id: 240490 date: 12/17/2009 23:56 classification:...

id: 240490

date: 12/17/2009 23:56

refid: 09CARACAS1569

origin: Embassy Caracas

classification: CONFIDENTIAL

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C O N F I D E N T I A L SECTION 01 OF 05 CARACAS 001569

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E.O. 12958: DECL: 2034/12/17

TAGS: PREL, PGOV, VE

SUBJECT: Sorting Out the Cedeno Story

REF: 09 CARACAS 1553; 09 CARACAS 1537; 09 CARACAS 1509

09 CARACAS 1491; 09 1555

CLASSIFIED BY: Robin D. Meyer, Political Counselor, State, POL;

REASON: 1.4(B), (D)

1. (C) Summary. The December 10 release of imprisoned

banker Eligio Cedeno and the immediate detention of Judge Maria

Lourdes Afiuni, who ordered his release, have merged two issues:

corruption by Chavez insiders and the politicization of Venezuela's

judicial system. Embassy recommends a principled position on due

process issues but the avoidance of statements regarding the

particulars of specific charges. If not, Embassy cautions that we

could fall into a trap whereby the Venezuelan government (GBRV)

makes it appear that the United States is in collusion with corrupt

bankers. Embassy believes at least seven bankers being sought in

connection with recent banking scandals are in the United States.

End Summary.

Who is Cedeno and What Has He Allegedly Done?

2. (C) Eligio Cedeno is the former president of several

banks, including Banpro, Banco Bolivar, and Banco Canarias. He was

charged, along with Gustavo Arraiz, in November 2005 with

embezzlement ("distraccion de recursos financieros") in the case of

Microstar. The Prosecutor's Office alleged irregularities in the

authorization of USD 27 million to Microstar by CADIVI (Currency

Administration Commission) for the import of computers that

allegedly never entered the country. At the time, Cedeno was the

owner of the bank through which Microstar solicited the dollars

from CADIVI, and Arraiz was Microstar's representative. Cedeno and

Arraiz were detained in February and March 2007, respectively.

Their trial was annulled in May 2009 at the request of the Public

Ministry. The detention order against Cedeno was reinstated while

the case was reinitiated. In October, the Appeals Court for

Caracas ordered Cedeno's release because his detention had exceeded

the two-year maximum (see para 13 below). The Public Ministry

appealed the release order to the Constitutional Committee of the

Supreme Court and prevailed. The Court reportedly extended the

period of permissible detention until July 2010.

3. (C) Views vary regarding the legitimacy of the

underlying accusations against Cedeno. In an interview with "El

Mundo Economico y Negocios" in October 2009, Cedeno said he

believed his arrest was related not to the Microstar case, where he

claimed there was no evidence of any damage to the bank, but to his

alleged assistance in the escape from the country of union leader

Carlos Ortega, who being investigated on corruption charges.

According to Cedeno, "since they could not prove that I paid for

his escape, well they said, 'open a case against him and detain

him.'" Human rights attorney Carlos Ayala told Polcouns on

December 14 that two former prosecutors involved in Cedeno's case

were now in Miami, where they reportedly had filed affidavits

claiming they had been ordered to prosecute Cedeno regardless of

the facts. However, Embassy is aware that there may be information

linking Cedeno to criminal activities, including the illicit

acquisition of two banks.

Assessing Judge Afiuni's Decision to Release Cedeno

4. (C) On December 10, Judge Afiuni convened a hearing on

the embezzlement charges against Cedeno. According to press

reports, the two prosecutors involved in the case notified her that

they could not attend because of their required attendance at

another hearing on the bankers detained in connection with the

recent banking scandal (reftels). Judge Afiuni decided to defer

the hearing. However, she then considered Cedeno's defense

CARACAS 00001569 002 OF 005

attorneys' request to revoke Cedeno's detention order. They

reportedly presented her with the opinion of the UN Task Force on

Arbitrary Detention, which argued that Cedeno's detention was a

violation of due process because of the repeated trial delays due

to government inaction and because his detention exceeded two

years. Judge Afiuni agreed to his release but prohibited him from

leaving the country, required him to surrender his passport, and

required him to appear before her every 15 days.

