The Supreme Court:
politics prevails over due process
uture Venezuelan history will record some facts
--occurred within a very short period-- with amazement: the removal from office of
Carlos Andrés Pérez, two provisional presidents, drastic changes in economic policy
and the former's conviction by the Supreme Court. Never had the country been
submitted to such "emergencies", all based on a trial for the supposed improper
handling of secret funds, something that is always a gray area subject to a quite specific
system provided by the law. With hindsight it will be obvious that the battle for public
opinion in the local newspaper has hidden things that will look quite different when
seen under the proper light.
The Court has ruled for political motives. Due process, a proper admission of
evidence produced and the sense of justice seem to have been absent in a Palace of
Justice that was built during President Pérez' term. A term shortened by two failed
military coups and by a successful civil one.
The decision is a master sample of the old art of playing politics the Venezuelan way.
As it was obvious that Pérez could not be convicted of deviation nor embezzlement of
public funds simply because there was no evidence of any crime in the record, it was
necessary in order to reach a "reasonable" 11 to 1 vote that agreement was entered
between those Justices who thought that the President had to be acquitted and others
who, in their minds, went as far as moving for a harder punishment. The conviction was
under the charge of an action that is criminal only in Venezuela, Argentina and
Uruguay.
One of this trial's most surprising decisions is that related to the indefinition of
supposed damages to public property. Their subsequent quantification hangs over all
the parties' heads as Damocles' sword. One must observe also that the punishment on
former Minister Reinaldo Figueredo is harsher than the one on his superior and that
the other indicted minister, Alejandro Izaguirre, was pardoned by Caldera long before
the Court decided.
The fear of a mistrial þthere appeared to be something similar to a "hung jury"þ
was too strong. Negotiations went on for several days and a muddled solution was
reached: he would be convicted under a lesser charge with a light sentence, setting him
free in a matter of days þhis term has been practically served. Thus, a way was found to
justify his separation from office three years ago. A most practical political solution also
because a freed Pérez now becomes a serious concern for President Caldera and for
Alfaro, Acción Democrática's master hound and Caldera's powerful ally. We have a
decision inspired by King Solomon. Fortunately, there are honorable dissenting votes.
Translation by Carlos Armando Figueredo>/a>
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