Tuesday, May 08, 2007

Capriles Radonski goes back on new trial for same offense: another example on how civil rights are destroyed by the Venezuelan governement

The stunning news today should be that Capriles Radonski is going to face a new trial for the Cuban embassy events of 2002, even though last defense he was acquitted of all charges.

One of the great things about the United States of America

The Vth amendment which is worthwhile posting here again (my stress):

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

This does mean in practical term that if you are accused (by the state) for a crime and the jury or judge cannot prove that you are guilty and that you are set free you cannot be tried again for the same offense. In real life it can actually happen but it is extremely difficult and requires exceedingly compelling NEW evidence, the kind of evidence that makes you plead guilty from the start. For example a written confession in your personal diary, the weapon murder with your finger prints and blood of the victim, a new witness with a video tape of you stabbing your husband repeatedly, etc.....

But if supposedly you assaulted a foreign embassy and no evidence of ill intention exists, and you even have a exculpating video and other ambassadors willing to testify for you, well, there is no evidence that would be strong enough to force you to go to trial again for that same alleged assault. In fact, for this type of offense you would require FIRST a guilty verdict of corruption of the judge and jury that tried you on the first case before a new trial could be set up against you. If the first judge was incompetent enough to do her job, that is not your fault and you cannot be punished for that.

In judicial terms it is the "double jeopardy" concept.

Perhaps the worst thing about the Bolivarian Venezuela

"Double jeopardy" has just been applied to Capriles Radonski. Today we learned that the trial of last December that set him free has been annulled, without any new evidence that we know off. In fact, the lawyers of Radonski, mayor of Baruta, have had no access to the dossier. It is to be noted that article 49 of the Venezuelan constitution also implies that you cannot be judged twice for the same offense.

Artículo 49

El debido proceso se aplicará a todas las actuaciones judiciales y administrativas; en consecuencia:
[...]

7. Ninguna persona podrá ser sometida a juicio por los mismos hechos en virtud de los cuales hubiese sido juzgada anteriormente.


We must thus expect that there is some very important new evidence or demonstration of judicial improperly to annul the December result in favor of Capriles Radonski. But from the press release there is no such evidence. Still, in spite of his December not guilty verdict there has been no compensation to Radonski for the 4 months he had to spend in jail even though he was innocent. And in spite of such a twisted trial that required dozens of judges as none of them were good enough to twist the data, or was not thuggish enough to play the governmental demanded game, the government still wants to find him guilty no matter what.

Why such a judicial violation? Because in Venezuela there is no justice. Because in Venezuela the judicial branch is one that violates regularly the constitution. Because the judicial branch is a tool of Chavez to control the country, and the opposition in particular. Because the judicial branch, exactly as it happens in any authoritarian regime, is used to prosecute political opponents. Because Diosdado Cabello, lousy governor of Miranda state, is afraid that Capriles Radonski might run against him and win. Because Chavez wants to present to Castro on a silver platter the head of Capriles Radonski next to the one of Posada Carriles. That they are guilty or not is totally irrelevant, it is a matter of Chavez satisfying the whims of mummified Fidel Castro. Because Venezuela has stopped being a sovereign country and just the property of a small clique with the thugs castro and chavez as the top dogs.


-The end-

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