Caracas September 5, 2009
Citizen
Abg. Luisa Ortega Díaz
Attorney General's Office
His Office .- We, the undersigned, Venezuelan citizens, political leaders of the parties grouped in the Bureau of Democratic Unity, representing the thousands of citizens with us today, unqualified supporters of pluralism, the rule of law, the alternative nature of government, transparency and accountability of rulers to voters, and of absolute respect for human rights men and women considered specific individuals and not as parts of abstract entities that end up being manipulated by power, we turn to you in accordance with the provisions of Article 51 of the Constitution of the Bolivarian Republic of Venezuela, which states:
"... Everyone has the right to petition or make representations before any authority, public officer or official public on matters within their competence, and to obtain timely and adequate response. Whoever violates this law shall be punishable under the law, and may be removed from office.. "
In this regard, we express our strong condemnation to the following facts: 1 .-
deplore the statements made by you, dated Friday, August 28 this year, during the course of his radio program "In Tune with the Ministry Public "broadcast on Radio Nacional de Venezuela, which states, according to the press release, among other things, the following:
" ... The Attorney General's Office, Luisa Ortega Diaz said he will ask the prosecution of all those who disturb the public peace and tranquility in the country, a claim he made about the violent events in the march convened last weekend to demonstrate against opposition Organic Law 1
Education. / "I announce that the Public Ministry will not allow this to continue. Those who disturb the public peace and tranquility to produce unstable institutions, destabilizing the government, which threaten the democratic system, we will ask for your trial, even not only the perpetrators, but also intellectuals, Díaz Ortega reiterated. / In the program "In Tune with the Public Prosecutor," broadcast by Radio Nacional de Venezuela, said he draws much attention that some of the demonstrators when they were placed on why they disagreed with the articles of the said rule, did not even know what was the content of the recently approved legal text. / In addition, he said that people are looking for "any reason to go, any reason to create chaos, whatever, they just want to destabilize. They do not care, do not care what country they want to destabilize" added the Attorney General. / He said that such conduct perfectly fit the crime civil rebellion, which according to Article 143 of the Penal Code provides that they will be punished with imprisonment from 12 to 24 years, those who publicly raise their hostile attitude against the Government constituted or elected, to depose him, or stop taking possession of control. / "So, these behaviors could be framed perfectly in the offense. I want people who are raised in a hostile manner against the legitimately constituted government, know what the consequences," said Ortega Díaz. / The head of the Public Prosecutor added that some people, through some media, putting the interest individual by the group for the "purpose of forcing the popular insurrection and public order, to produce the instability of all institutions, including inciting disobedience to the law." / He said that these groups are creating conflicts among people, among Venezuelans. "They are closing streets, avenues, preventing the free movement of Venezuelans, disturbing the peace and public tranquility, with the shares, all that running, all those who are developing these behaviors are undermining the constitutionally elected government" said Ortega Díaz.. " Source: Website of
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Attorney General, www.fiscalia.gov.ve, http://www.fiscalia.gov.ve/Prensa/A2009/prensa2808.htm link.
Freedom of assembly and demonstration is a right essential to a democratic society, especially when exercised in order to express political criticism.
is unacceptable to consider subversive exercise of human rights as the right of expression just because they are pursuing the aim of criticizing the government, as held by the Attorney General's Office, as this is the area where the deserves greater protection right under international human rights jurisprudence.
not under any circumstances accept that the right to demonstrate it may be considered, as is clear from his remarks as an attempt to destabilize the institutions, create social chaos, to undermine established authorities or vandalizing public property.
can not advocate a conception of public order, characteristic of an authoritarian society, in which the peace or secrecy of citizenship is the supreme value. Less even though this concept applies only in respect of political dissent.
If the authorities care to preserve the stability of institutions, should promote spaces for dialogue instead of denying these then react repressively against the peaceful demonstrations of discontent. It is no secret that the current Venezuelan political system shows a marked bias in discrimination of any individual or group that does not share his vision for the country, protests against corruption, criticize his policies, requiring transparency in public finances, rejects his irresponsible foreign policy and resist attempts by ideologize all spheres of social life. Despite the closure
media and the latent danger of self-censorship in the country there is still freedom of speech, not because the government allows, but because people are not left silent. The demonstration that accompanies this communication is proof of that. Our actions, therefore, is an attempt Advanced curb the authoritarian threat to democracy today in Venezuela.
We remind the citizen Attorney General, that the demonstration and protest, not criminal in our legal system. Quite the contrary, they constitute a right of constitutional tradition, which was laid down in Article 115 of the Constitution of 1961 and is now implemented by Article 68 of the Constitution of the Bolivarian Republic of Venezuela. 3
Similarly, the right to demonstrate is laid down in Article 15 of the American Convention on Human Rights and Article 21 of the American Declaration of the Rights and Duties of Man. So when and criminalizes violates this right, Venezuela became an outlaw state in terms of fundamental rights.
