Archive for October 14th, 2005

An electoral parody in four acts?

October 14, 2005

Act 1) Eleven days before the August 7th.
Regional elections, an injunction
was requested
of the Supreme Court asking that the so
called “Twins” or “morochas”
be banned. The Court
failed to grant the injunction before the elections and a few days ago, the
Court “rejected” the request on the basis that if there had been a
violation of rights, the damage would be “irreparable”. Remarkably,
two and half months had to go by for the Court to decide on the injunction.
According to Article 27th. of the Venezuelan
, the request for an injunction based on the Constitutional
protection of your rights: “will be handled with preferential treatment
over any other matter”. Interestingly enough, the Court took that long to
only not grant the injunction, without ruling on the important matter: whether
the use of the “morochas” violates or not the Constitution, despite
its relevance for the upcoming elections for Deputies of the National Assembly.

Act 2) The Head of the CNE Jorge
Rodriguez states
(or threatens?) out of the blue, that if the “twins” or
“morochas” are banned by the Supreme Court, there will be no
elections in December. A number of things are interesting about this statement:

— First, this is the first time Rodriguez makes such an assertion despite the
fact that there have been roughly a dozen requests of injunctions on the matter
brought to the Venezuelan Supreme Court.

— Second, last spring and summer, Rodriguez admitted as Head of the CNE, the
registration of candidates of phantom political party UVE, used by Chavez’ MVR
to set up their “morochas” in the regional elections, before
that party had been even recognized, which only happened one week
before the regional elections were to take place. What would have happened if
that party had not been recognized? Would the elections have been cancelled of
the “illegal” candidates simply would not have been able to participate?

— Third, Rodriguez said in
an interview
that he had no legal way of banning the morochas, despite the
fact that Article 293 of the Venezuelan Constitution says that the Electoral
Power has as its function: “to resolve the doubts and voids
that arise” Isn’t that extremely clear? It is the job to resolve precisely
on those issues like the morochas that violate the rights of people which are
supposed to be guaranteed proportional representation by the Constitution.

Act 3) Two days later the Venezuelan
Supreme Court admits
the request for an injunction against the morochas, curiously choosing
one of the many requested. Why
that one
? Is it because with one elections will be delayed and not with the
other as suggested?
Did the Court give the CNE President advanced notice of admitting the case and
that is why he made the warning about canceling the election? How did the CNE
Director know that it would be precisely the AD case that would be admitted?

Act 4) Precisely the day after the
injunction is admitted, the CNE Director today says
that he is totally certain that the elections will take place on Dec. 4th.
as established. Doesn’t this contradict his own earlier statement? Does he know
something we don’t know?
Why all this? Is the Court seriously considering stopping the
morochas, or is this simply a parody to make us believe there is still some
Justice in Venezuela?
Or are the Justices concerned that with the morochas Chavez will have too much
power as he will be able to modify the Constitution at will? How come the Head
of the CNE appears to have inside information? Why didn’t the Supreme Court
admit all injunctions requested since they all basically are requesting the same?
Couldn’t the CNE simply say that the parties that were registered as
“twins” or “morochas” will be taken as the same party and
the upcoming elections could proceed just as planned?

What do you think?