ore and its derivatives.
Position: Sabbagh ejercía la presidencia de Ferrominera
del Orinoco, hasta que fue destituido el pasado 3 de mayo
de 2013 por el presidente Nicolás Maduro. Estuvo en el
cargo durante siete años.
Criminal offenses: He is accused of irregularities pertai-
ning to the nighttime shipment of iron without com-
pliance with the proper protocols, and of involvement
with metal-trafficking mafias.
http://goo.gl/DKnnu
Date of arrest: 09.06.2013
Arresting agency: The Military
Counter-intelligence Service
(DGCMI)
Individuals arrested in the ope-
ration: one
Names: Trino Martínez
Institution where employed:
Institute for the Defense of People’s Access to Goods and
Services (INDEPABIS), the agency responsible for consu-
mer protection.
Position: National Director of Inspection and Oversight.
Criminal offenses: He is accused of being a member of
a criminal gang that was extorting merchants in Caracas.
http://goo.gl/M1QHZ
Date of arrest: 14.06.2013
Arresting agency:
The Military Intelligence Bureau
(DIM)
Individuals arrested in the
operation: one
Names: Luis García
Institution where employed:
Institute for the Defense of People’s Access to Goods and
Services (INDEPABIS), the agency responsible for consu-
mer protection.
Position: Regional Coordinator of the Institute for the
Protection of Goods and Services (INDEPABIS) in the State
of Sucre.
Criminal offenses: He is accused of allegedly reselling
merchandise seized by the agency at a premium.
http://goo.gl/NcvzK
Date of arrest: 20.06.2013
Arresting agency:
Scientific, Criminal and Forensic
Investigation Agency (CICPC)
Individuals arrested in the
operation: una.
Names: Elba Martínez
Institution where employed: Ministry of Health.
Position: Ministry of Health Inspector.
Criminal offenses: She is accused of the criminal
offenses of aggravated corruption and the use of false
certifications, for allegedly having requested money from
a merchant to approve a health inspection.
http://goo.gl/whz94

5. 98
VENEZUELA
ALERT
VENEZUELA
ALERT
For free, fair, and competitive elections For free, fair, and competitive elections
Un Estado de Derecho
Foto: www.lapatilla.com
We would like to think that the arrest
of these seven individuals is the be-
ginning of a sustained action against
impunity with regard to corruption,
but after more than fifteen years of
false promises, we need more solid
proof that these are more than sen-
sationalist demonstrations of good
intentions.
It is necessary to guarantee the due
process rights of the persons arrested
and involved, and for the Executive
Branch not to interfere in the inves-
tigations. The entire State apparatus
must be investigated, especially whe-
re there are significant risks of corrup-
tion due to its power to affect citizens’
rights with the approval or denial of
permits, authorizations, oversight,
licenses, etc., and/or where there are
repeated public denunciations, such
as: the prisons, the Foreign Exchange
Administration Commission (CADIVI),
the customs service, the Great Vene-
zuelan Housing Mission [Gran Misión
Vivienda Venezuela], and many other
places where complaints are lodged
daily without anyone in the govern-
ment opening an investigation.
But we are concerned about some
other things as well.
Why is the Military Counter-intelli-
gence Service heading the investiga-
tion of civil corruption in these cases?
Corruption within Executive Branch
agencies is not a military matter. The
investigations should be in the hands
of the competent bodies of the Judi-
ciary, the Office of the Prosecutor Ge-
neral of Venezuela, the Office of the
Comptroller General of Venezuela,
and the expert forensic police units.
On June 15, President Nicolás Maduro,
expressing great determination, an-
nounced the “secret anti-corruption
investigations body” headed by his
office. The fight against corruption
is much more complex; it cannot be
done with investigations in the hands
of members of the military or secret
executive agencies. The institutions
of the Venezuelan justice system
must have the resources, technolo-
gy, and security to make progress in
corruption investigations, where they
will confront powerful and dange-
rous networks. The Judiciary must
have the constitutional independen-
ce and autonomy to ensure that the-
re will be no conflicts of interest or
political/electoral diversions.
The fight against corruption requires
direct and exemplary legal,social,and
political sanctions against impunity,
but it is up to the Executive Branch to
prevent and control corruption under
the principle of transparency, with a
complete prevention program. Trans-
parency Venezuela submitted the An-
ti-corruption Program for Venezuela
(link: http://ow.ly/m6OJi) to the State
for consideration.
