By Luis Manuel Aguana
The political dynamics that have
arisen from the authorization of the prosecution of Nicolás Maduro for
corruption is defining the route that the events that, with the favor of God
and Venezuelans, will follow will end with the narcomilitarized tyranny that
governs in Venezuela.
Indeed, the legitimate TSJ has
requested and been granted the authorization to prosecute Nicolás Maduro Moros
for corruption by the National Assembly. This is an irrefutable fact,
regardless of the ways in which such authorisation was granted, regardless of
the opinion advanced by some jurists regarding the agreement voted for by a
majority on 17 April. The bottom line is that Maduro was granted a trial and is
now in office illegally.
On April 26, 2018, Dr. José Vicente
Haro and Dr. Blanca Rosa Rosa Mármol de León, well-known and distinguished
Venezuelan lawyers of unquestionable seriousness, addressed formal
communication to the National Assembly (see in https://twitter.com/JOSEVICENTEHARO/status/989625760813060099?s=03), so that this body may determine the constitutional
legal status of the Presidency of the Republic, following the Agreement of
April 17, 2017, regarding the trial of Nicolás Maduro Moros in the Odebrecht
case.
This document clearly states that
Maduro must be separated from his functions as effectively established in
Article 380 of the COPP (Organic Code of Criminal Procedure) when a corruption
trial was initiated against him: “Article 380. Once the necessary procedures
for the prosecution have been completed, the official shall be suspended and
disqualified from holding any public office during the proceedings.”.
The political consequences of this
fact are categorical and cannot be ignored; and it is strange that this has
been left off the record since the authorization of the trial. The person
holding the office of President of the Republic may not continue to hold the
office and is temporarily separated until the trial is over, his situation
remaining pending a ruling by the legitimate Supreme Court of Justice, the body
that hears the case. So today we have a vacancy in the Presidency of the
Republic in Venezuela that must be filled immediately in accordance with the
provisions of the Constitution.
Then, the
work of the National Assembly did not end with the authorization of the trial
of Nicolás Maduro Moros, being very far from having rid itself of the
responsibility that they have with the Venezuelans.
The lawyers' document is categorical
and it is up to the Deputies to make a decision in accordance with this request
as to who should be exercising the Presidency of the Republic at this time in
accordance with the current Constitution.
However, regardless of what the
National Assembly's ultimate constitutional solution to Venezuela's
presidential succession may be, there is something in this entire history that
goes unnoticed and the reason for this note: new elections cannot be held in
Venezuela as long as: a) there is a perverted electoral system, and b) the
entire institutional system created to sustain the regime over the past 20
years is not dismantled.
The first condition we have reviewed
in depth in this blog for several years, so I will save you the trouble. For
those interested, please read my notes on this site since 2011 regarding the
CNE and the Venezuelan electoral system.
In the case of the second condition,
the matter is more complicated. Venezuelans have been convinced that just
leaving Maduro is enough to make things better. No, it's not enough. It is a
necessary but not sufficient condition. It is necessary to return to the
minimum constitutional controls and to the basic institutional forms of
government control, as well as to discuss new ones, resulting from the destruction
of the country and the new international scenarios.
But how do we do that if Miraflores'
next heir is born with the original sin of the 1999 Constitution? With all that
concentrated power to appoint ministers in ministries invented at will,
military promotions without control, to create and destroy institutions, to
dispose of the money of all Venezuelans at their own discretion, to name but a
few of their attributions, anyone who occupies the presidential post will lead
us to ruin, if that is now possible. Whatever Mother Teresa of Calcutta may be,
if we can revive her and convince her to become President of the Bolivarian
Republic of Venezuela.
From a strictly political and
constitutional point of view, sooner rather than later, the trial against
Maduro and his government of criminals must lead to his replacement. However,
it cannot be that this substitution is to call for elections', as the
politicians of the official opposition shout. That substitution must be to lead
the government and guarantee governability in the worst epoch of our history,
for a period sufficient to reorder the State, and then to assure Venezuelans of
the election of new public powers with a clean and sanitized institutional
system.
That is our basic demand. The choirs
of all the official opposition repeat like a mantra to Venezuelans that once we
leave Maduro - which is difficult enough as it is - we will make elections and
abundance will come. What a pain in the ass to keep lying to people! It seems that nothing has been learned.
So, and after Maduro what? If we do not change the country's
institutional system thoroughly before any election, those who once felt
hopeful about immediate change will feel betrayed and rightly so. And there
will be no future electoral promise to save us from suffering again what took
so much blood to resolve, entering an endless cycle of instability and
violence. Why do you think we will not rest until we make Venezuelans
understand that the formal, correct and institutional way to avoid this is to
change the country's institutional system with a call to the Original
Constituent through a Popular Consultation that gives the people the
prerogative to change their future? From the National Constituent Alliance (ANCO)
we will continue working on that no matter what happens in the country.
You will say that fatalistic looks
such an assertion, and it really is. It makes no sense that we Venezuelans have
gone through 20 years of suffering if we do not come out of this with a lesson
for the future, translated into great changes that will correct the mistakes
that brought us to this tragedy. If we don't correct them all together, it
won't have been worth the death and pain of the Venezuelan family. That depends on us and on you...
Caracas,
May 3, 2018
Email: luismanuel.aguana@gmail.com
Twitter:@laguana
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