Enrique ter Horst es un prominente abogado venezolano, quien estuvo en El Salvador como jefe de misión de ONUSAL de abril April 1994 hasta September 1995. Emite frecuentemente su "Summary on Venezuela" a la comunidad internacional, analizando la situación polˆtica y constitucional de su país.
Caracas, 14 May 2012
President Chávez implored the Almighty, at a Catholic ceremony in Barinas with his family, to “…give me life. Let it be a flaming life, a painful life, I don’t care. Give me your crown, Christ. Give it to me, I will bleed, give me your cross, a hundred crosses, I shall carry them, but give me life. Don’t take me yet, give me your thorns, give me your blood, as I am prepared to carry it, but with life.” (“Dame vida. Que sea vida llameante, vida dolorosa, no me importa. Dame tu corona, Cristo. Dámela que yo sangro, dame tu cruz, cien cruces, que yo las llevo, pero dame vida. No me lleves todavía, dame tus espinas, dame tu sangre, que yo estoy dispuesto a llevarla, pero con vida.”). This happened on his return on 4 April from the second round of radiotherapy in Havana, and after having reportedly undergone a second surgery to remove a malignant tumor in his colon.
Since then he has travelled three more times to Cuba to continue his recovery, staying there for longer periods each time. In his farewell speech before returning to Cuba on Monday 30 April he had another emotional moment in which his voice also broke. Chávez returned from Cuba last Friday the 11th, descending from the plane walking, and saying that he had his radiotherapy and that he was feeling well. As he lately always wears the same blue and white sports jacket one never knows if the picture or the video was taken on the date the official news agency says it was. This last time in Cuba he apparently was only resting, his Cuban doctors supposedly heeding the advice of his Brazilian and Spanish physicians to stop the radiotherapy, as it appeared to have caused damage to his pelvis. The daily El Nuevo Pais, usually well informed, reported last Monday that the President was under permanent, deep sedation, as the pain had become unbearable. Since 1 January the President has signed 107 decrees in Havana, 55% of a total of 194, says the daily El Nacional.
The information on the state of the President’s health, his whereabouts, and the views of his doctors is tweeted, sometimes blow by blow, by Nelson Bocaranda, a widely read columnist of El Universal, the second largest Venezuelan daily, and by a certain Dr. Marquina, a physician in Florida. Their tweets, although not identical, are coherent (or at least not contradictory), very much up to date, particularly in the case of Marquina, and have come to be accepted as reliable by those following them, as facts often bear out the steady stream of information they provide. It also leads one to think that their source(s) include a well-placed intelligence service, but which one? The CIA or the Cuban G-2? The Spaniards, the Colombians, the Brazilians?
Before returning to Cuba on Monday 30 April after visiting Venezuela for five days (after having remained in Cuba for 11 days), Chávez mandated the recently established Council of State foreseen in article 251 of the Constitution as “the highest consultative body of the Government and the National Public Administration”, to study the withdrawal of Venezuela from the Inter American Commission of Human Rights. The Council of State had been unconstitutionally established by Chávez last 15 February, in “exercise” of the power vested in him by the last Enabling Law. In case of the unlikely withdrawal - a year after the official notice has been lodged with the office of the OAS Secretary-General (who knows who will be the President of Venezuela then?), Venezuelans will still be able to present their cases individually to the Commission. The PSUV-controlled National Assembly almost immediately endorsed the President’s proposal to withdraw from the IACHR. Establishing the Council of State and appointing its members also protects political stability and the PSUV’s hold on power in case of Chávez’s “absolute absence”, as the Constitution states, and it also avoids formally choosing a person to succeed Chávez.
The recently appointed members of the Council of State, to be chaired by Vice-President Jaua, are José Vicente Rangel, a former Vice President and Minister of Defense, Roy Chaderton, a former Minister of Foreign Affairs and now Ambassador to the OAS, both members of the long extinct “Mesa de Dialogo” organized by the OAS, in which they excelled as cynical procrastinators, German Mundarain, a former chavista Human Rights Ombudsman, Luis Britto Garcia, a respected public finance professor and writer who is also a dogmatic Marxist close to Cuba, and Adm. (retired) Carlos Giacopini. Constitutionally they are all presidential appointments, but they have not necessarily been personally chosen by President Chávez.
