Law and Justice under a Dictatorial Regime:
The Partiality of the Actors participating in the Criminal Investigation against Edmundo González Urrutia

By Dante Alighieri (pseud)

 

From our bridge he said: 'Hey, Malebranche, here is one of the magistrates of Santa Zita... You submerge him, for I return again to that land, which is well supplied with them: there every man is corrupt, except Bonturo; for money, there one becomes a non-ita ́ ́'" (Inferno, Canto XXI, verses 37-42)

15 September 2024

 

The administration of justice in Venezuela, like the infernal circles of The Divine Comedy, has descended to deep levels of corruption and bias, generating a dark and hopeless panorama. The case of Edmundo Gonzalez Urrutia, whose criminal procedure has sparked a torrent of criticism, reflects this journey through a legal underworld, in which impartiality and justice seem to have been condemned to oblivion. Just as Dante encounters lost souls trapped in their destiny, the Venezuelan judicial system has become caught in the web of political interests that distort its founding principles. This article examines the elements underlying these concerns and explores how the lack of independence in judicial and fiscal institutions contributes to the erosion of fundamental rights and guarantees in the country.

 

On the independence of the Judicial System in Venezuela

The president of the court, Caryslia Rodriguez, announced at the court headquarters in Caracas that, after carrying out “the expert opinion” of the electoral process requested by President Nicolás Maduro, the Court had decided to “validate” his victory.

In its ruling, the TSJ indicated that the Chamber "certifies in an unobjectionable manner the expert electoral material" and "validates the results of the presidential election of July 28, 2024 issued by the CNE, in which he was elected Nicolás Maduro Moros as President of the Republic".

This decision revived complaints of the lack of independence of the TSJ by Venezuelan society, which continues to accuse the TSJ of bowing to Maduro's designs to allow a coup d'état. The decision also provoked a new wave of criticism from international organizations, national and international non-governmental organizations, and multiple democratic governments.

There are many criticisms of the appointment procedure by which the current TSJ judges were chosen, increasing doubts about their impartiality. All its members have been appointed by the National Assemblies (parliaments) dominated by the ruling party. Among the selected judges there are some who have been active in the ruling United Socialist Party of Venezuela (PSUV) and have even held popularly elected and/or appointed positions in other public powers. Among them are:

• Calixto Ortega, who was a deputy of the National Assembly and vice chancellor during the government of Hugo Chávez.
• Caryslia Rodriguez, The current president of the TSJ and president of the Electoral Chamber, who was elected councilor in 2018 for the PSUV and, later, was mayor in charge of the Capital District.
• Edgar Gavidia Rodríguez, who has been a Magistrate since 2014 (having already been in office for more than 10 years), was active in the Fifth Republic Movement (MVR) - the political party of Hugo Chávez, which would later become the PSUV - was elected vice president of the Metropolitan Council by part of the MVR before becoming a Magistrate and is the brother of the ex-husband of the first lady Cilia Flores.
• Tania D'Amelio Cardiet, Second vice president of the TSJ and president of the Constitutional Chamber, who was rector of the CNE, president of the National Electoral Board and deputy of the PSUV for ten years.

The Venezuelan Constitution requires that, “to guarantee their independence and impartiality,” judges may not carry out political activism, but this only applies from the date of their appointment and until their dismissal. Caryslia Rodriguez She was appointed magistrate of the TSJ in 2022. This is one of the reasons why the mechanism planned for the election of magistrates in Venezuela has been so questioned. Ideally, the appointment of magistrates should be prohibited to those who have held positions in another public administration body and who do not come exclusively from the judicial career.

The UN Independent Fact-Checking Mission pointed out that the ruling National Assembly modified the composition of the Judicial Nominations Committee in 2022 to ensure government control of the TSJ and elected the 20 magistrates that currently comprise it.

According to the president of the UN mission, Marta Valiñas, the government also exercises “undue interference” in the decisions of the TSJ “through direct messages and public statements” of Nicolás Maduro Moros and other important figures of the regime, such as Diosdado Cabello, the current vice president of the ruling party.

The United Nations Independent Fact Verification Mission in Venezuela warned about the “lack of independence and impartiality of the TSJ and the CNE.” Additionally, the Independent Mission adds that the TSJ has “a role within the repressive machinery of the State.”

