Saturday, April 25, 2009

An abominable sentence

An abominable sentence

Contrary to all legal logic, contrary to all justice, and in undisguised infringement of the National Constitution and of the penal legislation in force, three police commissioners and eight officers of the Metropolitan Police were accused, imprisoned, prosecuted, and condemned by a tribunal in a trial whose only purpose consisted in carrying out a political persecution operation aimed at endorsing an official fraud, ignoring the material and actual truth of what really happened in Caracas, on April 11, 2002.

On April 11, 2002, over a million Venezuelans marched peacefully headed towards the Miraflores Palace, headquarters of the presidency of the Republic, to protest against the arbitrary dismissal of Board of Directors of PDVSA and the threat to dismiss over 20,000 of its employees and workers, ordered by President Hugo Chavez. The march was not able to reach the presidential palace. Barricades, organized by the government with civilians from the “Bolivarian circles”, and squads of the National Guard, made it impossible for the marchers to advance, and were object of a sanguinary ambush. Nineteen citizens lost their lives, and over one hundred were injured, and impacted by the shots fired by the officially organized armed bands and the national guards. The photographs and videos published and broadcasted by the media eloquently document what happened that day, showing individuals located on top of a bridge near the Miraflores palace, shooting against the crowd. They also show national guards and members of the Bolivarian circles shooting against the defenseless marchers.

To the innocent victims who fell in that massacre, now, seven years later, eleven more victims are by the manipulative judicial system prevailing in Venezuela. Three commissioners of the Metropolitan Police and eight officers of that institution whose participation during the march consisted in protecting the marchers, and acting as a barrier in order to prevent the protest from being object of provocations by pro-government individuals, have been convicted after an abominable trial overfilled with irregularities and violations of the most elemental principles of penal justice such as the right to a due process, and the right to be freely judged.

Throughout five years, during which time they remained locked in the headquarters of the political police, in narrow prison cells lacking natural light, the accused were subject to an iniquitous psychological torture. The trial, having the embarrassing record of being the longest penal process ever held in this country, was located in the city of Maracay, 100 kilometers from Caracas, which required the accused to be transported by land for each hearing. Once transferred to Maracay, the hearings were frequently suspended without prior notice, most of the time because of vain motives. In total, the trial included 230 hearings, during which 265 experts reports, 5,700 pictures, and 20 videos were submitted, and the depositions of 198 witnesses and 48 experts were collected. During the proceeding, the Public Ministry was unable to demonstrate that these Police Commissioners fired the weapons used to kill the victims. Much less, the culpability of the accused could not be demonstrated without a reasonable doubt.

An investigation undertaken by the Due Process of Law Foundation, prestigious institution with headquarters in Washington, detected the following irregularities surrounding this trial: [Aportes FDPL – Number 9, Year 3, March 2009 (http://www.dplf.org/uploads/1238449054.pdf) - (http://www.dplf.org/index.php?c_ID=336): (Free non- official translation from the original Spanish text).

“Specifically, in the case of Ivan Simonovis, the investigation revealed that the judge who ordered his detention lacked the necessary impartiality and independence since he previously represented one of the persons against who Simonovis supposedly ordered to shoot. In like manner, it was determined that the Judge Presiding the Mixed Court that examined the case, is married to a well-known member of the United Socialist Party of Venezuela. The political acquaintance of the judge’s husband with the party to which President Chavez belongs is evidently an element that may affect her independence and impartiality in this specific case, whereas the victims are deemed persons loyal to the government who were victims of the violence exercised to overthrow President Chavez. On the other hand, the accused are deemed as part of the rebel forces under the orders of the Mayor, Alfredo Peña, well-known Government oppositionist. Observation of the trial made it possible to accumulate enough evidence to affirm that the right to defense of the accused was violated, whereas the Public Ministry refused to submit copies of the evidence for the prosecution existing against him during the investigation stage, and refused to undertake certain proceedings timely requested by the defense. In light of the right to a due process of law, one particularly critical dimension is the excessive, unjustified delay in solving the case. The facts because of which they are being subject to trial took place on April 11, 2002, and there is no final sentence to date[1]. Said violation is more evident considering the fact that the Bolivarian Republic of Venezuela decided to implement an accusatory, criminal justice system, with oral and public trials, wherein it is expressly established that the hearings of oral trials are to be performed in a consecutive manner, and until all evidence has been presented. In this case, the oral trial began in June 20, 2006, and has not concluded to date”.

