Posted on 07/24/2002 10:42:25 AM PDT by Cincinatus' Wife
CARACAS, Venezuela - Venezuela's Supreme Court on Tuesday overruled a judge's decision to free three men accused of homicide in the shooting deaths of opposition protesters that provoked an April coup.
The court ordered a lower tribunal to arrest the men and then determine if they should be held without bail.
On July 11, Judge Norma Sandoval ruled that videotape allegedly showing the men shooting at protesters during an opposition march on April 11 was inadmissible as evidence.
Sandoval ordered Caracas city councilman Richard Penalver, Rafael Cabrices and Henry Atencio released from custody. The three, all members of President Hugo Chavez's Fifth Republic Movement party, had faced homicide charges.
The Attorney General's Office had argued that a television crew filmed the men firing pistols from a bridge in downtown Caracas during the march - though it didn't match victims to the alleged shooting.
Eighteen people were killed during the march, including both opponents and supporters of Chavez.
Only Penalver, Cabrices and Atencio have been arrested in the shootings, although witnesses have accused pro-Chavez gunmen, opposition gunmen and rooftop snipers of responsibility for the violence. The National Assembly has yet to create a commission to investigate the turmoil that day.
Angered by the bloodshed and a presidential order to deploy troops against unarmed civilians, dissident generals ousted Chavez the next day. Chavez was restored to power by loyalist troops on April 14.
The Attorney General's Office had argued that a television crew filmed the men firing pistols from a bridge in downtown Caracas during the April 11 opposition march. Eighteen people were killed during the march. The National Assembly has yet to create an independent "truth commission" to determine responsibility for the slayings. Juan Carlos Sosa, an attorney representing families of the April 11 victims, said he will appeal the decision and, if necessary, take the case to human rights organizations abroad. Sosa claimed that Chavez's leftist government influenced the judge's decision.
Pro-Chavez lawmaker Rafael Jimenez denied the claim, saying "it's an administrative decision. Another ruling, different from this one, could come." Vice President Jose Vicente Rangel refused comment on the decision, which was released shortly after a massive opposition march in Caracas to demand Chavez's ouster. "After a day for celebrating the April 11 heroes, the government was waiting on the sidelines with this decision," said Mohamed Merhi, father of one of those slain April 11. "Those who don't feel hurt by this decision have given in to hate." [End]
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