Moreover, their statements, beyond the protest turned into crime, ignores the autonomous agency of the Attorney General as a member of Citizen Power and acts as if it were part of the National Executive or dependent. This is the principle of separation of powers, which must exist in any democratic state and also violates the provisions of Article 273 of the Constitution. Please note that the rule of law, or that is, the guarantees and safeguards for human rights of citizens to those who wield power, are ultimately dependent on the existence of autonomous agencies and professionals to act as a barrier against the abuse of power. We demand that fulfill the role assigned in that sense the Constitution of the Republic.
2 .- We reject the last acts of political persecution, they have made the Public Prosecutor's Office in collusion with the courts. Result of this last attack, which violates the most elementary legal guarantees of due process, were illegally prosecuted or arrested many compatriots. Based on the above:
A. - We demand the release of Richard Blanco, governor of Caracas and President of Alianza Bravo Pueblo, whom he not only violated his right to be tried in freedom, but gave no opportunity to exercise the right to defense, to adduce evidence, to contradict the complaint and to be charged prior to detention . He learned of the action against him, when he was handcuffed CICPC officials while working for the citizens of Caracas from his office, therefore, we demand his immediate release.
B. - demand the urgent release of the 11 employees of the Metropolitan Mayor, whose names are: Carlos Lozada Villegas, Abel Álvarez, Omar Rodriguez, Gustavo Aponte, Gerardo Jesús González, Xisto Antonio Gómez, Antonio Jaer Pulido, Oscar Figueroa Yumar, Ronald Alexander, Viña Figueroa, Lixido Jose Solarte. All of them arrested simply for speaking in favor of labor rights,
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seen plundering from the National Assembly appointed him to the Hall.
C. - We, the immediate cessation of the order of imprisonment hanging over the political leader Oscar Perez, who has not committed any crime and merely alleged and pursued by the fact think differently. Try to be a way to intimidate citizens to avoid activities such as massive demonstration in Caracas on Saturday August 22 against the Education Law. There, no action to justify it, a colonel in the National Guard, led a treacherous aggression against peaceful demonstrators, using toxic gases in an unconstitutional manner and pellets.
D. - also condemn the statements by the President of the Republic, where practically gave an order to the state institutions to initiate merit impeachment against the Governor of Tachira, Cesar Perez Vivas of the events during the march held last Saturday 29 of this month in the city of San Cristobal, where peaceful protesters were attacked by an official employee from the headquarters of the regional educational area.
E. - We also repudiate the illegal detention of journalist and political leader Gustavo Azocar A New Era for allegedly defying an injunction, which violated their freedom of expression, merely to speak of his own trial.
F. - reject what happened to the political leaders of a new time Delsa Solorzano and Jose Luis Farias, who became whistleblower cited by the Attorney General on the status of "criminal investigation" figure is not provided by Venezuelan law .
addition to all these cases, mentioned as being the most recent demand that the prosecution made an application to the competent courts, in order to stop the detention of more than 40 Venezuelans who are now deprived of their freedom and political dissent.
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also claim to do what is conducive to ending the criminal proceedings, as provided by today weigh on more than 2,200 Venezuelans simply for expressing their disagreement with government policies.
The situation has reached the extremes of Venezuelan workers affect those who suffer at the forefront of repression. Today, in Venezuela, are persecuted and criminalized the demand for labor rights enshrined in the Constitution. A large number of workers facing court trials, facts that could not be considered political, but to claim the protection of their rights to decent pay, to a work environment conducive to productivity and the modernization and expansion of productive capacity of their enterprises, such as the struggles in Guyana.
While the Public Ministry is dedicated exclusively to the pursuit of political dissent and protest of the workers, criminals make their own with real, physical integrity and life of Venezuelans. This has led, according to official figures, impunity in our country reached the alarming figure of 97%.
Finally, we note that despite the numerous threats received by part of all officials of the regime, the Venezuelans who love democracy, we will fight in order sooner rather than later, in Venezuela is restored separation of powers and the rule of law, so that all citizens, without distinction of political stripe, to fully enjoy their fundamental rights.
Without further reference to which is law, we expect in Caracas, at the time of submission.
Sincerely, Omar Barboza
CI. 3,379,102
main avenue of Las Palmas, Bldg Montral, Caracas.
Phone: 0414 307 37 29 6
Edwin Antonio Ledezma Jose Antonio Spain Luzardo
Thomas Nicolas Sosa
Terán Julio Borges
Tomas Guanipa Juan Carlos Caldera
Ismael García Fernández
Christopher Dalo
Juan José Molina
Ricardo Gutierrez Carlos Henrique Salas Romer
Berrizbeitia
Enrique Marquez William Ojeda
Delsa Solórzano Luis Aparicio
Gabriel Puerta
Carlos Hermoso Hermoso Jesus
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Pedro Moreno
Henry Ramos Allup
Brernabé
Felix Gutierrez Marcano Freddy Arroyo
Angel Medina Luis Ignacio Planas Luis Carlos Solórzano
Andrés Velásquez Alejandro Vivas Daniel Santol
Rafael Venegas
Luis Enrique Martínez Heredia
Trincado
Cipriano José Gregorio González Arnaldo Garcia
Haydee Deutsch
Fernando Ramon Guillermo Aveledo
Spiritto
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