But there are urgent steps that must
be taken without delay:
1. Guarantee full, timely, and quality
access to public information. The en-
actment of the law and its effective
implementation is not among the
government’s offers, and is the first
step in the fight against corruption.
2. The hiring of all public servants by
government institutions must be
through open competition, as stipu-
lated in Article 146 of the National
Constitution. It concerns us that IN-
DEPABIS is being relaunched without
competitive, merit-based hiring pro-
cesses and corruption oversight poli-
cies, without which the same history
will be repeated.
3. The Office of the Comptroller must
ensure that the high-ranking officials
in charge of all public agencies (Minis-
ters, Directors, and Presidents of pu-
blic agencies) know and understand
the anti-corruption policies and the
processes for preventing, controlling,
and reducing incentives. We view
with concern the statements made
by the former president of INDEPABIS
(consumer protection agency), Con-
suelo Cerrada, last Thursday, June 20:
“INDEPABIS does not have a thermo-
meter it can stick into the mouths of
aspiring public servants to ask them
whether or not they are corrupt.They
are positions of trust, and we do not
have a corruption detector.” Ms. Ce-
rrada cannot evade her responsibility
with such an inopportune statement,
nor can the person responsible for her
appointment.
4. The President of the Republic, as
the head of the Executive Branch,
must design and implement a set of
anti-corruption policies at every mi-
nistry, autonomous institution, state
enterprise, and government entity. It
bears recalling that acts of extortion
arise because there is an opportuni-
ty to commit them with little risk of
being discovered. These negative op-
portunities must be eliminated, and
the cost of engaging in unlawful con-
duct must be increased.
5. The Comptroller’s Commission of
the National Assembly must focus
on supporting investigations into co-
rruption. Accordingly, and although
it sounds naïve, it must be presided
over by representatives of the oppo-
sition in order to reduce conflicts of
interest.
The Venezuelan justice system must
ensure that the recent arrests are not
part of a witch hunt against political
enemies, but rather serious respon-
ses to consistent complaints that
seek to put an end to impunity res-
ponsibly and transparently.
http://www.el-nacional.com/politica/Usan-
desfile-Junio-exaltar-Chavez_0_214778703.html
photo: www.static.informe21.com
photo:www.ultimasnoticias.com.ve

6. 1110
VENEZUELA
ALERT
VENEZUELA
ALERT
For free, fair, and competitive elections For free, fair, and competitive elections
There is a legal vacuum in Venezuela that keeps
anonymous threats from being investigated by
the State. Although Article 175 of the Venezue-
lan Criminal Code defines them as a criminal
offense, it also provides that the victim must
file a criminal complaint in order for threats
to be criminally prosecuted. This is because it
is a crime that can only be prosecuted at the
victim’s request, rather than a crime subject to
public prosecution.
A criminal complaint is a legal document filed
Photo: www. porlaconciencia.com
Espacio Público // www.espaciopublico.org // @espaciopublico
Impunity in cases of anonymous threats to
journalists in Venezuela
directly before the Criminal Court by the victim
of a crime that can only be prosecuted at the
victim’s request. The complaint must specify,
among other things, the first and last names,
age, domicile or residence of the person who
has allegedly made the threats. Thus, if there is
an anonymous threat, it is impossible to meet
the requirement of identifying the alleged per-
petrator, and therefore a criminal complaint
cannot be filed.
In addition, if a victim goes to the Office of the
The other potential legal proceeding
involves asking the Scientific, Crimi-
nal and Forensic Investigation Agen-
cy (CICPC) to investigate the threats
through the CICPC Threats Division,
which exists for this purpose. Howe-
ver, when someone goes to this offi-
ce,its staff members receive the com-
plaint, take note of it, and inform the
complainant that they only conduct
an investigation if they receive an or-
der from the Office of the Public Pro-
secutor.
In this way, cases involving anony-
mous threats enter a dead-end circuit
where it is impossible for the State to
open a case to investigate and punish
the perpetrators of this crime.