5. (C) According to press reports, about twenty minutes

after Cedeno's departure from the courthouse, DISIP agents appeared

and detained the judge and two sheriffs, Rafael Rondon and Carlos

Lotuffo. DISIP agents later searched Cedeno's residence and

detained one of his attorneys, Jose Rafael Parra Saluzzo, who was

planning to leave the country, presumably for the holidays. They

also later issued an arrest warrant for Cedeno as a fugitive.

Cedeno's attorney was released later that same day, while the

sheriffs were released conditionally on December 14 following

protests by the sheriffs' organization. The two sheriffs are

charged with corruption, aiding in the evasion of justice

("favorecimiento para la evasion"), and conspiracy ("asociacion

para delinquir").

6. (C) Judge Afiuni is being held in the DISIP facility,

Helicoide, pending her transfer to the women's detention facility

("Instituto Nacional de Orientacion Feminina," INOF). Judge

Afiuni's attorney has requested that she not be transferred because

of concerns that women she might have sentenced might harm her. In

a December 15 interview on the official VTV television, Attorney

General ("Fiscal") Luisa Ortega Diaz said that Judge Afiuni had

committed many procedural irregularities and questioned the

"inordinate haste" with which she had acted to authorize Cedeno's

release. The government charged Judge Afiuni with corruption,

abuse of authority, aiding in the evasion of justice, and

conspiracy. To date, only circumstantial evidence has been

reported in the press to justify those charges, specifically, the

allegation that the judge herself took Cedeno out the back exit of

the courthouse to a waiting motorcycle (see para 8 below).

7. (C) There are different views on the facts and law

involved in Cedeno's release and the judge's imprisonment:

* Contact with Lawyers: Attorney General Ortega alleged

that Judge Afiuni had violated Article 12 of the Penal Code by

having contact with one of the parties without the presence of the

other parties to the case. The President of College of Attorneys,

Ivette Lugo, publicly argued that Article 264 of the Penal Code,

which deals with the review of a detention order, does not require

the presence of the Public Ministry.

* Pre-Trial Detention: Cedeno's attorneys argue that his

continued detention contravenes Article 244 of the Penal Code that

establishes a maximum two-year period for pretrial detention. The

President of the College of Lawyers said that Cedeno's detention

violated Article 244 because it exceeded two years. In contrast,

Attorney General Ortega noted in the December 15 interview that

Article 244 also provides for extensions to that two-year maximum

for "serious cause" and that the Appeals Court had in fact granted

a 16-month extension.

* Release Order ("Boleta de Excarcelacion"): Some press

reports quoted Cedeno's attorneys as saying that Judge Afiuni

signed and issued a release order before Cedena left the

courthouse. Some reports cited the sheriffs as saying that the

judge had said she was going to issue the order. PSUV National

CARACAS 00001569 003 OF 005

Assembly Deputy Escarra said on December 15 that the judge had

issued the release order. However, Attorney General Ortega said in

the December 15 interview that no such required release order had

been issued.

* Cedeno's Departure from the Courthouse: Some press

reports claimed that Cedeno left the courthouse through the main

entrance. However, most later press reports said he immediately

departed the courthouse through the judges' private elevator,

through a garage, and out a back exit, where a motorcycle was

waiting for him. Some reports say that Judge Afiuni personally

accompanied him to the back exit and to the waiting motorcycle.

* Sheriffs' Arrest: The sheriffs argue they were just

following judge's orders in permitting Cedeno's departure.

Attorney General Ortega, however, accused them of violating

procedures by not requiring the release order before permitting

Cedeno to leave the courthouse.

* Judge's Imprisonment: President Chavez and Attorney

General Ortega initially focused on the fact that Judge Afiuni made

the release decision without the participation of the prosecutors

and thereby had impermissible contact with one of the parties to

the case. According to Article 86 of the Penal Code, recusal is

the prescribed sanction for judges who, inter alia, have

"maintained directly or indirectly, without the presence of all of

the parties, any kind of communication with any one of them or

their lawyers, about the matter submitted for his knowledge."

Chavez Orchestrates the Judicial and Legislative Response to

Cedeno's Release

8. (C) In a television and radio broadcast on December 12,

President Chavez called for Judge Afiuni's imprisonment for 30

years to set an example for other judges. "This judge is a

criminal, everything was prearranged, the judge violated the law

because she called Cedeno to a hearing without the presence of the

representatives of the Public Ministry and took him out by the back

door." He demanded that the Attorney General ensure that the judge

and all those involved pay with "the full force of the law" and

said "it is more serious that the judge frees a criminal than the

criminal himself." President Chavez also asked the National

Assembly to pass a law to prevent similar judicial actions in the

future.

