The Communist Party of Venezuela (PCV) in order to prove that the kidnapping and subsequent delivery to the Colombian government's journalist Joaquín Pérez Becerra, was a legal act "illegal" and politically incorrect by the Venezuelan government. This statement was made through an official policy statement of the Political Bureau released today.
The contents of the public statement contains a legal analysis and policy development the circumstances surrounding the case of Swedish journalist, which clearly shows how the government Bolivar, to fulfill an agreement is not known to the government of Colombia and its president, Juan Manuel Santos, left to apply the laws of our country to deliver the reporter ANNCOL director.
then deliver the policy statement at length:
POLICY STATEMENT The Central Committee Political Bureau of the Communist Party of Venezuela (PCV), assuming it belongs its role as a national collective management body detachment Venezuelan Marxist-Leninist, with recent statements by senior government officials national is obliged to express and clarify a set of elements to the various national authorities, the social-political organizations and as part of the PCV-driving the Venezuelan revolution in our country and the world integer, and the working people of Venezuela.
hope, from the PCV, the real and effective activation of a space for discussion, articulation, coordination and self-critical and critical analysis among all political forces and social, that is possible with the process of building what has been called "Patriotic Pole" - allow these issues are aired and where possible can be overcome without becoming in discussions or bickering through the media, which ultimately only benefits the sector counter and simultaneously weakens the unity of the patriotic forces in order the necessary path to electoral victory in 2012.
Following the arrest of Swedish journalist Joaquín Pérez Becerra, who like all citizens of Sweden did not need no visa or invitation to come to Venezuela, on Saturday 23 April, the Ministry of Power Popular Interior and Justice issued a statement in reporting on the arrest, claiming incorrectly that Joaquin Perez Becerra is a Colombian national, still owned by his Swedish passport. Said also that it was "required by the legal bodies of the Republic of Colombia, through Interpol with red notice", being any person who has searched the official website of Interpol has been able to find, while still required to appear red notice, for example, Manuel Marulanda (Pedro Marín), died in March 2008, and Salvatore Mancuso, and extradited in May 2008 the United States, a country that required it. Finally, this official release said that this arrest ratified by the Venezuelan government his "unwavering commitment in the fight against terrorism, crime and organized crime", assuming the guilt of the journalist and cavalierly ignoring the historical and universally accepted principle of presumption of innocence.
On Sunday 24 April, a committee comprised of national leaders of the PCV, Venezuelan political personalities and a team of lawyers showed up at the headquarters of SEBIN (Bolivarian National Intelligence Service) in order to verify and ensure compliance with the principles that are enshrined, for both citizens and Venezuelans for another nationality, international law, the Constitution and laws of the Republic. This committee was prevented from seeing or talking to the journalist arrested and held incommunicado from his family and their lawyers, violated the Constitution, not consular notification was established in international treaties, being a citizen of another nationality or made available to the Attorney General, as required by the Code of Criminal Procedure.
These complaints were recorded by the team of lawyers, on Monday, April 25 at 9 am, on an application for habeas corpus and amparo before the Court Judicial Circuit of the Metropolitan Area Criminal, presenting "the restoration of their rights and constitutional guarantees, characteristic of a democratic and social state of law and justice."
addition, the same day, a committee of the National Directorate of PCV is brought together with almost all of the Political Bureau of the United Socialist Party of Venezuela (PSUV), after more than 24 hours of trying to contact them. At that meeting were made known the lack of correspondence between these actions and any legal framework and the potential impact of national and international policies. Late in the meeting, in which PSUV leadership said that the delivery of Swedish journalist with the State and was a decision, indicated that they had materialized that supply and would be moved to the neighboring country.
Given this set of actions of the Venezuelan national government, the PCV and dozens of social organizations reported the disagreement and concern about what constitutes an extremely serious which is inconsistent with the law and much less Bolivarian principles , revolutionaries, anti-imperialist or socialist, a situation that now generate the forecast of various revolutionary movements in the world to come to Venezuela. Therefore, it was reported publicly that it would develop actions to denounce these actions and request for freedom from political persecution persecutor delivered to the State.
On Thursday 28 April, as stated by the Venezuelan Foreign Minister Nicolas Maduro, in exercise of "freedom that gives the popular participatory democracy in Venezuela to express their opinions," held a rally outside the Ministry of Foreign Foreign subsequently transferred to the Federal Legislative Palace, which were issued were exercised slogans and actions that do not correspond to the objectives and, hence, the PCV does not endorse, but have their origin in illegal and outrageous delivery of a revolutionary to a terrorist state.
The previous day, Wednesday, April 27, Elizabeth Romero, seventeenth judge of first instance in terms of criminal judicial circuit control of the Caracas metropolitan area, responding to defense made two days earlier, declared it inadmissible "by not observed any violation of Article 44 and 49 of the Constitution (...) whenever PEREZ BECERRA JOAQUIN citizen, was arrested by virtue of having a red circular International Criminal Police Organization (Interpol), so it was put to order of the authorities of the Republic of Colombia, this being deported to that republic. "
On Saturday April 30 at the launch of the Mission Housing Venezuela, and Sunday May 1, using the arena for concentration by the international day of workers, President Hugo Chávez set public position on this, stating that "I called the president of Colombia, he says: look president, I have the information that comes a man (...) that is sought by Interpol (...). He got caught and (...) the requesting Government, we give the government of Colombia. (...) I gave the order because it was wanted by Interpol, "and "The only alternative I had was that the government deliver on request."