The following has to be added to the foregoing: 1) the selection of the lay judges was corrupted whereas the requirements of the law were not fully complied with, and two of them were officers of a government social missions, which means that they were politically engaged with the regime; 2) there was a condescending attitude towards the delays of the public prosecutors and plaintiffs in terms of complying with the timeline established to perform the hearings; 3) the claims filed by the defense were disregarded because of lack of respect for “reasonable time”; 4) all petitions for freedom were rejected, even after the conclusion of the term of two years provided for in the Criminal Code; 5) there was a clear, serious and evident affectation of the independence and impartiality of the court in respect of police commissioner Simonovis, whereas the Judge who issued the order of apprehension against Simonovis had previously represented one of the individuals who fired against the marchers on April 11 from Puente Llaguno, and the challenge interposed by the defense was disregarded by the court.

As a result of a sentence without precedents in the records of Venezuelan judicial history, last Friday, April 4th, Police commissioners Ivan Simonovis, Lazaro Forero and Henry Vivas, were sentenced to 30 years of prison, the maximum penalty contemplated by the Venezuelan criminal law, without having been able to prove their participation in the facts they were being accused of. By adopting a legal subterfuge, the Judge, Marjori Calderon, found them guilty of “necessary complicity in the commission of consummated, attempted, voluntary manslaughter, causing serious injuries, less serious injuries, and minor injuries”. In addition, the judge included in the sentence the express indication that the injuries constitute “serious violations of human rights” with which, in accordance with the provisions of article 29 of the National Constitution, the accused have been excluded from the procedural benefits, such as pardon or the amnesty.
This abominable sentence constitutes a brutal violation of justice and the rule of Law, and shows how the regime uses the organs of justice with political purposes as it pleases.

[1] This document was originally published in March 2009 and the sentence was pronounced in April
http://www.urru.org/g-400/20090415_SentenciaComisariosPMs.htm

Saturday, April 18, 2009

Comments from Pedro Mario Burelli

The following are comments made by Internationalist Pedro Mario Burelli:

www.pmbcomments.com

PMBComment: Ambassador Jeffrey Davidow, Special US Envoy for the Summit of the Americas. has had to enter into full spin cycle to pull President Obama out of the pickle he got himself into by following a terribly naive and rapidly criticized strategy of trying to disarm Hugo Chavez but failing miserably to do so without beaming and giving the thug from Caracas a "whats up brother" kind of handshake. The media has had a field day (from Matt Drudge all the way to the NYTimes, and all others in between) - as have millions of mesmerized readers and viewers. This should have been expected, and carefully planned for by a White House that is so big into images and body language. We are now in the hard-backpedal phase, which is commendable - as fallbacks go - but could have been easily avoided.

What is going on in Venezuela at this precise moment does not allow for many, or rather any, niceties, and pretending that you are dealing with a democratic leader is a policy path that simply empowers a brutish autocrat and squanders even more political capital for a US President intent on gratuitous, and at times completely unnecessary, self-flagellation on the international arena.

Given the predictability of Mr. Chavez's antics, it would have been smart to equip the novice President with a bound copy of the OAS Democratic Charter "just in case" Chavez decided to steal the show (as we alerted he would). Imagine such exchange of gifts! As sensible as the interview below is, it would have been so much more significant if Mr. Obama had been ready with a good principled sound bite, or that bound copy, when Chavez presented him a Spanish paperback version of a book that Plinio Apuleyo Mendoza, Carlos Alberto Montaner and Alvaro Vargas Llosa aptly called "The Idiot's Bible" in their bestseller "The Guide To The Complete Latin American Idiot". The fact that Mr. Obama, until a few days ago was an "ignorant man" in the opinion of the Oracle from Caracas, does not speak or read Spanish, might have coexisted nicely with the fact that Mr. Chavez does not follow a single precept of the democratic charter that was, pre-Insulza, meant to be a defining document for the hemisphere.
Read the interview below and it is easy to conclude that it is not just you and I that were disappointed (in my case also dismayed) by the images from the Port of Spain. PMB


