The Venezuelan Supreme Court (TSJ) declared today that the Amnesty Bill was Unconstitutional. No surprise there. Anyone that was not expecting it has to be pretty clueless about Venezuela. In a few words, the TSJ said that the Amnesty Bill ignores the justice for those victims of those that were supposed to be freed with this measure.
What this means, is that the TSJ simply said no Amnesty Bill can ever be Constitutional, ratifying what I believe is the new Article #1 of the Venezuelan Constitution:
Article #1: All Bills approved by the opposition-controlled National Assembly are unconstitutional.
You see, arguing some vague “victims” did not get Justice, is simply going about it backwards. The Constitution says that Amnesty will not apply to cases where Human Rights were violated or international treaties were not respected. But Amnesty works the other way around, if Amnesty is approved, you look at the individual case and determine if someone’s Human Rights were violated.
Take two simple cases, Leopoldo Lopez and Antonio Ledezma, the first one was not convicted for violating anyone’s Human Rights but somehow “subliminally” encouraging other to be violent and cause deaths. Ledezma’s case is even weaker, for the simple reason that there has been no Justice for him, he has received no trial, nor is he being accused of violating Human Rights.
Just to make the case clearer, Hugo Chávez was one of four leaders in a coup where over 200 people were killed, a clear violation of the very Human Rights of the victims, including that of the then President Venezuela and his family who were the intended “victims” of the failed coup. But all of them received Amnesty and the protests in favor of Amnesty were led by none other than Nicolas Maduro and many of the “leaders” of Chavismo. How “principles” change…
Except that the original sin of the current opposition leadership was to accept the first decision of the TSJ after december 6th., which questioned the swearing in of the Amazonas Deputies. If the Assembly was not willing to have the much expected showdown (see here, for example, written on Dec. 20th.), it should not have sworn them in to begin with. But once it did, it should have never backed down.
That’s what showdown means…
But it did and with that action, it abrogated a significant part of its power and the TSJ saw it as a sign of weakness. Since then, the new Article 1 of the Constitution, as interpreted by the TSJ, has ruled.
It is by now a one way street, like the picture above.
In the end, the National Assembly has little power except when it comes down to budgets. It can not only change them, but can also remove Ministers and create the veil of illegality on the part of Government officials. But so far, it has not taken any advantage of this. Had the Assembly removed a Minister here or there, or change the budget in certain areas, it would have created at least the fear that some day the law would come crashing down against someone in charge of spending today.
But the supposedly ever-so-clever chosen Head of the National assembly has done little but tweet suggesting any of these actions.
And the path is clear. Amnesty Bill? Not Constitutional. Recall Referendum? Not adjusted to the law, therefore not Constitutional. Ans so on..
Time is running short. Chavismo has set its sights on surviving until Jan. 10th. 2017. After that day, any removal of the President will imply the Chavista Vice-President will be in place until 2019. By then, who knows where oil will be at, who will be President or whether the TSJ will remove some members of the National Assembly. Much like Cuba for almost 60 years, Chavismo’s only plan is not the “people”, but just survival.
And so far, they seem to be doing a great job. Unfortunately, the opposition has not been up to the job of creating the expected showdown.