These two positions correspond with statements by Foreign Minister Maduro, on Friday 29 April, concerning that "Venezuela is a foreign policy impeccable, indisputable, in regard to respect for international law. "
But the communists and Venezuelan history and consistent Marxist-Leninists, we consider important, in addition to the important policy implications, pointing out the lack of support legal actions brought by the Venezuelan government.
Interpol -Repeated argument attempt to justify the almost immediate delivery to the Colombian State, "in its official website, established on the Red Notice (Red Notice) that" Interpol's role is to help national police forces in identifying or locating the people with a view to their arrest and extradition, "and then reiterated that the Red Notice is" with the request that the person is arrested with a view to extradition. "As evidence, he never speaks of immediate delivery and without the due process, but must begin the extradition process, which is perfect and clearly defined in our legislation.
The Venezuelan Penal Code, Article 6 provides that "The extradition of a foreigner may not (...) be granted for political crimes" and that "In any case, made the extradition request, plays the National Executive, on the merits of vouchers attached, to rule on pretrial detention abroad, before passing the case to the Supreme Court. "
The Venezuelan Penal Procedure Code, Title VI (Proceedings of extradition), Article 395 requires full: "If a foreign government requests extradition of any person who is in the territory of Venezuela, the Executive shall refer the application to the Supreme Court with the documentation. "In the next article states that" Once arrested (...) should be submitted (...) within forty-eight hours before the Judge or Magistrate who ordered his arrest, in order to be informed (...) about the reasons for his arrest and his rights. "At the 399 states that" The Court Supreme Court will convene a hearing within thirty days of notification of the requested or needed. At the hearing attended by the or the Public Prosecutor, the accused or accused, his counsel or advocate, and the requesting government representative, who will present their arguments. After the hearing, the Supreme Court will decide within a fortnight. "
Based on this, it is absolutely clear that you can not use the excuse of the Interpol Red Notice for delivery to be made, since even this international organization provides the extradition process, which was clearly not met in this case.
But in addition, some sectors, also uses the terms set out in legislation Venezuelan-of deportation or expulsion. Both are in the Law on Foreigners and Migration, in its Title VII (of the offenses and penalties), Chapter II (From the deportation and expulsion), in Articles 38 and 39, the grounds for applying sanctions to both abroad, none of which is attributed or attributable to Perez Becerra. But even supposing that he had attributed causes, this Act establishes an administrative process to follow that includes a written notice abroad, access to the file may "be assisted by counsel of his confidence," "appear before competent authority Aliens and Migration, the third business day following notification, in order to carry out an oral hearing in which the alien (...) may expose the allegations to exercise their right to defense, for which it may have all the evidence it deems relevant ", as well as make it clear that" if the alien concerned (...) at the hearing sought to obtain recognition of refugee status is processed under the procedure established in the organic law governing the subject . 'In any case, as previously, Article 15 provides that aliens "are entitled to effective judicial protection at all acts that concern them or are involved "and that administrative processes be respected" the guarantees provided in the Constitution of the Bolivarian Republic of Venezuela and the laws. "
All this, without going into the Convention on the Status of Refugees, the Organization of the United Nations, of which Venezuela is a signatory, which states that "No Contracting State shall expel or return, in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened. "
So it is absolutely clear it worked against the city Joaquín Pérez-Becerra was not according to Venezuelan law, and extradition and deportation, or removal, and that "in regard to respect for international law, at least in this case, neither is perfect or is unquestionable, and that the Venezuelan government did not like "the only alternative (...) give it to the government that asked," but to comply and ensure enforcement of our laws sovereign.
we, as well as evidence led by President Hugo Chavez, we respect him, but also the Marxist-Leninists we reiterate that we recognize and value highly the role played (and still can play) leadership that represents for the Venezuelan people in their aspirations for liberation and support on several occasions has given the world revolutionary movement. And this recognition is expressed not only in the twelve years of his rule, but even when in the year 1993 without radical or ultra-leftism, we gave the presidential candidate Rafael Caldera a condition for support in the election was to release all prisoners by military rebellions in 1992.
The PCV, with 80 years of organic and combat experience, as a revolutionary class organization, autonomous, critical and purposeful, fighting and combat the forces of reaction, conciliatory and reformist, will continue to provide all the necessary trenches for a new correlation of forces-revolutionary popular for a wide national patriotic front, to seize political power the working class and the construction of socialist society.
Central Committee Political Bureau of the Communist Party of Venezuela - PCV
Caracas, May 2, 2011.
Source: Community Struggle, Chacao. www.tribuna-popular.org