Journalist Alonso Moleiro received
a death threat in December 2012 fo-
llowing some statements regarding
the illness of then-President Hugo
Chávez. In view of what happened,
Moleiro went to the Office of the
Prosecutor General of Venezuela to
file a complaint and request the in-
vestigation of the threats. The case
was immediately transferred to the
UDIC.The UDIC asked the Supervisory
Criminal Court to “Dismiss the Com-
plaint,” which request was granted
on June 11, 2013. In this way, the State
refuses to investigate threats based
on a legal technicality that is clearly
impractical and endangers the vic-
tims.
A similar case is that of Guillermo
Baena, an economist who has re-
ceived death threats and threats of
attack against himself and his family
for more than a month after publis-
hing some articles on his blog (vene-
zuelaencaidalibre.blogspot.com). In
this case, he decided to go directly to
the CICPC to report the threats and
request that they be investigated.The
agency limited itself to taking down
the complaint and informing him
that there would be no investigation
until it received an order from the
Office of the Public Prosecutor.
It is essential to change this legal pro-
blem and for the Venezuelan State
to meet its obligation to investigate
cases in which people are threatened
anonymously.
“The murder, kidnapping, intimida-
tion of and/or threats to social com-
municators, as well as the material
destruction of communications me-
dia violate the fundamental rights of
individuals and strongly restrict free-
dom of expression. It is the duty of
the state to prevent and investigate
such occurrences, to punish their per-
petrators and to ensure that victims
receive due compensation.”
Declaration of Principles on Freedom
of Expression. Principle No. 9. Inter-
American Commission on Human
Rights (IACHR).
The Constitutional Chamber of
the TSJ favors the Government
The Constitutional Chamber of the
Venezuelan Supreme Court [TSJ] was
created, following the experiences of
other countries, with two essential
aims: that there be a court dedicated
exclusively to verifying whether the
laws and other like acts adhere to
the Constitution; and to standardize
other courts’ interpretations of the
constitutional standards and provi-
sions. The objective, in sum, was to
strengthen the constitutional checks
and balances over majorities in the
National Assembly and to create legal
certainty, stability, and consistency in
the interpretation of the law.
In that respect, precisely, there was
much talk in 1999 of the creation of a
“super chamber” that would provide
oversight of the National Assembly
and the rest of the country’s judges.
It was envisioned that the future ac-
tion of that Constitutional Chamber
would either allow democracy to
flourish in Venezuela, or enable op-
pression and despotism to be firmly
planted with the appearance of lega-
lity and the force of res judicata.
It has been nearly fifteen years sin-
ce the inception of the Constitutio-
nal Chamber. After the definitive
takeover of the TSJ and the Judiciary
by Hugo Chávez between 2003 and
2004—which was consolidated with
the hasty enactment of the Organic
Law of the Supreme Court in May
2004 and the appointment of new
revolutionary justices in December
of that same year—it has been made
clear to all that the true role of the
high court is to ensure, by fair means
(that is, by law) that there is no al-
ternating of power, no pluralism, no
clean elections, and no democracy in
Un Estado de Derecho
Photo: serarte.wordpress.com
photo: centraldenoticiavenezuela.blogspot.com

7. 1312
VENEZUELA
ALERT
VENEZUELA
ALERT
For free, fair, and competitive elections For free, fair, and competitive elections
Venezuela.
A new decision handed down by the
Constitutional Chamber on June 20,
2013 serves as a reminder to all Vene-
zuelans that the revolutionary gover-
nment started by Hugo Chávez and
continued by Nicolás Maduro has its
biggest protector and unconditional
ally on the 5th floor of the building at
la Esquina de Las Dos Pilitas in Cara-
cas.
Without anyone having to request it,
and without any legal action having
been filed, the Constitutional Cham-
ber decided sua sponte, by taking
judicial notice, to remove from the
Electoral Chamber the case file of the
challenges raised by Henrique Ca-
priles and Mesa de la Unidad (MUD)
against the rigged and corrupt elec-
tions of April 14, 2013, and to be the
court that would hear the case at the
first and only instance.