9. (C) President Chavez' PSUV Party (United Socialist Party

of Venezuela) announced on December 15 that it would propose in the

National Assembly the creation of an inter-branch ("interpoderes")

commission to evaluate judges. PSUV Deputy Escarra explained that

the commission would go beyond the specific case of Judge Afiuni to

clean up the system "that still in great measure is in the hands of

mafias who have distorted justice and fertilized the ground with

impunity." According to Escarra, the Commission "will do an

exhaustive evaluation of each and every judge and reinvigorate the

judiciary. It is necessary to combat this kind of conduct by this

judge and others who buy million dollar homes" with their salaries.

10. (U) On December 15, Public Defender Gabriela Ramirez said

that the investigation into Cedeno's release should include all

those officials behind this case and who were complicit.

CARACAS 00001569 004 OF 005

The Backlash against the Judicial Attack

11. (U) The College of Lawyers, opposition political parties,

and NGOs have protested the continued detention of Judge Afiuni and

called for her immediate release. The spokesperson for the College

of Lawyers said the case of "makes clear the breakdown of the rule

of law and of the principle of the separation of powers." The

Venezuelan press reported the statements of the UN Task Force on

Arbitrary Detention, in which they accused the government of Hugo

Chavez of "creating a climate of terror in the judiciary" with the

goal of "undermining the rule of law." The papers also quoted them

as saying that the Cedeno case demonstrated the interference of the

executive branch in the judiciary. They called the arrest of the

judge a "strike by President Hugo Chavez at the independence of the

judges and lawyers of the country."

Relevant Provisions of the Penal Code (informal translation)

12. (U) Relevant Provisions of the Penal Code include:

* "Article 243: Liberty (Estado de Libertad): Everyone

accused of participating in a punishable act shall remain in

freedom during the trial except in exceptional circumstances

established by this Code. The deprivation of liberty is a

preventive measure that shall only be applied when other preventive

measure are insufficient to assure the purposes of the trial."

* "Article 244. Proportionality. No coercive measure

shall be ordered when such a measure appears disproportionate in

relation to the gravity of the crime, the circumstances of its

commission and the likely sanction.

In no case shall it exceed the minimum penalty established for each

crime nor exceed a period of two years. In exceptional

circumstances the Public Ministry or the plaintiff may request the

officiating judge ("juez de control") an extension that shall not

exceed the minimum sentence established for the crime . . . when

there exists serious causes ("causas graves") that justify it,

which shall be duly explained by the prosecutor or the plaintiff.

In this case, the officiating judge shall convoke the accused and

the parties to an oral hearing with the goal of deciding, taking

into account, with the objective of establishing the period of the

extension, the principle of proportionality."

* "Article 264. Review. The accused may seek a revocation

or substitution of the judicial measure of preventive detention as

many times as he may consider it pertinent. In any case, the judge

shall examine the necessity of maintaining the preventive measures

every three months and when he considers it appropriate may

substitute less serious measures. The denial by the court of a

revocation or substitution is not appealable."

Context: Wider Banking Scandal

13. (C) Between November 20 and December 11, the GBRV closed 8

banks associated with government insiders (Banpro, Banco Canarias,

Banco Bolivar, Banco Confederado, Central Banco Universal, Banco

Real, Baninvest, and Banorte) (refs a-d). Cedeno is the former

president of three of these banks, Banpro, Banco Canarias, and

Banco Bolivar. According to press reports, 10 bankers are being

CARACAS 00001569 005 OF 005

detained, another 28 detention orders have been issued, 9 Interpol

red alerts have been requested by the GBRV, and 15 people have been

prohibited from leaving the country. Embassy understands that

about eleven people being sought are believed to have left the

country, of whom seven are believed to be in the United States.

Comment

14. (C) While it seems that Cedeno's incarceration may have

exceeded Venezuelan legal norms, the Embassy is not in a position

to evaluate the underlying merits of the government's original case

against Cedeno, the circumstances of his release from detention, or

the legal arguments regarding the correctness of the judge's

decision under Venezuelan law. The Embassy notes that the timing

of Cedeno's release and the banking scandal may be coincidental.

