The Devil's Excrement

Once again the CNE is getting ready to set us up for the kill.  It’s subtle, but we know that is their specialty. But, after reading about the proposed regulations for adding up the totals for the ratification process I am sure that something is up. As if this were not enough, then the chief cynic Jorge Rodriguez comes out and denies the proposal, making arguments that to me indicate that something sinister is once again going on.

The proposed regulations are simple, the results that have “erasures, changes or other type of observation that compromise the veracity of its contents will not be added up”. This is nothing more, nothing less than the same trick used during the Reafirmazo to completely invalidate close to 15% of the signatures presented by the opposition. These signatures were simply disqualified because of problems with the “cover sheets” a technicality not even present in the earlier regulations. Despite this, those that had their signatures invalidated because if this problem will not be able to participate in the upcoming ratification process.

No sooner had we seen the text of this proposal that Chief CNE cynic Jorge Rodriguez denied “categorically” that irregularities in the cover sheets could “Kill the ratification” saying that any inconsistencies will be resolved appealing to the direct totalization of what is in the so called electoral notebooks.

Up to here, so far so good. But where I know there is a trick is when he says “We are establishing a guide for totalization that has the same characteristics that have occured whenever we have had electoral processes in Venezuela”

Well, sorry Jorge, this process is nothing like any electoral process we have ever had. In the country’s electoral processes up to this one, the polling booths have always been manned by the people, never have they been manned like in the upcoming ratification process by employees of the Electoral Board, so there is no reason to appeal to “the way electoral process have always been run” like you are doing. In fact, I am sure somewhere in there lies the final trick that will screw us once and for all.

Chavez was right in is speech today, Venezuela has indeed been invaded but not by those he accuses, but by him and those hoodlums without scruples and ethics, which are now everywhere and that, like Jorge Rodriguez, the Constitutional Hall of the Supreme Court, the Attorney General and the military, simply suck up to him because he is powerful. But temporal power is fleeting and there will be a day of reckoning for those that have kidnapped and violated our rights.

Once again the CNE is getting ready to set us up for the kill.  It’s subtle, but we know that is their specialty. But, after reading about the proposed regulations for adding up the totals for the ratification process I am sure that something is up. As if this were not enough, then the chief cynic Jorge Rodriguez comes out and denies the proposal, making arguments that to me indicate that something sinister is once again going on.

The proposed regulations are simple, the results that have “erasures, changes or other type of observation that compromise the veracity of its contents will not be added up”. This is nothing more, nothing less than the same trick used during the Reafirmazo to completely invalidate close to 15% of the signatures presented by the opposition. These signatures were simply disqualified because of problems with the “cover sheets” a technicality not even present in the earlier regulations. Despite this, those that had their signatures invalidated because if this problem will not be able to participate in the upcoming ratification process.

No sooner had we seen the text of this proposal that Chief CNE cynic Jorge Rodriguez denied “categorically” that irregularities in the cover sheets could “Kill the ratification” saying that any inconsistencies will be resolved appealing to the direct totalization of what is in the so called electoral notebooks.

Up to here, so far so good. But where I know there is a trick is when he says “We are establishing a guide for totalization that has the same characteristics that have occured whenever we have had electoral processes in Venezuela”

Well, sorry Jorge, this process is nothing like any electoral process we have ever had. In the country’s electoral processes up to this one, the polling booths have always been manned by the people, never have they been manned like in the upcoming ratification process by employees of the Electoral Board, so there is no reason to appeal to “the way electoral process have always been run” like you are doing. In fact, I am sure somewhere in there lies the final trick that will screw us once and for all.

Chavez was right in is speech today, Venezuela has indeed been invaded but not by those he accuses, but by him and those hoodlums without scruples and ethics, which are now everywhere and that, like Jorge Rodriguez, the Constitutional Hall of the Supreme Court, the Attorney General and the military, simply suck up to him because he is powerful. But temporal power is fleeting and there will be a day of reckoning for those that have kidnapped and violated our rights.

I cant’ help but be extremely worried. A new wave of repression and intimidation seems to have started today, as the Government attempts to leverage the paramilitary charade into a full scale witch hunt:

-Baruta Mayor Capriles Radonsky is jailed, despite the fact that the Penal Hall of the Venezuela Supreme Court had already ruled that Mayors have to be tried while they are free, as they represent no escape risk.