For its part, Jennie K. Lincoln, head of the Carter Center's electoral observation mission in Venezuela, questioned whether the TSJ was involved in the electoral process, since "it is not an independent evaluation." In an interview with the AP agency, he pointed out that, instead of going to the TSJ, due process required that Nicolás Maduro Moros first demand that the CNE publish the election data table by table.

The Inter-American Commission on Human Rights, in January of this year, stated that the rulings of the TSJ that prevented prominent opposition figures from participating in the elections confirm that “the Venezuelan justice system does not offer guarantees of independence and impartiality.”

The Venezuelan government maintains, however, that criticism of the institutions is part of an international campaign against the Bolivarian Revolution and has defended the alleged independence of the judiciary. Freddy Nañez, Minister of Communication, explained in an interview with state television that the TSJ ruling on Maduro's electoral appeal represents “an act of the highest institutionality that ratifies the republican nature of our processes and our institutions,” and that “our democracy comes out strengthened.”

It is important to mention that Ñáñez is not a lawyer and his professional and political career has focused on the arts, culture and the media. Furthermore, his permanence in the position of minister depends on the regime remaining in power, since it is a position of free appointment and removal by the President of the Republic. Therefore, your opinion on this matter is not only inexperienced but also biased.

 

On the Independence of the Attorney General's Office of the Republic

 

Who is Tarek William Saab, the current Attorney General of the Republic?

Graduated in Law from the Santa María University of Caracas and with a postgraduate degree in Criminal Law, Towing William Saab began his public rise after meeting Hugo Chavez in the 1990s, contributing to the pardon of Chávez by the former president Rafael Caldera in 1994. Called by Chávez "the poet of the revolution", Saab has published numerous poems since he was 15 years old. He held positions as a deputy of the National Assembly for the PSUV, where he chaired parliamentary commissions, and was Governor of the Anzoátegui State during the periods 2004-2012. During his term as governor, he faced accusations of corruption and was subsequently elected Ombudsman for the period 2014-2021. However, he left office in 2017 to replace Luisa Ortega Diaz, the previous Attorney General of the Republic, who was fired for trying to maintain the independence of the Citizen Power after the political crisis of 2017. Currently, Ortega Díaz is in exile and is considered Attorney General of the Republic in exile, since her dismissal in 2017 is considered by many to be an unconstitutional act.

The political career of Towing William Saab It has not been without controversy. He was elected governor of the state of Anzoátegui in two consecutive terms (2004-2012) and in 2014 he was appointed Ombudsman. Subsequently, he was appointed Attorney General by the Constituent Assembly in a controversial act, given the political context of the country. This same Assembly, controlled entirely by the ruling party, dismissed Luisa Ortega Diaz, a prosecutor critical of the Government. In 1993, Towing William Saab He was appointed head of the human rights office of the Caracas Municipal Council. He met the lieutenant colonel at the San Carlos Barracks Hugo Chavez, who had participated in the 1992 coup d'état, and defended Chávez along with a group of jurists, managing to intercede with President Caldera to obtain his pardon in 1994.

International personal sanctions imposed by the governments of Colombia, USA, Canada, Swiss and the countries that make up the European Union have been applied against Towing William Saab for undermining democracy in Venezuela.

As Fiscal General, Towing William Saab has led a campaign of repression against opponents of the regime, issuing accusations, defamations and arrest warrants against prominent figures of opposition parties under improvised allegations of conspiracy, terrorism and treason. Despite these accusations of authoritarianism and political persecution, Towing William Saab seeks to maintain a public image as a defender of human rights. Among its targets are journalists, activists, politicians, minors and members of the movement. Sell ​​Venezuela, led by Maria Corina Machado, who are accused of conspiracy to overthrow the regime.

At the moment, Towing William Saab is a partner in the campaign of repression, persecution and state terrorism called Operation TunTun, which is a machinery of human rights violation directed against citizens who protest against the regime's abuses and misinformation. The victims of this operation are intimidated by uniformed bodies that, instead of protecting the safety and integrity of citizens, ensuring their procedural guarantees and maintaining public order, lend themselves to committing serious physical and psychological harm, using their weapons against of them, only because the Minister of Defense, Vladimir Padrino López, so ordered or because the Prosecutor's Office has issued an arrest warrant that some officials consider a carte blanche for the commission of abuses and crimes against humanity.