However, the factual, legal, procedural, and public diplomacy

issues raised in the Cedeno case are likely to arise again in the

cases of the individuals involved in the recent banking scandal.

For this reason, Embassy urges the Department to avoid statements

on the particulars of specific charges. Such statements could lead

us into a trap whereby the Venezuelan government makes it appear

that the United States is in collusion with corrupt bankers.

President Chavez would likely relish the opportunity to make such

an accusation.

15. (C) However, Embassy strongly believes that the

politicization of the judicial process -- as evidenced by President

Chavez' immediate demand for the judge's imprisonment for 30 years,

the statement by the President of the Supreme Court that the

separation of powers weakens the state (ref e), and the National

Assembly's decision to establish a judicial review commission --

demonstrates the alarming erosion of due process in Venezuela.

Embassy urges Department to take a principled stand on the general

issues of due process and the separation of powers, while

recognizing that such statements may be used to support potential

asylum requests.

DUDDY

=======================CABLE ENDS============================

id: 241525

date: 12/23/2009 20:17




destination: 09CARACAS1569|09CARACAS1589

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SIPDIS







E.O. 12958: DECL: 2019/12/23

TAGS: PREL, PHUM, PGOV, VE

SUBJECT: Dueling Expectations regarding Cedeno's Return

REF: 09 CARACAS 1569; 09 CARACAS 1589


REASON: 1.4(B), (D)

Foreign Minister Maduro: Expect Cedeno's Prompt Return

1. (U) During a December 22 press conference to discuss the

results of Copenhagen-15, Foreign Minister Nicolas Maduro said that

all the documentation required under the U.S.-Venezuela Extradition

Treaty to request fugitive banker Eligio Cedeno's return had been

provided to the United States so that Cedeno could be returned in a

"expeditious and transparent" manner (see ref a for background on

the Cedeno case). He said they expected Cedeno to be returned

very soon and warned that, if the United States did not comply with

the treaty, "it could involve a revision of the treaty in the

future" since the United States would be acting in an

"irresponsible manner" with regard to its international agreements.

He recalled that the United States had permitted Manuel Rosales to

enter the country despite an Interpol Red Notice and then had

denied having any knowledge of his presence.

2. (U) Maduro also characterized as "dirty maneuvers"

("vulgares maniobras") the efforts to portray Cedeno as politically

persecuted. He said the Venezuelan opposition should be "ashamed"

that many people who have joined its ranks as leaders are

"delinquents." "If the United States does not return this fugitive

[Cedeno], it will put the Venezuelan opposition and the cooperation

mechanisms with regard to judicial matters in a bad light ["mal

parados"]."

Attorney General Ortega: Don't Expect Cedeno's Extradition

3. (U) In contrast, Attorney General Luisa Ortega Diaz said

on December 22 that she did not expect the United States to return

Cedeno to Venezuela, noting that it was the right of states to make

their own determinations regarding the deportation of individuals

inside their territory. However, she said that "without a doubt,

the United States has a duty, a moral commitment, to do so, but if

they do not want to [deport him], they are not obligated to do so."

She recalled that the United States has still not provided a

response to the Venezuelan government's request three years ago for

the extradition of accused terrorist Luis Posada Carriles. In

response to a question about Cedeno's reported petition for

political asylum, Ortega only said that "it was up to the United

States to concede it [asylum] or not."

4. (U) Ortega reiterated that Cedeno was a fugitive and

said she presumed that he was being detained in the United States

pursuant to the Interpol Red Notice. She also said that all the

information required for Cedeno's extradition had been provided to

the United States, including the criminal charges against him, the

dates and nature of his alleged criminal acts, the potential

sentences for each of the charges if convicted, details of the

judicial proceedings against Cedeno to date, and his recent

"escape" from justice.

Expert Lawyer: Cedeno Likely to Get Asylum

5. (U) Daily El Universal cited a Dominican legal expert,

Madeleine Garcia, with experience handling U.S. immigration cases,

who assessed as high the likelihood of Cedeno being granted asylum

because of both President Chavez' statements about him and his

prolonged detention without a conviction. However, she noted the

extended timelines involved in asylum cases - 180 days if the

person is not detained, sooner if the person is detained. In

CARACAS 00001597 002 OF 002

either case, however, she cautioned that the timeline could be

extended. She also commented that if Cedeno's asylum claim were

denied, he would not necessarily be deported to Venezuela but could

be sent to a third country.

