Friday, February 10, 2006

The beat goes on for revolutionary Justice in both the Sumate and Tal Cual cases

Originally published here by Miguel Octavio

So, after six failed appeals, the Sixth Appeals Court voids all of the decisions in the case where Sumate is being accused of conspiracy. The reason? That the judge was not using a jury in the case, a decision he made himself in violation of the law. The law says in a case like this the judge has to use at least two jurors and only with the authorization of a higher Court can the trial proceed without jurors. The other six Courts knew the law was being violated but did nothing, for some reason this one did. Now, before you get excited about it, all this really means is that the whole thing is reset and the trial starts again as if the two previous procedures had never taken place..

Then, a couple of hours later the Prosecutor calls the Sumate Board on a new case against them, in which they will also be charged as they are being called to testify as an accused party.. What is it this time around? They are being accused of electoral crimes for abrogating on themslves the representation of the people when they collected the petition in 2003 before there were regulations. Thus, they are basically being investigated because they supposedly had no right to gather or submit signatures requesting a recall referendum. It will be interesting, if I recall correctly, the Supreme Court bypassed the Electoral Hall of that Court on a case related to the referendum once arguing that a referendum was not an "electoral" process. I guess gathering the signatures is even more remote than that, but they simply don't care. The Court can reverse itslef if it suits them.

But the beats go on in the Venezuelan Justice system, as Tal Cual reports that the case files against that newspaper, in which the paper is being prosecuted twice for the same crime, have not been made available to the lawyers of the paper in violation of the law. What else is new?

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