Venezuela’s Supreme Court dismissed Attorney General’s demand to remove and indict Justices

June 17th, 2017

Awake Goy

Christof Lehmann (nsnbc) : Judges at Venezuela’s Supreme Court, politically appointed by the PSUV administration of President Nicolas Maduro in December 2915, apparently ruled that they were innocent when the dismissed Attorney General Luisa Ortega’s motion to remove the 33 Supreme Court justices for irregularities and to strip eight of their immunity to put them on trial for conspiracy against the order of the republic.

We, the Supreme Court Justices, hereby rule that we are innocent and did not violate any Banana Republic standards.

If one wants to be above the law then judge at Venezuela’s Supreme Court might be a perfect job. Justices at the Supreme Court, on Wednesday, flat-out dismissed the motion of Attorney General Luisa Ortega to have them removed due to irregularities in their selection and appointment and to criminally charge eight of them for no less serious offense then conspiracy against the republic.

The judges countermove to clear themselves is bound to further deepen the constitutional crisis in the country because the National Assembly’s majority Roundtable of Democratic Unity (MUD) coalition maintains that the socialist party (PSUV) administration of President Nicolas Maduro appointed eight of the judges as a last-minute move to stack the court in his favor after the PSUV lost parliamentary elections only weeks earlier. Moreover, the Supreme Court suspended the National Assembly and – according to the MUD – as well as many independent observers, usurped the functions of parliament.

Supreme Court of Venezuela (VTV)

On Wednesday, the Court threw out the Attorney General’s lawsuit, ruling that judges could only be removed by a two thirds majority vote within the TSJ, and only in cases where “serious offences” had taken place.

The ruling was the second setback for Ortega, who has been locked in a series of disputes with the TSJ for weeks. On Monday, the court also dismissed Ortega’s motion to halt Maduro’s planned constituent assembly – a citizen’s body with the power to rewrite Venezuela’s constitution.

Not surprisingly, opposition groups, whose elected lawmakers were earlier this year kept out og the National Assembly at gunpoint by rifle-wielding National Guards, launched a renewed wave of protests that further escalate the constitutional crisis that increasingly develops into violent confrontations between MUD supporter on one side, and PSUV supporters, backed by the colossal “PSUV controlled National Security State” on the other.

Attorney General Ortega, on Tuesday, called for eight Supreme Court justices to be stripped of their immunity and to be put on trial for conspiracy against the order of the republic. The move came less than a day after she also filed a motion to remove 33 Supreme Court justices for irregularities in their selection after the Court had dismissed her motion to block an attempt to rewrite the country’s Constitution.

Speaking to reporters outside the Supreme Court on Tuesday, Ortega stressed that she had officially requested authorization to pursue legal proceedings against the six judges and two substitute judges currently presiding over the Constitutional Tribunal. The Attorney General underpinned that these judges had handed down a number of rulings that warranted them to be tried for having conspired against the system of governance in the country.

The timeline of a constitutional coup?

Ortega particularly mentioned two rulings issued March 29, in which the tribunal gave permission to the Supreme Court (TSJ) to assume the legislative functions of the National Assembly on grounds that the legislative body was “in contempt of court”. Some of the most controversial parts of the rulings were overturned in April, after Ortega had sharply criticized them. Ortega stressed that these rulings were of such nature and magnitude that had endangered democracy – including the separation of powers – in Venezuela in “an act of force” that suggests a “conspiracy against the constitutional republican system of the nation”.

Attorney General Ortega also accused the tribunal of violating the Constitution by reinstating representative democracy at the expense of participatory democracy in its ruling on May 30, in which the Court ruled that President Nicolas Maduro did not need to hold a consultative referendum in order to call a National Constituent Assembly (ANC). Moreover, Ortega sharply and explicitly criticized the ANC as “corporative and lacking representation“.

Venezuela’s National Assembly put out of business and substituted by a Tribunal of Judges. (archives)

Conspiracy against the Order of the Republic is outlined in Article 132 of the Penal Code of Venezuela. It carries a prison sentence of eight to sixteen years. Ortega has become increasingly outspoken against the socialist party (PSUV) administration of President Nicolas Maduro. The rupture between her and the administration coincided with the Court’s decision to grant itself permission to carry of the functions of the legislative branch of government because the National Assembly’s alleged contempt of court.

On Monday Attorney General Ortega visited the TSJ t file a motion to remove 33 Supreme Court Justices, claiming the process by which 13 judges and 20 substitutes were appointed by the outgoing PSUV-led National Assembly was irregular and should be dismissed. Outgoing PSUV legislators used their last days with a majority in the National Assembly to pick the very judges who then would claim the MUD-majority National Assembly was “in contempt of court” and who decided to usurp the functions of the Assembly.

Ortega stressed that in particular, that the official parliamentary document informing the of the judges appointment had not been signed by herself of the Secretary of the Moral Republican Council. The latter Council acts on behalf of the citizens’ branch of government, including the office of the Ombudsmand, the office of the Attorney General, and the office of the Comptroller General.

President Maduro obsessing about the presence of denounces the presence of “traitors” everywhere. It’s not a coup, when we do it it’s called a revolution? (Prensa Presidencial)

The Attorney General stressed that she had not gone public with the accusations before because it took her and her office 18 months to obtain proof of the alleged irregularities in the selection process. Meanwhile, the date for the election of the National Constituent Assembly has earlier this month been set for July 30 while campaigning will begin on July 9.

The opposition coalition, the Roundtable of Democratic Unity / MUD, has condemned the formation of the assembly and denounced it as an attempt by President Maduro and the PSUV administration to change electoral laws ahead of the 2018 presidential race. The MUD is holding the majority in the National Assembly / Parliament that was suspended by the Supreme Court and the socialist administration.