Judge Afiuni: Insists She Is Being Threatened

6. (U) Judge Afiuni, who ordered Cedeno's release on

December 10, remains in detention at the women's detention facility

(INOF) (ref b). Despite assurances from the prosecutors that Judge

Afiuni was not facing any threats to her life by being detained in

that facility, the judge, through her attorney, reportedly said

that "I told them that I have not been physically assaulted, they

have not injured me, but they come to the doors of the cell where I

am locked up and shout that they are going to burn me alive. I

told the prosecutor [who visited her over the weekend] that if they

throw an explosive or incendiary device inside, I will die they

like did at 'La Planta' [Note: 'La Planta' is a prison in Caracas

where about 30 inmates died in 1996 in a fire allegedly set by a

National Guardsmen. End Note.] ... I have four witnesses. I will

soon issue a public letter denouncing this."

7. (U) The press reported also that the International

Commission of Jurists asked the Venezuelan government on December

22 to guarantee Judge Afiuni due process, including her right to be

released pending trial, and to guarantee her safety while detained.

Comment

8. (C) The dueling expectations of Maduro and Ortega - of

a quick return and of no return - tend to give some support to

rumors that Chavez and members of his inner circle view the Cedeno

case with different levels of interest. Chavez and Maduro are

taking a hard line. With regard to Maduro's linkage of Cedeno

with the political opposition, Embassy is not aware of any ties

between Cedeno and opposition political parties. Some members of

the opposition have publicly expressed concern about the lack of

due process in Cedeno's and Afiuni's cases, but the opposition has

not championed his cause, although some had included Cedeno in

their list of political prisoners held in Venezuela. There are

unsubstantiated rumors that Cedeno has been funding the element of

the student movement led by Julio Rivas; the law firm representing

Cedeno has been providing pro bono legal assistance to Rivas.

9. (C) On the other hand, before Cedeno's imprisonment, he

was closely linked with Chavez' inner circle and was doing business

with the Chavez government. Indeed, Chavez' daughter was

supposedly romantically linked to Cedeno's former partner. Such a

link may contribute to the adamancy of Chavez' views on the Cedeno

case.

DUDDY

id: 241525

date: 12/23/2009 20:17




destination: 09CARACAS1569|09CARACAS1589

header:

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DE RUEHCV #1597/01 3572018

ZNY CCCCC ZZH

O 232017Z DEC 09




RHEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC IMMEDIATE




----------------- header ends ----------------


SIPDIS







E.O. 12958: DECL: 2019/12/23


SUBJECT: Dueling Expectations regarding Cedeno's Return

REF: 09 CARACAS 1569; 09 CARACAS 1589


REASON: 1.4(B), (D)

Foreign Minister Maduro: Expect Cedeno's Prompt Return

1. (U) During a December 22 press conference to discuss the

results of Copenhagen-15, Foreign Minister Nicolas Maduro said that

all the documentation required under the U.S.-Venezuela Extradition

Treaty to request fugitive banker Eligio Cedeno's return had been

provided to the United States so that Cedeno could be returned in a

"expeditious and transparent" manner (see ref a for background on

the Cedeno case). He said they expected Cedeno to be returned

very soon and warned that, if the United States did not comply with

the treaty, "it could involve a revision of the treaty in the

future" since the United States would be acting in an

"irresponsible manner" with regard to its international agreements.

He recalled that the United States had permitted Manuel Rosales to

enter the country despite an Interpol Red Notice and then had

denied having any knowledge of his presence.

2. (U) Maduro also characterized as "dirty maneuvers"

("vulgares maniobras") the efforts to portray Cedeno as politically

persecuted. He said the Venezuelan opposition should be "ashamed"

that many people who have joined its ranks as leaders are

"delinquents." "If the United States does not return this fugitive

[Cedeno], it will put the Venezuelan opposition and the cooperation

mechanisms with regard to judicial matters in a bad light ["mal

parados"]."

Attorney General Ortega: Don't Expect Cedeno's Extradition

3. (U) In contrast, Attorney General Luisa Ortega Diaz said

on December 22 that she did not expect the United States to return

Cedeno to Venezuela, noting that it was the right of states to make

their own determinations regarding the deportation of individuals

inside their territory. However, she said that "without a doubt,

the United States has a duty, a moral commitment, to do so, but if

they do not want to [deport him], they are not obligated to do so."

