Archive for October 17th, 2011

The Not So Blind Justice of the TSJ Decision on Leopoldo Lopez’s case

October 17, 2011

Well, I read the beginning and the end of the Supreme Court decision on the CIDH decision on Leopoldo Lopez and thought rationally, linearly, not with the twisted logic of the revolution. In this case, justice certainly was not blind, on the contrary, it was peeking all the way towards the future and covering all of the bases.

Or trying to…

When they were saying the decision can not be executed, they were saying Lopez has yet to be elected. They were saying he can run, be elected and then the TSJ will look into whether he can hold office or not. That is hypothetical.

Which is hogwash, as the CIDH explicitly said that his rights had been violated by banning him earlier. And he was banned. Period. Leopoldo Lopez was not able to run for Metropolitan Mayor. He is programmed  in the Electoral Board with a number which implies that he can not be a candidate. No two ways about that. What was said today is simply not the truth. The President of the Venezuelan Supreme Court simply lied. The decision is incorrect and not truthful. Lopez’ political rights have been violated by the State in Venezuela and the TSJ’s decision fails to address that point. As simple as that.

The rest of the legal  mumbo jumbo is simply covering their behinds and throwing confusion into the political campaign. Rather than disobeying the Court they go the typical Chavista way: The Gray Way. Can Lopez run? Yes, but maybe, just maybe, read between the lines, if he wins we may not accept his victory (I doubt it!)

But it does create confusion. It may split the opposition in pieces if they object LL registering to run. And I hope they don’t. I hope they allow him to run and back his running, time to turn Chavez’ weapons back at him. If LL wins, so be it, if he loses, so be it.

In fact, even Chavistas are confused, Cilia Flores backs the decision by the TSJ “not to allow Lopez to run” and the Comptroller in-charge, says that he can only hold office after the sanction ends, which is not what the decision says. Even Escarra says Lopez can not assume if he wins, which the President of the TSJ says the Court will have to rule when and if it happens.

And they cover their behind because, Lopez could lose in the primary and he could lose in the election even if he wins the primary. And if he wins the Presidential race, I am sure these Justices will allow him to take over. They also cover their behinds, or attempt to cover them, by not disobeying the CIDH decision, even if they are. But they confuse so much, it is not as if they were saying the Venezuelan Government will not follow the CIDH’s decision.

The strange thing is that I am not sure Chavez likes this decision. The TSJ was not really fully behind him on this. Lying or not, they did not defend Hugo’s position, they were very wishy washy (A sign Hugo is very sick?) Because Lopez could win it all and I think he would be unstoppable if he does. I just can’t imagine Lopez winning the election and the TSJ saying he can not take over.

I hope Chavez gets mad at them. Really mad. Because I see a crack in the TSJ’s decision. It is not 100% pure Hugo somehow. And LL could ask the full Court, rather than the Constitutional Hall to decide on it. But if I were him, I would leave it at that.

Note added: And the more the Comptroller in charge tries to explain, the more contradictions there are. By now, she is saying Lopez running would be fraud. Has she even read the decision? Can she read it? Who appointed here anyway?

Venezuelan Supreme Court Rules CIDH Sentence on Leopoldo Lopez Can Not Be Executed

October 17, 2011

In a twisty, legalese mumbo jumbo decision, the Venezuelan Supreme Court ruled that it can not execute the decision by the OAS Interamerican Human Rights Court (CIDH) on Leopoldo Lopez because, according to this temple of wisdom, Leopoldo Lopez has political rights, he can vote, he founded a political party and the like, but has this little matter of an  “adminisitrative ban” that “temporarily” prohibits him from holding office and this is simply a mechanism to guarantee “public ethics” (no joke!) and he can participate in political events.

I can not say I am surprised, but I was surprised that Chavez criticized the CIDH but not the decision, which gave me a glimmer of hope that they would let Leopoldo Lopez run.

Lopez now has to think carefully what he wants to do, the MUD has allowed him to register for the primary, but this will only create confusion given that the CNE will not let him register if he wins. He is now the kingmaker if he backs someone else. Any candidate can say that he/she will name Lopez as Vice-President, once elected he can receive a pardon.

More interestingly, the Chavez Government has once again decided to move step forward in severing its relations with the rest of the world. The fact that the Venezuelan Government went to the Court and fought there meant that it had to abide by the decision, there are no excuses now. Venezuela will now have problems in international organizations and Chavez will have to forget about Mercosur and will be severely criticized at the OAS.

Another step by the Dictator to violate the rights of Venezuelans. More abuse of power. Another sad day in Venezuela in a long string of them.