OBAMA SUMMIT OF THE AMERICAS ADVISER INTERVIEW

Posted: Saturday, April 18, 2009 5:20 PM by Chuck Todd
Here’s the full transcript of an interview with Jeffrey Davidow, the Obama administration's chief adviser for this Summit of the Americas.
TODD: Hugo Chavez has been a constant presence it seems anytime the cameras have come on here at the summit in the last 24 hours. Is the administration concerned that that's the pictures America is seeing. Pres. Obama with Hugo Chavez, more so than with any other leaders down here?
DAVIDOW: Hugo Chavez has a real capacity to get his picture in the newspaper or on TV. A case in point, last night the president was at a reception. He shook hands with 33 other presidents, smiled with 33 other presidents; one picture gets in the newspaper. I think the press is focused on Hugo Chavez. I don't think Barack Obama is focused on Hugo Chavez.
TODD: This is an organization of 34 democratically elected leaders.
DAVIDOW: Right
TODD: Do you guys view that Hugo Chavez is a democratically elected leader of Venezuela?
DAVIDOW: We have real concerns about erosion of democratic principles in Venezuela and we've made that clear publicly in many ways. He was elected. He's been elected several times. We do worry about issues like freedom of speech, freedom of organization, lack of checks an balances in Venezuela. I'd say that you know the fact that president was photographed shaking hands with him, a smile and a handshake does not mean a new relationship. We have a very strained relationship with Venezuela. We'd like to see it get better.
TODD: How does it get better? Is the ball in the proverbial court of Venezuela?
DAVIDOW: Yeah, I think so. For instance, they kicked out our ambassador and I think step they could take is by saying, Gee we'd like to have an American ambassador back here so we can start talking about the issues that we should be talking about with Venezuela: narcotics, energy, other questions relating to public safety, climate change, like we're trying to talk to -- and we are very successfully talking with the rest of the hemisphere.
TODD: Two weeks ago I was in Europe, G20, NATO, the only thing missing were rose petals at the feet of Pres. Obama. That's not the case here. Why does it seem as if a lot of these leaders are intent on hitting the United States?
DAVIDOW: There's a different historical experience between Latin America and the United States than between Lat- than Europe and the United States, but I don't really quite agree with you. I think Obama has been very well received here. There's a palpable sense among all the leaders, including those who are often critical of the United States that Obama is initiating a new beginning in our relationship and the meetings that he's having, the conversations that he's having are all in that direction and I think that's appreciated.
TODD: The instant takeaway from this summit is Cuba, Hugo Chavez. What is going to be the 9 month, 1 year marker of whether you guys see this summit as a success?
DAVIDOW: Look, I think it's unfortunate that the instant takeaway is Cuba and Chavez and that says more about press coverage than the substance of the summit -- not criticizing --. Look, what this summit is talking about is poverty in this hemisphere. It's talking about climate change in this hemisphere, particularly in an island like this, or with Caribbean nations here. They're really worried about rising sea levels. We're talking about other issues of how we can cooperate in education, how we can make the economic crisis that we're all confronting weigh less heavily on the poorest of the poor how we can use the international financial institutions like the IMF to help. I think the takeaway in 9 months is how much progress we've been able to make working cooperatively on those issues rather than the particular headlines of today.
TODD: Quick question, I know you're former ambassador to Mexico. It seems as if Mexico was happy with the visit yet they got nothing as far as their- nothing concrete from the president yet, whether it was on immigration, a lot of promises, is...
DAVIDOW: I disagree. The president has over the last two weeks made it quite clear that the help that he has promised under the Merida initiative, which is to give Mexico the tools, both the hardware and intelligence sharing that they need to fight the drug war, that that's on it's way. Stuff is already being delivered. There were really good conversations about cooperation...
TODD: Mexico is gonna have patience on the trucking issue, on the immigration issue and then...
DAVIDOW: Look these are issues that are not easily resolvable and they're not easily resolvable because they relate to domestic politics and domestic concerns in the United States on immigration, the president has made it clear and has made it clear here in Trinidad as well. That's gonna continue. We're also a nation of laws and we have to find the balance so we can be true to our tradition while having a system that works for everyone.

Saturday, April 4, 2009

Otro periplo dispendioso e inútil por Adolfo R. Taylhardat

Opinión - Miércoles 01 de abril, 2009

Otro periplo dispendioso e inútil

Adolfo R. Taylhardat

El teniente coronel presidente ha emprendido su enésimo (ya hemos perdido la cuenta) viaje por el mundo. Esta vez se ausenta por una semana. En esta gira visitará Qatar, Irán y Japón. Por supuesto, al regreso incluirá la obligada escala en Cuba para ir a pedirle la bendición a papá Fidel y rendirle cuenta de su viaje.

Según explicó, el objeto de la gira es "fortalecer los intereses y la posición de Venezuela en el mundo". Muchos venezolanos nos preguntamos, empleando una frase que se hizo famosa: ¿con qué se come eso? Creo que ha llegado el momento de hacer un inventario de los centenares de acuerdos y convenios suscritos durante las correrías del comandante por el mundo para establecer cuáles son los beneficios que han reportado hasta ahora al país y a los venezolanos.

El viaje a Japón lo justifica diciendo que "Japón es un país que consume mucha energía, necesita fuentes de petróleo. Además tiene mucha tecnología" -qué descubrimiento- y por primera vez Venezuela firma un convenio energético con ese país. Cabe preguntar: ¿es necesario que el teniente coronel presidente se traslade al otro extremo del globo simplemente para firmar un convenio energético? ¿Por qué no lo firmó el ministro de Energía y presidente de Pdvsa quien precisamente la semana pasada anduvo por esa región del mundo?