She recalled that the United States has still not provided a

response to the Venezuelan government's request three years ago for

the extradition of accused terrorist Luis Posada Carriles. In

response to a question about Cedeno's reported petition for

political asylum, Ortega only said that "it was up to the United

States to concede it [asylum] or not."

4. (U) Ortega reiterated that Cedeno was a fugitive and

said she presumed that he was being detained in the United States

pursuant to the Interpol Red Notice. She also said that all the

information required for Cedeno's extradition had been provided to

the United States, including the criminal charges against him, the

dates and nature of his alleged criminal acts, the potential

sentences for each of the charges if convicted, details of the

judicial proceedings against Cedeno to date, and his recent

"escape" from justice.

Expert Lawyer: Cedeno Likely to Get Asylum

5. (U) Daily El Universal cited a Dominican legal expert,

Madeleine Garcia, with experience handling U.S. immigration cases,

who assessed as high the likelihood of Cedeno being granted asylum

because of both President Chavez' statements about him and his

prolonged detention without a conviction. However, she noted the

extended timelines involved in asylum cases - 180 days if the

person is not detained, sooner if the person is detained. In

CARACAS 00001597 002 OF 002

either case, however, she cautioned that the timeline could be

extended. She also commented that if Cedeno's asylum claim were

denied, he would not necessarily be deported to Venezuela but could

be sent to a third country.

Judge Afiuni: Insists She Is Being Threatened

6. (U) Judge Afiuni, who ordered Cedeno's release on

December 10, remains in detention at the women's detention facility

(INOF) (ref b). Despite assurances from the prosecutors that Judge

Afiuni was not facing any threats to her life by being detained in

that facility, the judge, through her attorney, reportedly said

that "I told them that I have not been physically assaulted, they

have not injured me, but they come to the doors of the cell where I

am locked up and shout that they are going to burn me alive. I

told the prosecutor [who visited her over the weekend] that if they

throw an explosive or incendiary device inside, I will die they

like did at 'La Planta' [Note: 'La Planta' is a prison in Caracas

where about 30 inmates died in 1996 in a fire allegedly set by a

National Guardsmen. End Note.] ... I have four witnesses. I will

soon issue a public letter denouncing this."

7. (U) The press reported also that the International

Commission of Jurists asked the Venezuelan government on December

22 to guarantee Judge Afiuni due process, including her right to be

released pending trial, and to guarantee her safety while detained.

Comment

8. (C) The dueling expectations of Maduro and Ortega - of

a quick return and of no return - tend to give some support to

rumors that Chavez and members of his inner circle view the Cedeno

case with different levels of interest. Chavez and Maduro are

taking a hard line. With regard to Maduro's linkage of Cedeno

with the political opposition, Embassy is not aware of any ties

between Cedeno and opposition political parties. Some members of

the opposition have publicly expressed concern about the lack of

due process in Cedeno's and Afiuni's cases, but the opposition has

not championed his cause, although some had included Cedeno in

their list of political prisoners held in Venezuela. There are

unsubstantiated rumors that Cedeno has been funding the element of

the student movement led by Julio Rivas; the law firm representing

Cedeno has been providing pro bono legal assistance to Rivas.

9. (C) On the other hand, before Cedeno's imprisonment, he

was closely linked with Chavez' inner circle and was doing business

with the Chavez government. Indeed, Chavez' daughter was

supposedly romantically linked to Cedeno's former partner. Such a

link may contribute to the adamancy of Chavez' views on the Cedeno

case.

DUDDY

id: 241316

date: 12/22/2009 21:27




destination: 09CARACAS1569

header:

VZCZCXRO3350


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DE RUEHCV #1589/01 3562128

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O 222127Z DEC 09







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SIPDIS







E.O. 12958: DECL: 2019/12/22


SUBJECT: Chavez Calls for Cedeno's Extradition and 35-Year Sentence

for the Judge

REF: 09 CARACAS 1569


REASON: 1.4(B), (D)

Chavez Calls for Expeditious Extradition of Cedeno ...

