Maduro's "judicial revolution" - El Carabobeño
Attacked by the fear of the trial that is in the making at the ICC, Maduro has given way to a frantic activity aimed at simulating that in Venezuela there is an adequate judicial system for the prosecution of crimes against humanity for which a process has been opened. . With this objective, he executes a plan that he has called "Judicial Revolution" and for whose implementation he appointed a commission headed by Diosdado Cabello and Cilia Flores. In this he involved a candid opposition commission of the "Unitarian Platform" that in the farce of the dialogues in Mexico endorsed him by signing a text where he concurred with that purpose of a supposed "recovery of the Venezuelan judiciary with judges and prosecutors who guarantee the due process…” I denounced this some time ago in an article that can be seen at the following link: https://carlosramirezl3.medium.com/?p=ba8b9b93d8d0
As we know, the ICC's activity is complementary, this means that it can only intervene if there is no independent, impartial and effective judicial system in the country that properly investigates and punishes crimes. It has been lacking in Venezuela for a long time. The positions of judges are occupied by people who obey the instructions of the regime, appointed at their sole will and convenience by administrative decisions without public tender procedures. They are just another obedient government official.
The Maduro government set out to deceive the prosecutor by showing him that in such an objective of rebuilding the judicial system he concurs with the opposition. With that said, let's see how they develop the plan.
PHASES AND THOSE IN CHARGE OF THE JUDICIAL REVOLUTION OF MADURO
First. Captain Diosdado Cabello directs the judicial revolution. In June 2021, Nicolás Maduro announced the creation of a Committee for the judicial revolution that would direct the entire process, which would be directed by Diosdado Cabello and Cilia Flores as second.
Second. Second Lieutenant Pedro Carreño directed the reform of the tsj law. Through his illegal national assembly they proceeded to "reinstitutionalize the judicial system." This very first activity was assigned to the well-known Second Lieutenant Pedro Carreño who led the modification of the law of the Supreme Court of Justice. Among the most commented changes, they reduced the number of magistrates, from 32 to 20, and also eliminated the qualified majority requirement for their appointment by the national assembly. It should be remembered that the requirement of a qualified majority for any decision to be taken in a parliament has the meaning of forcing the different tendencies to agree to avoid the imposition of circumstantial partisan majorities.
Vice Admiral Giuseppe Alesandrello Cimadevilla is in charge of a judicial nominations committee that will choose the TSJ magistrates
For the selection of the magistrates, they formed a committee of judicial nominations that was chaired by another military officer, Vice Admiral Giuseppe Alessandrello Cimadevilla, whose last position in the army was that of Commander of the Armed Forces appointed by Maduro on July 7, 2018, and from where he left to be appointed deputy in the most recent electoral farce of the government. On January 20 of this year he was appointed ambassador to China and Mongolia, but the following day, January 21, he was appointed chairman of this judicial nominations committee to choose the new magistrates.
This soldier briefly went from the high position of commander of the armed forces to being a deputy for the ruling party, from here to ambassador to China and Mongolia and from there the next day to president of the committee that would choose the magistrates(http:/ /www.asambleanacional.gob.ve/noticias/an-authorizes-appointment-of-giuseppe-yoffreda-as-ambassador-in-china
SummaryThe Maduro government has “reinstitutionalized” the judiciary through three soldiers who are or should be part of the chain of command to be tried by the International Criminal Court for crimes against humanity that are the subject of the process led by prosecutor Karim Khan.
And as if that were not enough, the TSJ law was reformed in less than a month.
On December 30, they approved in first discussion the reform to the tsj law.
On January 18, the law was approved and, according to Cabello, among those very few days, all the consultations were made to the citizen power as mandated by the constitution.
On January 19, 2022, the reform to the law was enacted and published in extraordinary GO 6684 of 01/20/2022
On January 21, the judicial nominations committee was installed and the vice admiral was appointed as president.
The constitution regulates the formation of laws in its articles 202 to 215. Here a complex and rigorous procedure is established, impossible to complete in the 22 days in which they made this reform.
ABOUT THE PRISON SITUATION This aspect was also covered by the activity of the government in the hands of Diosdado Cabello, who was in charge of disguising the prison horror that exists in Venezuela, especially in terms of political prisoners who were transferred to prisons where thousands of prisoners are overcrowded. common with which they were mixed.
