The 22 violations of the Constitution by the Chavez Administration. Part III and Final

October 15, 2002

This closes the three Chapters on Hugo Chavez’ Government 22 documented violations of the 1999 Constitution, based on the third part of the article in El Universal:


XIII.- 9/2001 In a ruling by the Supreme Court, the Court interpreted in restrictive fashion the exerecise of freedom of expressionviolating not only the Cosntitution, but also Interamerican Democratic Letter. The full Court also ruled that it decisions were not subject to revision by International Courts in violation of International Human Rights Treaties.


XIV.- 11/2001 The President issued 49 decrees that became law under the enabling bill. However, the Presidency obviated the steps for citizen participation established by The Constitution as well as the consultation required by the Constitution to discuss with all states on matters which may be affected by the bills. Some of these bills violate International Human Rights Agreements.


XV.- 11/8/2001 The Miltary High Command pledged its allegiance to the political process led by Hugo Chavez in a violation of article 328 of the Constitution which says that the Armed Forces may not be partial to anyone and be in the service of the Nation.


XVI.- 12/10/2001 Two Deputies of the National Assembly publicly present telephone conversations made illegal by the Government in violation of the Constitution.


XVII.- 12/10/2001 In a speech the President calls for the blacks and indians to control teh country and says he will use the weapons of the armed forces to deepen the revolution in violation of the Constitution.


XVIII.- 11/04/2002 The President promoted threats against the peaceful demonstrators. Threaten the Supreme Court Justices if they decided against him in any cases. This violated the principle of separation of powers and autonmy of the judicial system.


XIX.- 9/2002 The President issued a decree creating special military areas affecting huge areas to prevent teh free movement of people and in particualr a demonstration which was to take place the next day. This decree affects the right to property guaranteed by teh Constitution and was based on a Law that was no longer valid under Title VI of the new Constitution. It also violated the American Convention by limiting the right to demonstrate and in that it extehnds these security areas to unreasonable levels.


XX.- 9/2002 The People’s Defender adhered to the contents of the decree on special security areas violating the charter that created the position in the 1999 Constitution which says that he is supposed to defend those rights taht were vioalted by the decree.


XXI.- The Government through the President has refused consistently to fulfill the precautionary measures of the Interamerican Commsiion of Human Rights since January 2002 issued to protect reporters in violation of the Constitution and  international agreements on human rights.


XXII.- Chavez’ party has yet to fullfil the Constitutional requirement for political parties to have free elections of leadership. Moreover, Chavez’ MVR party uses public funds for its activites and those of the bolivarian circles. This violates articles 19, 67 and 145 of the Constitution.

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