. The representatives of the Governors are Gral. Jorge Luis Garcia Carneiro, of the state of Vargas, and Hugo Cabezas, a civilian, of Trujillo. The National Assembly chose Earle Herrera and Tania Diaz, both from the PSUV, and the Supreme Tribunal of Justice chose its President, Luisa Estela Morales. All are solid chavistas, naturally, as members of the opposition are systematically excluded from appointments of this nature. The new council is the result of the President’s terminal illness and of the need of ensuring at least a semblance of democratic governance without handing over power to any one person. It keeps the Vice President in check while providing him with a sort of crisis cabinet. At this time it does not appear that the Council is designed to serve as a bridge with the opposition, even if that cannot be excluded.
The regime continues, even in its present process of accelerating collapse, to approve laws and issue decrees designed to entrench its Marxist objectives. It also continues to use its language of class confrontation and hatred. “There is no possibility of reconciliation with the bourgeoisie”, Vice President Jaua said recently. In a separate statement he also clarified that the Council of State was not about organizing any transition. However, one must assume that the present radical language used by all government and PSUV officials serves no other purpose than to ensure their own very personal political survival after Chávez disappears from the scene. No one wants to be branded a traitor before that, but it will be a very different ball game once he no longer is in power.
Chávez also signed into Law, on 30 April, the new Organic Labor Law (“Ley del Trabajo para los Trabajadores y las Trabajadoras”, LOTTT), abusing the power vested in him by the last Enabling Law, even if his obedient Supreme Tribunal of Justice promptly ruled to confirm its constitutional and “organic” status, thus requiring a two thirds majority to reform the law. The text, which was drafted in secret, not even involving Deputy Figueras of the Communist Party (the head of the parliamentary commission on labor relations), took some time to be published and was initially only described by Chávez himself in general terms, only highlighting the reduction of weekly working hours from 44 to 40 and the establishment of a pre-natal period of six weeks in addition to the existing six months post-natal period. After its text became available, the fears of those that the 555 article long text would abolish the tripartite (government, employers and workers) philosophy of the International Labor Organization (ILO) were confirmed, with a number of labor lawyers stating that the new law is almost a carbon copy of the Cuban labor law. The new law is unconstitutional, and the free labor movement will denounce the new law at the ILO Conference in Geneva, which starts on 30 May.
A text which was promptly published in the Official Gazette on 30 April is that of the Reform of the Organic Law Against Organized Crime and the Financing of Terrorism, which extends the attribution to carry out covert (sting?) operations it originally only conferred on the Judicial Police and the National Police, to all components of the Armed Forces and to the Directorate of Military Intelligence. In February, when the original Law was approved, it had established the obligation of all state offices and financial institutions to report suspicious activities in general, but especially those of “politically exposed persons” (see Summary 54). The reform now also includes the obligation of all NGO’s to report the origin of their funding, a point fought over for a long time in the National Assembly, with active participation even of members of the diplomatic corps. All this is unconstitutional.
On 14 April President Chávez established a “Special Anti-Coup Command” (its full name is Comando Especial Anti-Golpe Civico-Militar). According to El Nacional, President Chávez said the Special Command will have the task of presenting an “integral anti-coup plan” in the coming weeks. The plan would cover “all parts of the national reality” (“todos los ambitos de la realidad nacional”) and will go “beyond the political realm, covering also the economy, with the in-depth answer which we would give this bourgeoisie which believes that it is beyond the Constitution and the laws” (“… Este comando va más allá de la política, tiene que ver con la economía, con la respuesta que nosotros daríamos en profundidad contra esta burguesía que se cree más allá de la Constitución y las leyes"). Its unconstitutional nature is obvious.
Chávez added that this “integral plan” would not be limited to public order and the stability of the country, also stating that if the opposition candidate, whom he again called “majunche’, and his team were not to recognize his victory on 7 October “the people and soldiers would take to the streets” ("el pueblo y los soldados saldrán a la calle"). Chávez finally called on his followers to remain alert to a new “golpista” conspiracy against his government. “The Majunche was put there to be part of the new conspiracy being carried out in Venezuela. All eyes open, the conspiracy is on the march”. (“Al majunche lo pusieron allí para ser parte de la nueva conspiración que se está llevando a cabo en Venezuela. Ojo pelao, la conspiración está en marcha”). It is widely feared that the regime is fabricating files to incriminate leaders of the opposition, including Capriles (see next paragraph). The head of the Sebin, the political police, Miguel Rodriguez Torres, is said to be just the right man for the task.