In an earlier letter Attorney General Luisa Ortega Diaz warned that after studying the Court’s ruling, she had identified several severe violations of the constitutional order in the Supreme Court’s controversial ruling a ruling in which a tribunal of judges suspended the legislative branch to temporarily transfer legislative powers to the tribunal itself. Attorney General Diaz stressed:

I consider it an unavoidable historical duty not only in my capacity as attorney general but also as a citizen of this country, to refer to the recent decisions signed by the Constitutional Chamber of the Supreme Court of Justice. These judgements show several violations of the constitutional order and ignorance of the model of state enshrined in the constitution of the republic. It is my obligation to express to the country my serious concern. On behalf of nearly 10,000 civil servants we call for reflection and that democratic paths are taken, and an environment of respect and rescue of plurality, for democratic debate, and respect for [political] differences; to achieve institutional paths that guarantee peace and overcome the obstacles that currently prevent us from providing the quality of life that our population requires.

Bolivar-Chavez Battle Units (UBCh) – Maduro’s SA-like Red-Shirts – the increasingly Stasi-like or Nazi-like National Security State?

In January 2017 the PDVSA administration announced the implementation of a new anti-crime strategy. While containing social elements aimed at preventing violent crime, the plan known as the Carabobo 2021 plan includes increased cooperation between police and the National Guard, Venezuela’s controversial security and intelligence service SEBIN and the United Venezuelan Socialist Party’s Bolivar-Chavez Battle Units (UBCh).

The Carabobo 2021 plan consists of six initiatives aimed at combating crime. Venezuela is one of Latin America’s and the world’s countries with extremely high rates in violent crime. On the level of crime prevention, the plan involves initiatives aimed at supporting community sports as well as cultural workshops organized by the Movement for Peace and Life.

The movement is a government-funded program aimed at preventing crime, and especially violent crime. Even more controversial is that the Carabobo 2021 plan includes re-launching the so-called Safe Homeland Plan. The plan aims at reinforcing and increasing local police patrols, which, considering the crime rates in the country, is welcome by most Venezuelans.

And even more controversial is that local police patrols will be reinforced by National Guard personnel which will also be used to strengthen security in highly trafficked places, parks, avenues and plazas.

Critics speak about a militarization of police and point out that National Guard personnel does not have the education required to conduct law-enforcement that is consistent with the civil liberties and rights of the citizen. Even more controversial is the so-called Peace Quadrants Initiative. The initiative will be tasked with:

Supervising security efforts in local communities by promoting coordination between police and National Guard personnel, the National Bolivarian Intelligence Service (SEBIN), the Francisco Miranda Front, the United Venezuelan Socialist Party’s Bolivar-Chavez Battle Units (UBCh), and community leaders.

Needless to say that this initiative implies that the coordination of the cooperation between law enforcement, National Guard, as well as Venezuela’s highly questionable intelligence service SEBIN will be heavily controlled by the embattled but ruling United Venezuelan Socialist Party (PSUV) with participation of Party Battle Units involved in law enforcement.

Moreover, the Carabobo 2021 plan includes the creation of the Popular Intelligence System, by critics denounced as an initiative aimed at building a network of snitches.

However, SEBIN Director Gustavo Gonzalo Lopez assured – of course – that the plan merely will serve to alert about threats in the political, economic, social, and cultural areas. No details about the Stasi-like / Gestapo-like plan were disclosed at the time.

City Councilman Jose Vincente Garcia paraded before cameras with alleged evidence by SEBIN, using media to declare him guilty in the eyes of the public before a trial. (archives) Photo courtesy Twitter @VielmaEsTachira

It is worth noting that SEBIN has been involved in numerous highly controversial arrests of citizens who are members of opposition parties. Many of those who were busted by SEBIN, including prominent opposition members claimed SEBIN had planted weapons, explosives or drugs when they were arrested.

Moreover, Maduro announced that his administration would re-vamp the already highly controversial anti-crime operation, known as Operation Liberation of the People (OLP), which will be re-branded under the euphemistic name Operation Humanistic Liberation of the People (OLHP).

Finally, the Carabobo 2021 plan also involves the establishment of new community institutions (jails) under the name houses of justice which will be created as an alternative to the penal system for cases involving minor crimes as one of the not at lest semi-totalitarian and positive elements. – Re-education in soft-core concentration camps under party supervision say some –.

However, Maduro explained that the houses of justice are houses for conflict resolution, for early justice in order to combat impunity and uphold law and order within communities. However, some critics note that the initiative also circumvents law and the prison system and puts it into the hands of PSUV-friendly vigilantes.

(Courtesy gentedehoy)

These houses of justice will house those sentenced to eight years or less for offenses such as robberies, assault, theft, among others. It must be noted that staff will be provided by representatives of the Ministry of the Interior, Justice, and Peace, the United Venezuelan Socialist Party’s Bolivar-Chavez Battle Units (UBCh), the National Bolivarian Militia, the People’s Guards, among others.

In other words Party Prisons – not unlike the concentration camps or party run gulags. The Carabobo 2021 plan and associated initiatives will be headed and supervised by the recently appointed-appointed Vice-President Tareck El Aissami.

Combined with all of the other of the above described totalitarian party-rule initiatives left in place, and “constitutional reform” in the pipeline, and Supreme Court Judges finding themselves innocent – or above the law, the country is likely to descend deeper into chaos while the PSUV administration attempts to muscle a new Constitution through the courts and the strongly biased – not to say captured election system. Venezuela is, step by step, becoming ungovernable. An eruption of major violence, from the side of the opposition, and the PSUV’s “National Security Apparatus” becomes ever more likely.

CH/L – nsnbc 16.06.2017