Chavez Tightening Grip on Judges, Critics Charge

Tarek William Saab, a key Chavez ally in the Assembly and head of the Foreign Relations Commission, said in an interview that critics failed to give the government credit for its efforts to "create an autonomous and independent judicial branch" and put an end to the "enormous impunity" that existed before Chavez took office.

Saab said it was wrong to say that Chavez controlled the judiciary. If he did, Saab said, the leaders of the 2002 coup against Chavez and those who led the oil company strike would be in jail. "They have not been put in jail because of the lack of ethics on the part of judges linked to the opposition," Saab said.

Still some analysts, including Alberto Arteaga Sanchez, a noted criminal attorney in Caracas, said Chavez and his allies were "using criminal law against their political adversaries."

One of Arteaga's clients is an army general who was involved in the 2002 coup against Chavez. Arteaga said the Chavez government had proposed an overhaul of Venezuela's criminal code that called for up to six years in jail for "publicly or privately instigating disobedience of the laws or hatred among citizens." Arteaga said even a private discussion among friends could result in prison time.

The reform calls for up to five years in jail for "causing panic" by disseminating "false information," even by e-mail. And it would jail anyone who "simply intimidates" or "pressures" public servants. Arteaga and Nikken said that would include the habit of harassing public officials by "casseroling" them: annoying them by banging a spoon loudly against a pot.

"This government is starting to show signs, like we saw in Cuba, of criminalizing political dissidence," said Nikken, noting that last year the Cuban government sentenced 75 non-violent dissidents, including journalists and librarians, to long prison terms.

Potential political influence in the judicial system is especially critical now because of the recall referendum scheduled for Aug. 15. After years of trying to oust Chavez, first by coup and then through the oil strike, his opponents finally managed to gather enough signatures on petitions to force the recall vote.

Noting that Venezuela is deeply and passionately divided between those who support and those who oppose Chavez, Vivanco predicted that the referendum could be so close that it may ultimately be decided by the country's high court, just as the U.S. presidential election in 2000 was by the Supreme Court. Vivanco said it was critical that the court not be stacked with justices acting solely for political reasons.

Luna, the fired judge, filed a written appeal and was reinstated on April 15. But three weeks later he presided over a procedural hearing involving the case of another Chavez opponent. Following standard practice, Luna granted the man's request to allow two new attorneys to represent him. A week later, he was again fired.

Luna said he was one of nine children of a small-town merchant and the only person in his family to graduate from college. He said he worked as a lawyer for almost 25 years before becoming a judge four years ago. He said he had never been an opponent of Chavez. A soft-spoken man with gray hair and glasses, Luna said he was sad that his career on the bench had ended because of "pure revenge."

"We are waiting for the recall election to change our direction," he said, "to take us toward a horizon of peace and democracy in Venezuela."