The reasons and arguments for re-
moving this electoral case file are
nonexistent. There was merely an
empty invocation of principles and
generalities, with nothing to explain
why the competent court—that is,
the Electoral Chamber of the same
TSJ—was kept from exercising the
duty expressly assigned to it under
the Constitution. Specifically, judg-
ment No. 795, in a “joint opinion,”
begins by acknowledging that the
power to remove cases from a lower
court is exceptional and extraordi-
nary, but explains that the Chamber
“will make use of this power not only
in cases involving the potential vio-
lation of constitutional public policy,
in view of various actions in which
the courts could be used improperly
for the resolution of conflicts, or for
purposes of preventing potential
procedural disorder in the respective
trials, but also when the underlying
matter in a particular case is of spe-
cial national significance, is related
to the higher values of the legal sys-
tem, bears relation to public interests
and the operation of institutions, or
where the claims giving rise to those
cases have an effect on democratic
institutions or the exercise of the fun-
damental rights of citizens, particu-
larly their political rights.” With this
breadth, with this absolute discretion
as a referential framework, the Cons-
titutional Chamber did not have to
explain much (in fact, nothing) about
the reasons for which it removed this
specific electoral case file; it simply is-
sued its ruling, invoking the principles
of “protection of the political rights
of citizens,”“public interest,”“institu-
tional peace,” “public constitutional
order,” and “national and internatio-
nal importance of the outcome of the
case” (text of the judgment available
at: http://www.tsj.gov.ve/decisiones/
scon/Junio/795-20613-2013-13-0538.
html).
Thus, there is no doubt that the Cons-
titutional Chamber in this country
can do whatever it wants, and decide
whatever it wants. When there was
talk of a “super-chamber,” no one
really thought of this. There is no fo-
reign example of an institution like
this. The truth of the matter is that
whoever controls the Constitutional
Chamber can turn their most pre-
posterous and arbitrary ideas, deci-
sions, or orders into law, into gospel
truth.With the backing of the highest
court, any dissidence will be conside-
red contempt of court for failing to
obey a judgment—in short,for failing
to obey the law.
It bears noting that this is not the
first time the Constitutional Cham-
ber has done something like this. In
2004, judgment No. 566 of April 12
did something very similar and re-
moved a case file from the Electoral
Chamber when it had been asked to
vacate some CNE decisions that sys-
tematically prevented the announce-
ment of a recall referendum against
Hugo Chávez. It was a judgment that
caused a stir at the time because
it was issued by the Constitutional
Chamber under emergency circum-
stances, without the establishment
of the quorum required by the Cons-
titution and the law, in order to block
the referendum.
On that occasion in 2004 when the
Constitutional Chamber “sorted
things out,” the result was a slap on
the back for the CNE and for Hugo
Chávez. It is the same result that
should be expected now. More than
8 years have passed since then, and
never—never—has the Constitutio-
nal Chamber ruled against the gover-
nment and the so-called revolution
in a case in which anyone identified
with the opposition or national dissi-
dence has had an interest.
With all of the accumulated experien-
ce, with so much clearly established
evidence of the lack of independence
and impartiality of the Constitutional
Chamber and its unconditional, ser-
vile support for the revolutionary go-
vernment now unlawfully controlled
by Nicolás Maduro,it is incomprehen-
sible that the Executive Secretary of
the MUD, Ramón Guillermo Aveledo,
in learning of the removal of the case
file, stated: “we hope that the Cons-
titutional Chamber has intervened
in order to facilitate, not to impede,
a fair hearing and decision of the res-
pective cases.”
What will it take to show that the
Constitutional Chamber is not a real
court? Is it so difficult to understand
that the absence of the rule of law
in Venezuela begins and ends when
there is no justice—or rather, when
justice, like the PDVSA, the FANB, etc.,
etc., etc., is “red”? Undoubtedly, Ra-
món Guillermo, the Constitutional
Chamber will indeed act as a facili-
tator—not to ensure the proper ad-
ministration of justice, but rather to
favor the revolution.
THE PRISON
SYSTEM IN
VENEZUELA
In Venezuela we increasingly hear that persons depri-
ved of liberty, forgotten and excluded human beings,
are nothing but the dregs of humanity. The violation
of the human rights of prisoners is an ongoing prac-
tice; deaths and injuries are daily occurrences. The
constitutional responsibility of the Venezuelan State
to protect inmates is becoming a dead letter.
When compared to Brazil, Colombia, and Mexico,
the death rates in Venezuelan penitentiaries during
2011 paint a disturbing picture. In those three coun-
tries’ prisons, there were 207 deaths among a total of
821,949 inmates,whereas 2011 saw 560 violent deaths
in Venezuela, out of a prison population of 42,155.
