LEGAL CASE AGAINST SUMATE
POLITICAL PERSECUTION
Neither the Venezuelan
Constitution nor any of its Laws prohibit financing of NGOs by
international organizations; on the contrary, the Supreme Tribunal
of Justice and many other public institutions receive and have
received contributions from several international organizations.
The
crime of conspiracy supposes an attempt against the republican
form given to the State, according Venezuelan Constitution.
• The Venezuelan
state have given rise to 3 investigations supposedly incriminating
Sumate and its members:
• The allegation that initiated the third investigation
was filed by supervisory members of pro governmental parties,
leaders of the Government’s electoral dealings), for doings
that are not established in the Venezuelan legislation as crime.
• The General Attorney’s
Office opened the investigation in an absolutely irregular manner:
• Maria Corina Machado (MC
Machado), Alejandro Plaz (A Plaz), Luis Enrique Palacios (LE
Palacios), and Ricardo Estevez (R Estevez), members of Sumate,
were summoned as witnesses, notwithstanding the investigation
was against them.
• They were denied the right
to counsel by their attorneys during the first time they made
their depositions.
• This Office denied to carry
out probationary proceedings requested by the defense, which
resulted in the impossibility of taking depositions by members
and directors of the NED who, according to State Attorney’s
Office, provided the money for the alleged conspiracy, thus
making them co-perpetrators.
• The doings for which MC Machado,
A Plaz, LE Palacios, and R Estevez, are charged for conspiracy
are the performance of educational activities directed to the
general community.
• The accusations are construed
as a criminalization of the exercise of rights of political participation
established in the Venezuelan Constitution, for the sole objective
of assuring the current Governmental hegemony of power
• On 09/30/04, the 6th Attorney
artificially concluded the investigation decreeing her conclusive
act, charging MC Machado, A Plaz, LE Palacios, and R Estevez as
perpetrators and requesting precautionary measures of incarceration
for MC Machado and A Plaz , and precautionary measures for LE
Palacios, and R Estevez .
• MC Machado, A Plaz, LE Palacios,
and R Estevez have regularly proven their willingness to collaborate
with the State Attorney’s Office, which the Ministry has
admitted.
• The request for precautionary
measures of incarceration for MC Machado and A Plaz shows the
political motivation of the Public Ministry, since there are no
motives to assume that them will not assist to court for the proceedings
against them.
• The preliminary hearing was
postponed on 11/02/04 to 11/24/04 by the 41st Court of Control,
when the State Attorney’s Office should have decide if there
are merits to prosecute the members of Sumate and also if the
precautionary measures requested against them have legal grounds.
• On 11/16/04, MC Machado and
R Estevez requested before the Penal Cassation Court of the Supreme
Tribunal of Justice that this Cassation Courts summons up these
proceedings.
• On 11/02/04, this Cassation
Court decrees the admission of the request for avocation, orders
that the proceedings containing the lawsuit were remitted to this
Court, and paralyzes the proceedings until a sentence on the substance
of the case is produced on the request for avocation.
• On 11/ /04 the Penal Cassation
Court’s appointed judge was ordered to allow the exhibits
of the defense and to judge members of Sumate in liberty for they
regularly have proven their collaboration and present no risks
of fleeing the proceedings.