THE HURRY AND MILITARIZED “JUDICIAL REVOLUTION” The government's judicial revolution consisted of varnishing the situation of the non-existence of a justice system to make the ICC prosecutor see that in Venezuela the crimes against humanity that have been denounced and For this, the aforementioned soldiers Diosdado Cabello, Pedro Carreño and Vice Admiral Alessandrello work hard.
GERARDO BLYDE As head of the opposition commission that met in Mexico with the government team in those talks, it is his duty to pronounce on whether these activities of the regime correspond to the plan that he, on behalf of the Unitarian Platform, designed and disclosed in the statement he made public upon leaving the last of the sessions held and in point 3 of which he announced the approach to the recomposition of the justice system and whose text I remind you: "At our request, it will be addressed in the next round of negotiations on issues related to justice and reparation. Recovering the Venezuelan Judiciary with judges and prosecutors who guarantee due process is an essential step to travel the path of re-institutionalization of the country and recover political and civil rights”.
Jorge Rodríguez, when announcing the reform they made to the TSJ law, declared: “The people of Venezuela understand, know and understand that we are going in depth with this process of re-institutionalization of the democratic institutions of the republic.” Obvious coincidence between both sides in the purpose of appearing to “reinstitutionalize” the internal justice system to evade the intervention of the International Criminal Court.
THE FORESEEABLE NEXT STEP OF THE MADURO GOVERNMENT As is known, the ICC opened an investigation process into the crimes attributable to the government that have been reported to it, a process in which it must first verify whether or not there is a capable judicial system in the country, independent and impartial to prosecute them because if so, it would be up to him to carry it out. Such was the purpose of the document called Memorandum of Understanding that prosecutor Karim Khan and Maduro signed in Caracas on November 3.
The current objective of the Maduro government is to make the prosecutor see that it has undertaken a real activity aimed at "reinstitutionalizing", to provide Venezuela with a judicial system with those characteristics of efficiency, independence and impartiality, for which the aforementioned statement by Blyde to indicate to the prosecutor that there is a common purpose between the government and the opposition so that the prosecution of the reported crimes be entrusted to the internal justice, to the national justice system and not to the International Criminal Court. It is therefore a vital move by the regime to remove these crimes from possible prosecution by that ICC.
IS IT POSSIBLE THAT THE PROSECUTOR ADMITS THIS GOVERNMENTAL FARCE? I think so, that this risk exists, especially due to the lack of activity to the contrary, and it is that Nicolás Maduro is alone on that board, he does not have a counterpart. Beyond the mere press statements that in Venezuela a specific litigious activity is required in the file which could and should perfectly be carried out by the interim government combined with a strong diplomatic activity aimed at seeking international accompaniment in that cause. It is truly amazing that Maduro is being left there on that stage of the International Criminal Court executing his plan without opposition, only waiting for Karim Khan to produce the miracle of putting him on trial.
I have been recurrently warning that "The way out is judicial" in the sense that dismissed as it has been the possibility of an action of force and the impossibility of an electoral solution, we should develop a plan to make ourselves felt in that procedure which is possible -I repeat- from the intervention of the National Assembly and the interim government as "Amicus curiae" which is the formula that allows third parties to intervene in a trial in which they are not a party.
THE STRANGE QUIETNESS OF THE INTERIM GOVERNMENT A thousand times Juan Guaidó has been alerted about this judicial inertia that he maintains in cases of vital importance for the rescue of the country, not only in this case of the International Criminal Court, but also in the International Court of Justice in the case of Guayana Esequiba, in which he also watched and continues to watch from afar without even trying to intervene while the dispossession of that territory, as extensive as it is rich, is consolidated.
In the international judicial field, Guaidó has limited himself to appointing “interim attorneys” to intervene in trials for goods that they have not really defended either, but on the contrary, aggravating our ills by wasting fortunes in judicial defenses that are as bad as they are expensive. In the end, these assets are only protected by the generous protection measures dictated by the US government, which are not eternal nor do they eliminate the cause, they do not extinguish the debts, they only delay a little the judicial execution of fraudulent ICSID judgments that have not been duly approved. fought.
What is happening my God...?
Carlos Ramirez Lopez @CarlosRamirezL3