-Not only was Deputy Rafael Marin’s house raided without a warrant, but from well-informed sources I understand he was held at gunpoint with a machine gun. Moreover, the Head of the intelligence police told the media that “It is very clear that (Marin) is involved, so he should stop complaining”. Well, if it is so clear, why doesn’t he go to the assembly and has the Deputy’s immunity removed? Marin later called him a “bandit”

-The Head of the intelligence police says they have an eight page “Counter revolutionary plan”, warns of further searches and announces “surprises”. He says “Don’t say names, but you will see”. Eight pages!! Wow! How elaborate!

-The farm of media tycoon Gustavo Cisneros is also searched, his only sin apparently that it was close to (miles!) where the paramilitary were captured last Sunday.  President Chavez had accused Cisneros of plotting against him, but nothing was found in the raid.

-Reporters from El Universal covering the home raids around Caracas were stopped by a military intelligence Colonel named Manuitt, abused and threatened. My translation of one of the reporters’ articles follows.

-A Judge ordered both active and retired military; most of them low rank and not well-known, captured.

-The People’s Defender says that he is suspicious of US participation in the paramilitary charade due to “historical evidence”

-The Minister of Defense warns that people should be on alert because they have “suspicions” that there will be attacks on both opposition and Government leaders by paid assassins. If he knows so much, how come he does not stop it? I thought that is part of his job.

The whole charade is getting to be suspiciously blown out of proportion by the Government. I am now leaning toward the belief that the paramilitary force was indeed a Government plan to justify arbitrary detentions in the name of national security. They were discovered and had to advance the plan, making it look really bad. Reportedly, the owner of the farm where the paramilitary were supposedly kept said that his farm would be about the worst possible location for something like that, as it has a church and a Bolivarian circle less than half a mile away.

This is the first time that I have felt the Government was stepping over the legal line in very clear fashion, without shame. People are being jailed right and left, in violation of rulings and with little or no evidence. The raids on homes are not even legally supported. A deputy had his immunity violated. Reporters are once again abused, but this time threatened with death by the military police!.

Hopefully, this is not a sign of worse things to come, but it looks very bad and bleak to me.

Reporter Felix Carmona of El Universal on what happened to him

I am going to do the opposite of what “Commander Manuitt” told me last night, when he threatened us, at gunpoint, dressed in black and with a ski mask covering his face: “Listen well: not one word, not one letter, not one denunciation because we are going to kill you and all your family, we will erase you, Are you listening?”

Given that threat and the bitterest five minutes lived by me and my fellow reporters, Jorge Santos, photographer and the driver of El Universal’s car, Andres Perez Cova, we covered the nightly task of the raid on the residence of former President Carlos Andres Perez. When we were done we went to the house of Rafael Marin, which we heard on the radio had also been raided. We took the El Hatillo route and in a turn we met the Military intelligence unit which attacked us, abused us and threatened us with death. They took away our identification tape recorder and camera.

Theories abound about the paramilitary squad captured Sunday morning in the outskirts of Caracas. The whole story certainly sounds fishy: almost a hundred Colombian men, dressed in brand new military fatigues, riding buses thru the suburbs of Caracas well past midnight. They carry no weapons and are going towards a camp that is clean and is not guarded. The neighbors claim they had heard no shots, they had sensed no unusual movement.

The government has cameramen from its TV station on hand for the operation. The intelligence police not only treat the prisoners well (In one TV scene one of them is seen loosening the handcuffs of a prisoner), but they are open to the reporters, in contrast to their usual militaristic and barbaric style. Intelligence police actions tend to be secretive, the way is blocked, and nobody is allowed nearby. Meanwhile, the fact that the municipal police stumbled on the soldiers is denied, but there are videos to prove it.

Immediately, Chavez, the Vice-President, the Head of the intelligence police, Deputies and a variety of leaders from all sides of Chávez’ MVR come out saying exactly the same thing, talking about these terrorists, as if the Carapiacas urban terrorists that roam the 23 de Enero area were any different in style or nature. But I have never heard the Government criticize them or call them terrorists.

Chavez truly overdoes it, says the Governor of Zulia state wants to have him killed, Diosdado Cabello, blames his opponent in the Miranda Gubernatorial race Enrique Mendoza and Vice-President Jose Vicente Rangel calls for the world to condemn the presence of this unarmed terrorists. Amazing for a Government that has yet to condemn the assassination of Chechen leader Kadyrov.

But where it gets to be a farce is when the intelligence police search the house of Carlos Andres Perez’ former wife. What could they ever expect to find there, the house of a former wife of a former President that has not been in Venezuela in five years, the last three months under medical care? Tonight they attempt to search the house of a National Assembly deputy who has parliamentary immunity.