A Irán va "a continuar fortaleciendo la relación con ese país y porque estamos instalando el banco iraní-venezolano". Teherán, como La Habana, se ha convertido en una escala obligatoria de los viajes presidenciales. Sin importarle inmiscuirse en los asuntos internos de Irán seguramente aprovechará la ocasión para anunciar su apoyo a Ahmadineyad en las elecciones presidenciales que tendrán lugar próximamente en ese país.

En Qatar asistirá a la cumbre de presidentes de Sudamérica con los reyes, emires y jefes de gobiernos de los países árabes del golfo Pérsico. Supuestamente se trata de cumplir un compromiso político porque ese encuentro de países sudamericanos y árabes "forma parte de las distintas instancias que han comenzado a nacer para promover un mundo pluripolar".

Pero esto no es todo, porque apenas regrese deberá viajar de nuevo para asistir a otra cumbre: la de las Américas y el Caribe, que se reunirá en Puerto España a mediados de abril.
Al parecer el teniente coronel presidente se olvidó de aquel reproche que solía hacer a este tipo de reuniones, cuando decía que los presidentes y jefes de Estado andan de cumbre en cumbre mientras los pueblos se hunden en el sima de la miseria.

Casualmente, esta nueva gira del andarín que nos gobierna tiene lugar en uno de los momentos más críticos que vivimos en Venezuela como consecuencia de la caída del precio del petróleo y justo cuando proliferan las protestas de los gremios y los sindicatos exigiendo justas reivindicaciones salariales y la revisión de los miserables sueldos y salarios que perciben.

El ex diputado Carlos Eduardo Berrizbeitia, quien lleva a punta de lápiz la cuenta de los gastos residenciales, nos recordó en estos días que en sus 10 años de mandato el teniente coronel presidente ha estado ausente del país 453 días, es decir, un año y tres meses y que esas ausencias han representado un gasto de más de 50 millones de dólares. Berrizbeitia agrega que para este año la partida presupuestaria presidencial de viáticos y pasajes fuera del país asciende a más de 6 millones de dólares. Todo esto sin contar lo que cuesta el traslado y alojamiento en el exterior de las 200 o más personas que integran sus comitivas cuando sale de viaje.

"El ejemplo hay que darlo por casa. Hay que meter el ojo porque a veces funcionan mecanismos inerciales sin control" dijo cuando promulgó el "Instructivo presidencial para la eliminación del gasto suntuario o superfluo en el sector público nacional" el cual precisamente contempla, entre otras cosas, la eliminación de viajes innecesarios al exterior.

Al parecer ese instructivo presidencial se aplica a todos menos al presidente y que el ejemplo hay que darlo en todas las casas menos en Miraflores. Los venezolanos merecemos un trato menos cínico, menos hipócrita, de parte de quien dirige los destinos del país.

www.adolfotaylhardat.net

A person in mourning - Caracas

The following is a letter written to the editors in Venezuela from a witness of the murders that took place in Caracas April 11, 2002 when Venezuelans went out peacefully protesting the firing of thousands of the oil company PDVSA's employees, and where Chavez's thugs allegedly killed several unarmed protestors.

http://www.urru.org/11A/asesinatos.htm

http://www.urru.org/11A/asesinatos2.htm

Estoy de Luto

Yo estuve allí, en el centro de la matanza del 11 de abril. Casi al lado mío vi morir a un hombre con un tiro en la frente. Aunque se supone que nadie muere la víspera, estaré eternamente agradecida al funcionario de la Policía Metropolitana que me tomó del brazo y me dijo “corra señora” y me indicó el camino a tomar. Por eso, a los VERDUGOS, que condenaron a los Comisarios y a los Policías Metropolitanos les digo una sola cosa: allá arriba hay un Dios y la justicia divina es inapelable.

Hoy estoy de luto por mi maltratado país, por Uds., pobres seres, que reemplazan la justicia con la venganza, por el odio sembrado entre hermanos, por los que amamos nuestra patria y no encontramos el camino correcto para liberarnos de los delincuentes que la tienen secuestrada, y por tantas otras cosas que nos avergüenzan como ciudadanos de esta patria linda.

Comisarios, Policías, no pierdan la fé, su condena, con la ayuda de Dios, será mucho más corta de lo que se imaginan. Tenemos 10 años viviendo en un infierno que no nos merecemos, pero Venezuela renacerá y recuperará la dignidad y el respeto que han sido pisoteados sin clemencia por las ansias de poder de un solo hombre.


María Luisa Rivero de Niño
C.I. N° 2.931.742


Maru Angarita
My blog is: http://maruangaritablog2.blogspot.com/
Resources:
http://www.11abril.com/index.asp