By Luis
Manuel Aguana
The
legitimate Supreme Court of Justice has just specified in a sentence what we
all knew: Nicolás Maduro Moros has not been President of the Bolivarian
Republic of Venezuela since April 17, 2018 (see in Spanish Judgment of the
Supreme Court of Justice declaring the Absolute Absolute Lack in the Presidency
of Venezuela and decrees that it is URGENT to fill the power vacuum in
accordance with the Constitution of the Republic, on the official Twitter of
the Supreme Court of Justice at https://twitter.com/TSJ_Legitimo/status/1014611587745886211).
This ruling of the Supreme Court of
Justice puts the National Assembly on the spot, as it was the previous time
when the latter could not escape from taking a decision, with a letter from its
Board of Directors, which was brutally written and without the agreement or
discussion of all the deputies in plenary session, thus evading its
responsibility towards the country to "initiate
the procedure that will allow the constitutional transition of the Presidency
of the Republic in accordance with articles 233 and 234 of the Constitution of
the Bolivarian Republic of Venezuela", as it was called upon to do by
the legitimate Supreme Court in an order dated 3 May 2018. All the deputies
paid "just for sinners" with the decision of the Directive to
circumvent the TSJ-L's exhortation, as effectively expressed by the High Court
in the Judgment of July 2, 2018, clearly explaining the two reasons "why it was not only legally possible,
but absolutely convenient in the constitutional political order, for the
National Assembly, as the highest representative of the country's national
sovereignty, to proceed to execute the exhortation given in question...".
But as the whole country knows, they
did not, and that non-compliance now weighs much more heavily on them than
before. Now they either run or face as the popular saying goes. The National
Assembly has only two ways to appoint a Transitional Government: with or
without collaboration with the regime. If he does so properly, the designated
successor would indeed be legitimate but persecuted by castro-madurista
tyranny, as was the case with the Magistrates of the TSJ-L. The National
Assembly would be closed, with possible arrests of its deputies and their
functions absorbed by the illegitimate National Constituent Assembly of Maduro,
thus fulfilling the popular principle that "to be hanging the best thing
is to fall". I leave it to you to ask the question: will they have the
courage to challenge the regime by exposing themselves to tyranny to its full
extent? "If they do, God and the Fatherland will reward you, if not demand
it" as the oath says. It would be a “self-suicide” as that much-remembered
President said.
The other alternative is to do so in
collaboration with the regime. This, apart from the political
"self-suicide" before the Venezuelan people, presumes a negotiation
with the "minestrone" that represents all the officialist tendencies,
which implies deposing Nicolás Maduro Moros, contrary to what the regime has
said about ignoring the decisions of the TSJ-L, a body they consider spurious.
I see the latter as very distant, not because the ruling opposition doesn't
want to collaborate - they have already done so and continue to do so - but
because I see it as very uphill to see that this is approved by Cuban Castroism
and radical madurism.
In addition to this, any solution
must be found, in accordance with the Decision, by holding Presidential
elections at a later date, but this time subject to the Decision of the
Electoral Chamber of TSJ-L dated June 13, 2018, Case SE-2018-001, according to
which these must be carried out "after
the appointment of new Rectors of the National Electoral Council, purging and
updating of the Electoral Register and Manual Voting, among other minimum
necessary conditions, adjusted in everything, as ordered in the ruling of the
Electoral Chamber of this Maximum Tribunal dated 13/06/2018, File
SE-2018-001". According to this ruling, any election in Venezuela must
from now on be carried out under these parameters.
I do not believe that our opposition
parties can implement this ruling of the Electoral Chamber to appoint a
Transitional Government, especially when we see them organizing to participate
in the elections called by the regime's illegal CNE in December of this year.
Even some like AD are splitting from the MUD-Frente Amplio coalition to
negotiate without intermediaries with the regime, effectively accepting the
terms of those elections. There is nothing more collaborationist than that. The
founders of that historic party must be shaking in the place of their eternal
rest.
What, then, is left for our
honourable Deputies to do, to allow themselves to be imprisoned or to flee in
disarray? The ruling of the legitimate Supreme Court of Justice of July 2, 2018
obliges them to take a decision that politically only corresponds to them,
unless they declare themselves incompetent to carry it out. That is why there
is a third option: Decline the designation in favor of the legitimate Judicial
Power in exile and that was appointed by them. They could allege the situation
of insecurity and threat in which all Venezuelans find ourselves, especially
the deputies of the Legislative Power where their main aggressor is the
government. That would be perfectly understood by the entire international
community. But it must be declared to the legitimate TSJ in response to that
sentence so that it can proceed as soon as possible.
However, at least that should be the
"must be". But if the National Assembly is not appointed and if there
is no response to the TSJ-L from the National Assembly within a reasonably
short period of time, which I consider very likely given the conditions of the
opposition in the National Assembly, the legitimate TSJ should proceed with the
urgency of the case in view of the seriousness of the situation of the
Venezuelan population, assuming responsibility and proceeding as we have
formally requested: appointing a National Emergency Governing Council (see the
complete request in Spanish at https://tinyurl.com/y7x87ldb). The life-and-death situation of
Venezuelans demands it.
Caracas, July 6, 2018
Email: luismanuel.aguana@gmail.com
Twitter:@laguana
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