VHeadline managing editor Elio Cequea writes: So, you have probably heard about Venezuela's top court ruling. Dozens of politicians -- “among them leading opponents of President Hugo Chavez” -- will NOT be allowed to run in regional elections later this year. You must have also heard that the list of 272 people prevents “mostly opposition-aligned politicians” from running in November's state and municipal elections.It really sounds worse than it is!
First of all, YES, among the 272 sanctioned politicians (the latest revised list shows 230) there are leading opponents of President Hugo Chavez ... actually, there are only TWO and both of them played significant roles in the failed coup of April 2002.
Second: it IS true that most of the sanctioned politicians are aligned with the opposition ... and so it should! This new procedure of sanctioning shady public officials by keeping them from running for office for a period of time has been in discussion for the last eight years, at which time the opposition still had plentiful elected public employees
Keep also in mind that there are several individuals on the blacklist that are -- or were -- aligned with the government of President Hugo Chavez. On the other hand, the ruling against Leopoldo Lopez (one of the leading opponents of President Chavez) is two years old ... some people are under the impression that the ruling is something that just came out of the blue to stop HIM from being elected. That is simply false.
Regardless of what you read or hear about the Venezuela's ruling, the fact is that all the fuss is more about making noise than substance. The court ruling is constitutional. There is NO question about it. Laws are by nature a mix of utopia and reality. Venezuela’s are NOT the exception. Article 40 of the 1999 Constitution of the Bolivarian Republic of Venezuela establishes the political rights of Venezuelans: “Political rights are exclusive to ALL Venezuelan men and women.”
This is utopia!
Then, we have to consider the reality ... the same article clarifies that the rights are exclusive “except in the cases established in this Constitution.”
According to the Article 39 of the 1999 Constitution, one of these exceptions is the political incapacitation. That is when an individual is forbidden to run for office. Article 39 states the following: “Venezuelans that are NOT subject to political restrains … in the practice of citizenship; consequently, they are holders of political rights and obligations according to the Constitution.”
Venezuela's 1999 Constitution is explicit with regards to the mechanism that “incapacitates” a citizen politically. Article 42 indicates that “The practice of citizenship, or of any of the political rights, can only be suspended by a firm judicial sentence in cases determine by law.” Article 65 is more specific in this matter: “Those who have been sentenced for felonies committed during the exercise of their functions can NOT stand for election to any position of popular power.”
On the other hand, Article 105 of the Organic Law of the General Comptroller's Office of the Republic and the National System of Fiscal Control says that it corresponds to the General Comptroller “exclusively and absolutely, without interference by any other procedure,” to impose, according to the seriousness of the irregularity committed, an incapacitation to exercise public functions up to a maximum of fifteen years.
The key question in this simple legal puzzle is whether (in the case of those affected) there is a sentence. The opposition’s argument is that there is none. The facts clearly indicate the opposite.
The “political incapacitation” of Leopoldo Lopez is technically a sentence. It is firm and judicial, as it is based on law. It was dictated by the General Comptroller of the Republic ... the capable legal and constitutional authority that is authorized to do so.
Therefore, do not let anybody manipulate the facts.
However, if you prefer the utopian side of law, look to the Chacao City Council ... propose a march for the “rights” of the residents of La Planta Penitentiary since Article 44 of the same Constitution of the Bolivarian Republic of Venezuela clearly states: “Personal liberty is irrevocable...”
Yeah! That's how they (the opposition) interpret the Venezuelan Law!
Elio Cequea
feico57@att.net
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Venezuela is facing the most difficult period of its history with honest reporters crippled by sectarianism on top of rampant corruption within the administration and beyond, aided and abetted by criminal forces in the US and Spanish governments which cannot accept the sovereignty of the Venezuelan people to decide over their own future.
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