Overcrowding is one reason for this situation. The
country’s 34 prisons were equipped to house 14,500
inmates up to 2012, meaning that they are overpo-
pulated by approximately 360%. Between 2000 and
2011, the prison population tripled from 14,196 to
42,255 inmates.
This makes it difficult to provide the proper custody
and housing of prisoners in Venezuela.The care of in-
mates is also limited in terms of their rights to a place
to rest, food, recreational time, education, and social
rehabilitation.
Another factor that aggravates the prison crisis is
procedural delay. Figures from the Ministry of Inte-
rior and Justice (MPPRIJ) published in 2011 stated that
64% of detainees were being prosecuted, and only
29% had been convicted.
This situation is exacerbated by the constant deferral
of court hearings for reasons directly associated with
the Judiciary: poor prison management, the impossi-
bility of transporting inmates, and the unavailability
of basic security tools (handcuffs) or guard staff.
In addition, firearms and drugs have been brought
into the prisons with increasing openness, and it
seems to be a situation in which there is consent on
Foto: articulo350.blogspot.com
Photo:www.liderazgoyvision.org.

8. 1514
VENEZUELA
ALERT
VENEZUELA
ALERT
For free, fair, and competitive elections For free, fair, and competitive elections
the part of members of the Boliva-
rian National Guard (GNB) and the
MPPRIJ guards.
Weapons of war and other small and
light weapons reserved exclusively
for military use have been found in
the prisons. In 2008 alone, 1815 fi-
rearms were seized in 70 prison raids.
The Ministry of Penitentiary Servi-
ces (MPPSP) was created in July 2011
to address this situation, but to date
there have been no major changes in
the situation. In just the first year of
its existence, inmate deaths increa-
sed by 18% and injuries increased by
a substantial 51%.
The humanization and unclogging of
the prisons has been the main stated
objective of the MPPSP since its crea-
tion. However, two of the most signi-
ficant prisons riots in recent history
have occurred on its watch. Inmates
confronted the authorities and re-
sisted their takeover of the prisons,
exchanging gunfire. The result was
multiple injuries and a considerable
number of deaths, both among inma-
tes and GNB officers.
Eleven plans for dealing with the pri-
son crisis have been drawn up since
1999, which demonstrates the com-
plexity of the problem. The weaknes-
ses exhibited by the nascent Ministry
also make clear the magnitude with
which this problem surfaces on a
day-to-day basis. In the absence of a
stronger, more forceful authority, the
vice, corruption, deaths, and injuries
will continue.
prisons. In 2008 alone, 1815 firearms
were seized in 70 prison raids. The
Ministry of Penitentiary Services
(MPPSP) was created in July 2011 to
address this situation, but to date
there have been no major changes in
the situation. In just the first year of
its existence, inmate deaths increa-
sed by 18% and injuries increased by
a substantial 51%.
The humanization and unclogging of
the prisons has been the main stated
objective of the MPPSP since its crea-
tion. However, two of the most signi-
ficant prisons riots in recent history
have occurred on its watch. Inmates
confronted the authorities and re-
sisted their takeover of the prisons,
exchanging gunfire. The result was
multiple injuries and a considerable
number of deaths, both among inma-
tes and GNB officers.
Eleven plans for dealing with the pri-
son crisis have been drawn up since
1999, which demonstrates the com-
plexity of the problem. The weaknes-
ses exhibited by the nascent Ministry
also make clear the magnitude with
which this problem surfaces on a day-
to-day basis.In the absence of a stron-
ger, more forceful authority, the vice,
corruption, deaths, and injuries will
continue.
Pro-Government Party Physically Attacks
Representatives from Alternativa Democrática and
Bars them from Speaking at Congressional Session
Liderazgo y Visión
Photo:elrepublicanoliberal.blogspot.com

9. 1716
VENEZUELA
ALERT
VENEZUELA
ALERT
For free, fair, and competitive elections For free, fair, and competitive elections
The debates in the Venezuelan Na-
tional Assembly have been held amid
repeated physical attacks by con-
gressmen from the Socialist Party of
Venezuela against members of the
opposition movement Alternativa
Democrática.
The first cases of assault took place
on the congressional floor in January,
when Congressman Julio Borges was
hit by a member of the pro-govern-
ment party without any words being
exchanged.