Nobody has yet advanced an explanation on how close to one hundred men managed to travel by bus from the border to Caracas undetected. This in a country where the Government routinely blocks roads, searches cars and stops people on the highway. I have never been able to drive from Merida to Caracas without being stopped at least twice.

I advance two possible related theories for the charade of the last two days:

1)      This was an operation by opposition fringe groups to create havoc and blame it on the Government later in May. The Government infiltrated the operation, but when the Municipal police of El Hatillo stumbled upon the paramilitary force, the Government how to act ahead of schedule, inducing the amateurish charade we have seen in the last two days.

2)      This was a Government operation to create a scandal against the opposition later in the month, near the date when the ratification process of the signatures is supposed to take place. The charade had to be advanced for the same reasons as 1).

I favor 2), but the fact that the men were heading towards the farm of a well known fringe opposition member who advocates the violent overthrow of the Government does not allow me to rule out 1).

This is all guessing, unfortunately like so many things in this wonderful revolution, we will never figure out what really happened in this new charade.

Now, this story is very confusing so I will not comment too much on it, but my title tells you what I think right now:

-Last night, the Government captured a group of 55 Colombian paramilitary in a farm in El Hatillo, right outside Caracas. Since then, an additional group has been captured and the number reaches 71.

-The members of this paramilitary group were dressed in military fatigues but had no weapons.

-The Mayor of El Hatillo showed a video when a joint operation with the Metropolitan police detected the presence of the paramilitary group being transported in buses.

-The intelligence police said there was no participation by either the El Hatillo police or the Metropolitan police. They charged that these groups were related to the opposition.

-Chavez said the Government had given a “blow to the liver” of coupsters and terrorists, revived that they are planning to kill him and the US is involved. He also said the Governor of Zulia State Manuel Rosales is trying to kill him.

-The opposition Mayor of nearby Baruta said “this smells like a show and a ridiculous one at that”

-The intelligence police has requested that a bunch of “well-known” people be captured because they are associated with the case. This includes “some businessmen and some retired military officers”. He also said this group and the owner of the farm are related to the “Guarimba” plan which never materialized by which neighbors were going to shutdown streets two weeks ago. The Government claims this was an opposition plan, but so far, all that is known is that an e-mail circulated calling for this action.

-The “Democratic Block” an opposition Group that is not part of the Coordinadora Democrática (CD) and has dissented on removing Chavez via a referendum, has denied any relation to the paramilitary group captured.

Now, this story is very confusing so I will not comment too much on it, but my title tells you what I think right now:

-Last night, the Government captured a group of 55 Colombian paramilitary in a farm in El Hatillo, right outside Caracas. Since then, an additional group has been captured and the number reaches 71.

-The members of this paramilitary group were dressed in military fatigues but had no weapons.

-The Mayor of El Hatillo showed a video when a joint operation with the Metropolitan police detected the presence of the paramilitary group being transported in buses.

-The intelligence police said there was no participation by either the El Hatillo police or the Metropolitan police. They charged that these groups were related to the opposition.

-Chavez said the Government had given a “blow to the liver” of coupsters and terrorists, revived that they are planning to kill him and the US is involved. He also said the Governor of Zulia State Manuel Rosales is trying to kill him.

-The opposition Mayor of nearby Baruta said “this smells like a show and a ridiculous one at that”

-The intelligence police has requested that a bunch of “well-known” people be captured because they are associated with the case. This includes “some businessmen and some retired military officers”. He also said this group and the owner of the farm are related to the “Guarimba” plan which never materialized by which neighbors were going to shutdown streets two weeks ago. The Government claims this was an opposition plan, but so far, all that is known is that an e-mail circulated calling for this action.

-The “Democratic Block” an opposition Group that is not part of the Coordinadora Democrática (CD) and has dissented on removing Chavez via a referendum, has denied any relation to the paramilitary group captured.

For the last two days, Constitutional expert Gerardo Blyde has being making the rounds of the media with his conclusions on the new Supreme Court (TSJ) Bill which was approved by the national Assembly and will soon go into effect if the Cabinet and the Court itself approved it. The most complete article is in yesterday’s El Nacional page A-4, which unfortunately is by subscription only and the price of the subscription has gone up significantly. Here is Blyde’s opinion of the ten violations incurred in this Bill:

-The new TSJ law should have been approved with a qualified majority. Art. 203 of the Constitution explicitly says that a qualified majority will apply to changes in any Organic bill like the TSJ Bill. The Bill was approved with a simple majority.

-The Constitution establishes in Art. 209 that any report on any proposed Bill has to be approved article by article. Articles were twice approved in blocks.