1. (C) During a December 21 broadcast, President Chavez

announced that fugitive banker Eligio Cedeno had been detained in

the United States and asked the relevant government ministries to

quickly put together the necessary documentation for an extradition

request to the United States (see reftel for background on Cedeno

case). Chavez added, "Let's hope they extradite him." Chavez

alleged that Cedeno had illegally left Venezuela since the judge

had only granted him a conditional release, which prohibited him

from leaving the country and required him to appear before the

court every 15 days. (Note: The judge also required him to turn

in his passport, although it is not clear whether he actually

submitted his passport before he left the courthouse on December

10. According to DHS, Cedeno entered the United States with a

valid Venezuelan passport and visa foil #64533655, issued by

Embassy Caracas on September 10, 2003. It is therefore not clear

what, if anything, he provided to the court pursuant to the judge's

conditional release order.)

2. (C) Venezuelan Ambassador to the United States Bernardo

Alvarez told Ambassador Duddy on December 20 that the Foreign

Ministry was working with the other relevant ministries to quickly

put together the extradition request.

... and "Full Force of the Law" Against Judge Afiuni

3. (U) Chavez reiterated his call for the judicial system to

apply the full force of the law to Judge Afiuni, who ordered

Cedeno's conditional release on December 10. According to Chavez,

"Everything was planned and they took out this man by the back

door. Is she or is she not imprisoned for good reason? She is."

("Esta o no bien presa esa jueza? Esta bien.") He continued, "How

is there going to be justice in a country where judges can lend

themselves to that? ... If a killer gets 30 years, a judge should

get 35 years. I ask for the maximum sentence for the judge who

lends herself to such violations ("vagabunderias"), and not in an

office, but in prison."

4. (U) Judge Afiuna remains imprisoned at the women's

detention facility (INOF), where she was transferred on December 18

despite protests from her attorneys that she faced threats from

prisoners she may have sentenced. Her lawyers have filed requests

to have her detention order reviewed and to have her moved to

another facility. A prosecutor and a doctor reportedly visited her

in prison yesterday and "certified" that the judge said she had not

been subject to death threats and was in good health.

... and Warns Other Bankers

5. (U) Chavez congratulated Attorney General Luisa Ortega

Diaz and the police investigative bodies for their work in the case

of the banking scandal (reftel). "Fall whoever falls ... we are

obligated to look under a bigger magnifying glass... to follow the

investigations." He reiterated his insistence that the president

of the Banco Federal, Nelson Mezerhane, clarify to the Attorney

General a statement he allegedly made last week in which he said

the recent banking crisis was produced in a "laboratory" by people

"linked to the government." Chavez had previously requested an

investigation into Mezerhane's alleged statement.

CARACAS 00001589 002 OF 002

Who is Judge Afiuni?

6. (U) A profile of Judge Afiuni carried in the December 19

edition of "El Nacional" described her a law school graduate who

worked for ten years in the police investigative service (CICPC)

before entering the judiciary in 2002, rising to her position of

judge in 2006. When the Cedeno case was assigned to her on

November 25, she reportedly commented to a friend that such a

"polemical" case could ruin her plans to travel to Miami, as she

does every year, to take advantage of the after-Thanksgiving Day

sales. However, she reportedly did make her annual shopping trip

to Miami and returned loaded down with suitcases and without even

enough money to pay the taxi driver who took her home from the

airport. However, the article quoted her family as saying they did

not have the financial resources to pay for private defense

attorneys and that her attorneys were personal friends who had

agreed to work pro bono.

7. (U) The article also cited a co-worker, who characterized

Afiuni as "honest, hard-working, professional, and fair. I would

not walk on coals for anyone ("no meto las manos en el fuego por

nadie"), but I would for her." A bailiff at the Ministry of

Justice said he had once overheard Afiuni tell the president of the

judicial circuit: "Don't send me political cases, leave me be,

tranquil, with my common prisoners." Another colleague commented

that "all criminal judges pray to God that we don't get a case

where the government has an interest because to decide according to

the law could cost us our job."

Comment

8. (C) Given Afiuni's reported interest in avoiding

politically-charged cases, her decision to release Cedeno is

surprising since his release after almost three years was certain

to attract attention from the highest levels of the government,

especially in light of the banking scandal that had led the

government to intervene in eight banks.

DUDDY

id: 240490 date: 12/17/2009 23:56 classification:...

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