Later, on April 16, 2013, while the ple-
nary session of the National Assem-
bly was underway, Congressman Wi-
lliam Dávila of Unidad Democrática
was brutally attacked with a micro-
phone to the face, which was thrown
from the session hall by pro-gover-
nment congressmen. Congressman
Dávila received 14 stitches as a result
of the injury,the severity of which can
be seen at the following link: http://
globovision.com/articulo/hieren-a-
diputado-william-davila-durante-se-
sion-de-la-asamblea-nacional.
The President of the National Assem-
bly made no subsequent mention of
the matter, nor did he impose any
sanction for the attack. On the con-
trary,while leading the debate during
the session, he maintained that as
long as he is the head of the Natio-
nal Assembly he will prevent MUD
representatives from exercising their
right to speak, unless they publicly
acknowledge Nicolás Maduro as the
Head of State. During the session he
arbitrarily denied four congressmen
their right to speak. This attempt at
censorship is clearly in violation of
the constitutional rights of the con-
gressmen under the Constitution and
the Internal and Debates Regulations,
and it sets a grave precedent for the
free exercise of parliamentary du-
ties. Congressmen, regardless of their
political positions, have been elec-
ted by the popular vote, and it is an
abuse of power for another legisla-
tor to attempt to set conditions that
undermine his or her constitutional
and legal rights to fully perform the
tasks entrusted to him or her by the
citizens.
Subsequently, on April 30, 2013, the
opposition congressmen—who had
their microphones taken away on the
floor of the Assembly—held a peace-
ful protest using placards and whist-
les to reject their exclusion from the
legislative debate, in an attempt to
keep their voices from being silenced.
This peaceful demonstration by the
Unidad Democrática congressmen
provoked a violent reaction from
a group of pro-government con-
gressmen who abruptly rushed at
them to beat them.
Congressman Julio Borges was then
the victim of an attack for the third
time (See: http://www.noticias24.
com/venezuela/noticia/165826/
video-cronica-reuters-una-pelea-
entre-diputados-venezolanos-acaba-
con-11-heridos/). On this occasion, ac-
ting Congressman Michael Reyes (the
man wearing the tricolor jacket in
the videos) abruptly attacked Borges,
hitting him while he crouched over
trying to protect himself. You can see
how the attack took place without
any type of prior exchange—verbal
or otherwise—taking place between
the two men.
Congresswomen Nora Bracho and
María Corina Machado were simi-
larly attacked by pro-government
representatives Jesús Faria and Nan-
cy Asencio, respectively. In the latter
case, Congresswoman Machado was
thrown violently to the ground and
kicked several times by the pro-go-
vernment congresswoman. On May 2,
2013 she had to undergo surgery for
several fractures to her nasal septum.
Unidad Democrática Congressmen
Eduardo Gómez Sigala and Ismael
García were also physically assaulted
in the midst of the fight.
Congresswoman Machado, with her
face beaten, later stated at a national
press conference that the pro-govern-
ment congressmen had attempted to
grab any cameras and smart phones
from them that might contain pho-
tos or videos that could be used as
evidence of the violent acts.This hap-
pened because only the government
news channel is allowed to record
congressional sessions, and it exhibi-
ted its bias by failing to broadcast the
images from the session while the
conflict was taking place.
In addition, while the congressional
session was underway, there were
individuals carrying firearms, who
were not members of the institution,
within the plenary. The main access
door to the hall was also strangely
locked, limiting the congressmen’s
ability to enter and exit freely. This
entire set of facts makes it evident
that the attack on the MUD con-
gressmen was deliberately planned
by the congressmen who carried it
out.
The President of the National Assem-
bly, Representative Diosdado Cabello,
expressed his regret that opposition
congressmen had been injured. Ne-
vertheless, contradictorily, he stated
that it did not mean that the victims
themselves had not been the aggres-
sors.
This behavior by the President of the
National Assembly and the group of
pro-government congressmen is a
direct attack on the democratic legal
framework. It makes it necessary to
alert the international community
as to how these attacks on parlia-
mentary immunity complicate the
governance of the country. It shatters
the institutional dignity of Congress,
which is supposed to be a forum de-
dicated to dialogue, and should be a
guide and an example for national
reconciliation.
Although the right of the con-
gressmen from Alternativa Democrá-
tica to speak in the National Assem-
bly has been restored, no sanctions
have been imposed against the as-
sailants.
Photo:www.infolatam.com