-The number of Justices is increased from 20 to 32. The current number of twenty was established by the Constituent Assembly after it approved the new Constitution. This is thus considered a “constituent act” according to Blyde, which implies that only a change in the Constitution can modify it.

-All position named by the national Assembly require a two thirds or qualified majority. The Constitution is silent on the majority required for the naming the Justices of the highest Court. To Blyde this implies that the qualified majority extends to the naming of the Justices.

-Art. 264 of the Constitution establishes that nominations to the Court have to be made via a Nomination Committee, chosen by the Judicial power, which will pre-select the candidates so that a second selection is made by the citizens power and then the National assembly will choose the Justices. In the new Bill Nomination Committee is chosen by the National assembly itself and will have Deputies in it. Additionally, it allows the citizens power to override the selections of the Nomination Committee and even consider new candidates.

-Alternate Justices will not be named for twelve years as established by Art. 264 of the Constitution but for two years.

-The Constitution establishes in Art. 336 that it is the exclusive role of the Constitutional hall of the National Assembly to exert control over the acts of the National Assembly which relate to the Constitution. However, the National Assembly introduces the ability of the Assembly to void the naming of a Justice by simple majority.

-The Constitution states that a Justice can only be removed with a qualified majority of the National Assembly when a Justice commits what is considered a “grave fault”. The new Bill gives the citizens power the ability to suspend a Justice until the assembly determines that he should be removed.

-The Constitution states explicitly that only the president and the Deputies of the national Assembly would need the approval of the Assembly to allow a trial of any of them to decide on their removal. The new Bill extends this approval to military officials, the Vice-President, the Justices and the members of the citizens’ power.

-Only the Constitutional Hall can act on its own to rule on a violation of the Constitution because its decision does not necessarily have an interested party but defend the rights of everyone, which goes beyond a party bringing suit. The new Bill allows all Halls to act in this way.

For the last two days, Constitutional expert Gerardo Blyde has being making the rounds of the media with his conclusions on the new Supreme Court (TSJ) Bill which was approved by the national Assembly and will soon go into effect if the Cabinet and the Court itself approved it. The most complete article is in yesterday’s El Nacional page A-4, which unfortunately is by subscription only and the price of the subscription has gone up significantly. Here is Blyde’s opinion of the ten violations incurred in this Bill:

-The new TSJ law should have been approved with a qualified majority. Art. 203 of the Constitution explicitly says that a qualified majority will apply to changes in any Organic bill like the TSJ Bill. The Bill was approved with a simple majority.

-The Constitution establishes in Art. 209 that any report on any proposed Bill has to be approved article by article. Articles were twice approved in blocks.

-The number of Justices is increased from 20 to 32. The current number of twenty was established by the Constituent Assembly after it approved the new Constitution. This is thus considered a “constituent act” according to Blyde, which implies that only a change in the Constitution can modify it.

-All position named by the national Assembly require a two thirds or qualified majority. The Constitution is silent on the majority required for the naming the Justices of the highest Court. To Blyde this implies that the qualified majority extends to the naming of the Justices.

-Art. 264 of the Constitution establishes that nominations to the Court have to be made via a Nomination Committee, chosen by the Judicial power, which will pre-select the candidates so that a second selection is made by the citizens power and then the National assembly will choose the Justices. In the new Bill Nomination Committee is chosen by the National assembly itself and will have Deputies in it. Additionally, it allows the citizens power to override the selections of the Nomination Committee and even consider new candidates.

-Alternate Justices will not be named for twelve years as established by Art. 264 of the Constitution but for two years.

-The Constitution establishes in Art. 336 that it is the exclusive role of the Constitutional hall of the National Assembly to exert control over the acts of the National Assembly which relate to the Constitution. However, the National Assembly introduces the ability of the Assembly to void the naming of a Justice by simple majority.

-The Constitution states that a Justice can only be removed with a qualified majority of the National Assembly when a Justice commits what is considered a “grave fault”. The new Bill gives the citizens power the ability to suspend a Justice until the assembly determines that he should be removed.

-The Constitution states explicitly that only the president and the Deputies of the national Assembly would need the approval of the Assembly to allow a trial of any of them to decide on their removal. The new Bill extends this approval to military officials, the Vice-President, the Justices and the members of the citizens’ power.

-Only the Constitutional Hall can act on its own to rule on a violation of the Constitution because its decision does not necessarily have an interested party but defend the rights of everyone, which goes beyond a party bringing suit. The new Bill allows all Halls to act in this way.