This record is a partial extract of the original cable. The full text of the original cable is not available.

C O N F I D E N T I A L  CARACAS 003219 
 
SIPDIS 
 
 
NSC FOR CBARTON 
USCINCSO ALSO FOR POLAD 
 
E.O. 12958: DECL: 05/25/2014 
TAGS: PHUM PGOV KJUS VE
SUBJECT: VENEZUELAN PROSECUTOR INVESTIGATES 400 FOR 
"REBELLION" 
 
Classified By: cda stephen g. mcfarland FOR REASON 1.4 (d) 
 
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SUMMARY 
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¶1.  (U) Venezuelan prosecutor Danilo Anderson took testimony 
from three media executives at the beginning of October as 
part of his investigation into the events of April 12-13, 
¶2002. Anderson announced on September 17 that he was 
reopening the investigation of persons who had supported the 
interim government of Pedro Carmona. Anderson announced the 
investigation would involve some 400 people associated with 
the "Carmona Decree," which dissolved the GOV in April 2002. 
In addition to those that signed the decree, Anderson is 
targeting persons known to be present in Miraflores Palace at 
the time, having "signed in" or been caught on videotape. 
Sumate's Maria Corina Machado and Zulia Governor Manuel 
Rosales are perhaps the most prominent persons on the list. 
End Summary. 
 
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Case Reopened 
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¶2.  (U) On September 17 prosecutor Danilo Anderson announced 
that Attorney General Isaias Rodriguez had ordered him to 
reopen the investigation into the events of April 12, 2002 
surrounding the installation of the Carmona government. He 
told reporters he would investigate those people named as 
ministers in Carmona's government, those who signed the 
"Carmona Decree" and those who were present at Miraflores 
during Carmona's swearing in. 
 
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Background 
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¶3. (C) On April 11, 2002 Gen. Lucas Rincon announced 
President Chavez' resignation on national television. 
Hundreds of Chavez opponents had marched to the Presidential 
Palace and occupied it when military officers took the 
President into custody. Pedro Carmona, then president of the 
business federation FEDECAMARAS,  swore himself in as 
president. This act broke the constitutional chain. Amidst 
the celebrating and negotiating, a decree was written. It is 
not clear who wrote it, though that is likely to be part of 
Anderson's investigation. The Carmona Decree, as it is now 
known, dissolved the GOV, the National Assembly, the Supreme 
Court, and the Citizen Power, including the prosecutor's 
office. The decree was signed publicly by the representatives 
of several institutions, and publicly proclaimed. This 
decree, and the political attacks against Chavista officials, 
is generally credited with sparking the reaction of loyal 
elements of the military, which led to Chavez' restitution on 
April 13. In 2002 the Supreme Court, sitting in Plenary 
Chamber, ruled that the events of April 11, 2002, did not 
constitute a coup, but rather a power vacuum, given Chavez' 
resignation. The decision halted attempts to try the military 
participants in the April events. 
 
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400 Blows 
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¶3.  (U) On September 30 Anderson announced that he expected 
to call 400 persons to testify, possibly as suspects, over 
the course of two months. He said he intended to investigate 
Carmona's ministers first, then those who signed the decree 
publicly, then those who signed privately after Carmona was 
sworn in, and finally those who were present at Miraflores 
during Carmona's swearing in ceremony as president. For this 
last group, Anderson plans to use videos to identify people. 
Anderson told the press that the investigation was beginning 
from the assumption that the crime committed was civil 
rebellion. Depending on the level of complicity, suspects 
might be charged as author, co-author, participant or 
accomplice. Anderson said he would not call Gen. Lucas 
Rincon, who announced Chavez' resignation, or the Vice 
President at the time, Diosdado Cabello, to testify. 
 
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Media Execs Testify 
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¶4.  (U) Globovision Director General Alberto Ravell testified 
before prosecutor Danilo Anderson on October 4, about an 
alleged meeting on April 13, 2002, between interim president 
Pedro Carmona and media executives, allegedly to design the 
interim government's communication policy. Anderson told 
reporters that he had learned of the meeting from testimony 
by Rafael Arreaza, Carmona's Health Minister. Anderson also 
summoned Globovision President Guillermo Zuloaga on October 
5, Venevision President Victor Ferrer on October 7, and 
Venevision owner Gustavo Cisneros on October 8. The media 
executives told reporters that the meeting with Carmona was 
public, that they had not met to design Carmona's 
communication policy, and that they had not signed the 
decree. Some noted that the allegation did not make sense 
because as independent media their role is not to advise a 
government on a communication strategy. 
 
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Fear Abounds 
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¶5.  (C) On October 5 PolOff spoke with Juan Martin 
Echevarria, who represents some of the potential suspects. He 
said he knew many people who were scared, and that some would 
follow Rafael Arreaza's step of coming forward and 
cooperating with Anderson to avoid being charged. Martin 
suggested that these testimonies could be manipulated by 
Anderson to implicate whoever he wanted in whatever crime he 
wanted. Martin suggested that the appointment of Anderson as 
prosecutor sent a powerful message, since people remembered 
that he sent Baruta Mayor Henrique Capriles to jail for 120 
days. Martin said the case was an attack against the 
opposition rear-guard, designed to shut down sources of 
financing and other support for opposition leaders by 
bringing the real threat of prison close to home. 
 
¶6.  (C) Most of those alleged to have signed apparently 
signed blank pieces of paper, which press reports have said 
were left out for people to sign their adherence to the 
decree. Maria Corina Machado, of SUMATE, listed as a signer 
on lists that have appeared in the press, alleges that she 
signed only a visitors book, though her lawyer, Martin, told 
PolOff she physically signed a blank piece of paper. Martin 
confirmed that Machado's mother also signed a piece of paper 
in Miraflores, and would probably be called to testify. 
 
¶7.  (C) Several people signed the decree publicly in the name 
of various social and political groups, including: Cardinal 
Velasco in the name of the Catholic Church; Carlos Fernandez, 
in the name of FEDECAMARAS; Zulia Governor Manuel Rosales, in 
the name of the regional governments. MVR Deputy Saul Ortega 
told PolOff on October 6 that it would probably be impossible 
to convict those who signed the blank pieces of paper, or 
those who were physically present. The ministers, and those 
who signed publicly, however, were guilty of treason and 
should be convicted, Ortega said. Construyendo Pais deputy 
Leopoldo Martinez, whom Carmona named Finance Minister, told 
PolCouns he did not believe Anderson would pursue a case 
against him because of his parliamentary immunity. Anderson, 
he asserted, was more intent on intimidating Chavez opponents 
than in ever taking the investigation to fruition. 
 
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Comment 
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¶9.  (C) Capitalizing on winning the referendum, the GOV is 
turning to ensure that opponents understand there is a cost 
to participation in politics against the government. It is 
also important for Chavistas that April 11 be legally defined 
as a coup, and those who supported the Carmona government as 
coupsters. The prosecutor's office is being used to convey 
this message. The beginning of the parade of persons 
answering Anderson's summons appeared to be fairly innocuous. 
The list is long, however, and there are bound to be 
flare-ups, for example when SUMATE representative Maria 
Corina Machado is called. That moment, while solely at 
Anderson's discretion, will likely occur at an advantageous 
moment for the GOV and an inopportune moment for its 
opponents.  Still unknown is how far the prosecutions are 
likely to proceed through the judiciary. 
McFarland