Venezuela Supreme Court Orders Trial for Dissident General
Caracas, May 14 (<a href=quote.bloomberg.com>Bloomberg) -- Venezuela's Supreme Court ruled that dissident General Carlos Alfonzo Martinez, who was arrested in December after leading an anti-government protest, must stand trial for rebellion.
The court ruled 12-to-8 to deny a defense motion that Martinez had been detained illegally and should be set free.
This is an unjust decision,'' Alberto Arteaga Sanchez, the general's lawyer, told reporters.
This is condemning an innocent man to a trial where a predetermined judgment awaits.''
Martinez was one of 14 high-ranking officers who led the October takeover of a capital city plaza that has become a rallying point for opponents of President Hugo Chavez. About 100 officers joined the protest, which called for civil disobedience against Chavez.
No date for a trial has been set.
Martinez, who has been under house arrest at the Fuerte Tiuna military base in Caracas, may face as many as 20 years in jail under Venezuela law if convicted of rebellion.
The government refused to act on a lower court's order on Dec. 31 that Martinez be should be freed because he wasn't charged within 12 hours of his arrest as required by law.
Last Updated: May 14, 2003 14:19 EDT
Cofavic: Venezuelans are defenseless ... no quest for justice in institutions
<a href=www.vheadline.com>Venezuela's Electronic news
Posted: Friday, May 09, 2003
By: Patrick J. O'Donoghue
Cofavic human rights group executive director, Liliana Ortega continues to complain about what she calls the "precarious institutional situation facing democracy in Venezuela."
"We Venezuelans are completely defenseless because impunity is being encouraged from the heart of institutionality ... it has become quite clear that there is no vocation of justice in the Attorney General's Office, Ombudsman's Office, and the Judiciary, which is why there is total impunity in the majority of crimes against human rights."
Ortega has expressed concern about the case of rebel National Guard (GN) General Carlos Alfonzo Martinez, currently under discussion at the Supreme Tribunal of Justice (TSJ) ... she thinks the TSJ will issue a political and not judicial ruling.
The TSJ is deliberating whether there are sufficient motives in the General's case meriting a preliminary hearing for rebellion and abandonment of position.
- The General continues under house arrest until a ruling has been issued.
TSJ admits injunction against lifting of arrest warrants against 7 PDVSA rebels
<a href=www.vheadline.com>Vheadline
Posted: Tuesday, April 22, 2003
By: Patrick J. O'Donoghue
The Supreme Tribunal of Justice (TSJ) Constitutional Chamber has admitted an injunction against a Metropolitan Caracas Appeal Court decision to lift an arrest warrant for 7 former Petroleos de Venezuela (PDVSA) executives and managers.
On February 26, the 50th control Court issued arrest warrants and a prohibition to leave Venezuela against Juan Fernandez, Gonzalo Feijoo Martinez, Juan Luis Santana, Horacio Medina, Juan Lino Carrillo and Mireya Ripanti Amaya.
The 2nd Appeal Court lifted the measure on March 17 .
State prosecutors claim that the sentence has violated the right to equality, defense of due process and the legal tutelage of the Attorney General's Office.
The former executives' lawyer, Carlos Bastidas says the fact that the TSJ has admitted the injunction does not mean that a trial is pending ... "it will be an assessment prior to the constitutional audience and a decision after the debate."
Bastidas says the TSJ should be just as diligent in the case of the Llaguno Bridge shooters. Speaking from Miami, where he has been staying Juan Fernandez says his lawyers are studying the implications of the measure and he will issue no public statement on the matter.
Court strikes down homicide charges against shooting suspects
<a href=www.sfgate.com>SFGate.com
Tuesday, April 1, 2003
(04-01) 20:17 PST CARACAS, Venezuela (AP) --
A court tossed out homicide charges Tuesday against four suspects in shootings that killed 19 people and helped trigger a short-lived coup against President Hugo Chavez last year.
Dozens of Chavez supporters celebrated the ruling with fireworks outside the courthouse in the central city of Maracay, 40 miles from Caracas, the state-run Venezolana de Television channel reported.
The suspects, all Chavez supporters, were released. They had pleaded innocent to the charges.
Gunfire broke out April 11, 2002, when a massive opposition march clashed with a pro-government rally in downtown Caracas. The shootings spurred a bloodless military coup that briefly ousted the leftist Chavez.
Loyalists in the military returned Chavez to power two days after the uprising.
Venezuela remains divided over Chavez's continued rule since the mid-April rebellion.
Government opponents accuse the former paratrooper of riding roughshod over democratic institutions and dragging this South American nation of 24 million into chaos with ill-defined economic policies.
Chavez claims Venezuela's opposition, including leading labor and business groups, are leading an "economic coup" with the intention of overthrowing his revolutionary government.
The judges on Tuesday did uphold lesser charges -- of improper firearm use and public intimidation -- against the four.
But defense attorney Amado Molina said they were granted conditional freedom.
Government counter-attacks "Old PDVSA" rebel six
<a href=www.vheadline.com>Venezuela's Electronic News
Posted: Friday, March 28, 2003
By: Patrick J. O'Donoghue
The legal war between six former Petroleos de Venezuela (PDVSA) executives and the Venezuelan government is heating up with a government offensive.
The Supreme Tribunal of Justice (TSJ) Constitutional Chamber is said to be working on a sentence project that would allow an injunction against an appeal court decision last week to lift arrest warrants against former PDVSA executives & managers grouped in the Gente de Petroleo group, accused of leading the crippling oil industry stoppage against the government.
The appeal court judge that revoked the arrest order ruled that the state prosecutor had failed to provide sustainable charges for the arrests. TSJ magistrate, Jesus Eduardo Cabrera will draw up a position paper to be discussed and voted upon by the TSJ Plenary Chamber sometime next week.
It has been learned that the Constitutional Chamber will also issue a ruling on the case of Federation of Chambers of Industry & Commerce (Fedecamaras) president, Carlos Fernandez, who had been placed under house arrest ... the 7th Appeals Court chamber granted Fernandez his liberty on March 20.
Magistrate Jose Delgado Ocando is working on a project to admit an injunction introduced by state prosecutor, Luisa Ortega and to order a public hearing.