 

On the independence of direct actors:

 

Who is the judge who ordered the arrest of Edmundo González Urrutia?

The order was issued by the judge Edward Briceno just hours after receiving a request from the Attorney General's Office of the Republic.

The judge Edward Miguel Briceño Cisneros, with identity card V-17514632, holds the position of Special Judge of First Instance in Control Functions with Competence in Cases Linked to Crimes Associated with Terrorism with National Jurisdiction and Competence to Know and Decide in Crimes Associated with Corruption and Crime. According to his LinkedIn profile, Edward Miguel Briceño Cisneros is a lawyer graduated from Santa María University in 2008 and a specialist in Criminal Law from the same university in 2011. He later worked in the Public Defender's Office until his dismissal on April 25, 2023. According to the Noticias Venezuela platform, to date there is no record in the Official Gazette that accredits his appointment as a judge in any judicial instance.

 

Who is the Prosecutor who requested the arrest of Edmundo González Urrutia before the court?

For his part, the prosecutor assigned to the case, Luis Ernesto Dueñez Reyes, is the 36th National Plena Assistant Prosecutor in charge of the 58th Prosecutor's Office of the Plena National. He was appointed as Assistant Prosecutor of the Drug Directorate of the Judicial District of the State of Táchira, as stated in Official Gazette No. 41,346 of February 22, 2018. He is the one who accuses Edmundo Gonzalez Urrutia of alleged usurpation of functions, forging of a public document, instigation to disobedience of the laws, conspiracy, sabotage of systems and crimes of association. To date, I have not found another reference to the citizen in the Official Gazette. It should be noted that government pages are inactive, making it difficult to verify recent appointments. However, he does not appear to be assigned to the jurisdiction of the Caracas Metropolitan Area nor to be a prosecutor specializing in the crimes for which he was charged. Edmund Gonzalez Urrutia. Being a case as significant as a criminal investigation against a presidential candidate, one would imagine that the Public Ministry would appoint one of its best and most recognized prosecutors, not an Assistant Prosecutor from the interior of the country about whom there is so little information.

 

Reactions of the International Community to the Summons and subsequent Arrest Order

At least eight Latin American countries, the United States and the European Union condemned the arrest order against González.

The governments of Argentina, Costa Rica, Guatemala, Paraguay, Peru, the Dominican Republic and Uruguay issued a joint statement in which they assured that the judicial decision “constitutes political persecution.” The note states: “We condemn these dictatorial practices and our efforts will be firm and continuous to demand that the Venezuelan authorities guarantee the life, integrity and freedom of Edmundo González Urrutia.”

The Chilean Ministry of Foreign Affairs published a statement in which it “strongly” rejected the arrest order issued by the Venezuelan Attorney General's Office and reiterated its “condemnation of any form of repression against Maduro's opponents.”

For his part, the Undersecretary of State for Western Hemisphere Affairs of the United States, Brian Nichols, criticized the Maduro government for ordering the arrest of the opposition candidate. “We join the growing list of international partners who condemn this unjustified arrest order,” he wrote in a message posted on his X account.

The vice president of the European Commission, Josep Borrell, stated that he “categorically” rejected the arrest warrant against González. “I urge the Venezuelan authorities to respect your freedom, integrity and human rights,” he said on his X account.

Former Brazilian Foreign Minister Celso Amorim, advisor to President Luiz Inácio Lula da Silva, commented that the arrest warrant against González “makes everything more difficult,” referring to the efforts of the governments of Brazil and Colombia to facilitate a political negotiation between Maduro and the opposition. Amorim told the Brazilian newspaper O Globo that the announcement of the arrest warrant against González “caused concern in the Brazilian government.”

 

Conclusion:

Redemption is only possible by escaping the shadows of hell, justice in Venezuela seems to need urgent liberation from political control to escape its own cycle of corruption and bias. The evident lack of independence in the judicial and fiscal system, symbolized in the case of Edmundo Gonzalez Urrutia, reflects how institutions have fallen into the depths of abuse of power, like lost souls with no possibility of promotion. It is essential to find a "paradise" of justice where equity and fundamental rights are restored. The international community must continue to advocate for this institutional redemption, so that Venezuela can finally emerge from the dark abyss in which it finds itself trapped.

To learn more about the political nature of the criminal investigation continue reading HERE.

To learn more about the illegality of the criminal investigation continue reading HERE.