One could consider as historic the initiative of an outstanding group of Venezuelans, led by Dr. Adriana Vigilanza García, and among whom I was honored to be invited to participate, to file an Amparo Appeal before the Supreme Court of Justice in exile, considered by the vast majority of Venezuelans as a constitutional remedy. Adriana Vigilanza García, and among whom I had the honor of being invited to participate, to file a Recurso de Amparo before the Supreme Court of Justice in exile, considered by the vast majority of Venezuelans as the truly legitimate TSJ, for the rescue of our right to political participation and vote, requesting, as a consequence, among other important petitions, the NULLITY of the Memorandum of Understanding between the usurper regime of Nicolás Maduro Moros and the so-called "Unitary Platform", signed on August 15, 2021 (seein Spanish Press Release and Motion for Protection in Nullity of the Memorandum of Understanding between the opposition and the government of Maduro, before the TSJ in exile, in https://ticsddhh.blogspot.com/2022/10/solicitan-nulidad-del-memorandum-de.html and direct download in https://tinyurl.com/yc7r276y).
The initiative may seem late to some, but it is nonetheless absolutely fair and necessary. To others, it will seem useless, since, due to their condition of exiles, the Magistrates that were constituted as Supreme Court of Justice in exile, are unable to enforce their decisions in practice, since Venezuela has a regime that does not recognize the Rule of Law, and has imposed its own complacent Supreme Court of Justice to endorse its disrespect for the rule of law.
For those who still doubt the legitimacy of the aforementioned TSJ in exile, despite the attacks carried out by the enemies of freedom for its disappearance, I invite you to read the legal opinion of Dr. José Vicente Haro, Venezuelan constitutional expert and professor of the Specialization in Constitutional Law at the Universidad Central de Venezuela, in his article "Is the Venezuelan Supreme Court of Justice in exile legitimate and constitutional?", in https://ticsddhh.blogspot.com/2018/06/es-legitimo-y-constitucional-el.html.
But what should seem absolutely congruent to all of us is the truth, explained with rigorous meticulousness in that document of Protection, that the Appeal proves with facts, not only the illegitimacy of the regime of Nicolás Maduro Moros to represent us, but that of the complacent and treacherous official opposition to the feelings of Venezuelans, who could not sign anything on behalf of anyone in any respect, let alone a negotiation of dire consequences for us, under the protection of a supposed representation that they do not possess in any way.
The implications of a decision in favor of what was requested in this protection "in protection of constitutional rights, and collective and diffuse interests of all Venezuelans", are of incalculable and transcendental importance for Venezuelans inside and outside the country, in this long struggle that is being waged against the regime, and especially for the countries of the International Community that have endorsed the negotiations in Mexico City, to the point that even if the regime and its opposition ignore it -as we know what will happen- the more than 60 countries that did not recognize the regime of Nicolás Maduro Moros as legitimate, giving life to the Government in Charge of Juan Guaidó Márquez in 2019, will not be able to discard it.
This document contains three fundamental claims: a) the NULLITY of any
negotiation carried out without the legitimate support of Venezuelans as a
consequence of the violation of our right to political participation; b) the
designation by the TSJ in exile of an ad-hoc electoral authority outside the
country to carry out the necessary actions so that there are true legitimate
representatives for Venezuelans, who are valid counterparts before the
International Community; and c) to initiate a process that leads Venezuelans to
begin to have a clear strategy from abroad to put an end to the regime of
Nicolás Maduro Moros.
From an expected positive decision by the TSJ in exile, the gears must start moving outside the country to give a voice to the more than 7 million Venezuelans forced to survive outside the borders of our country, and those of us who are still in Venezuela, because of a horrendous tyranny that afflicts the Venezuelan people, in order to achieve that legitimate representation before the International Community.
The important thing about this is the recognition given by international organizations such as the OAS to the constitution of the Supreme Court of Justice in exile, with Magistrates legitimately appointed in 2017, in order to achieve the recognition of its decisions by the countries of that organization, in favor of the Venezuelan people. This will by no means be easy and it is a crusade that must be undertaken, once we have a positive decision on this appeal.
Likewise, in Venezuela, our struggle in favor of the non-recognition of another electoral process in the country will be reinforced, not only because the regime still usurps power and there will never be authentic elections under those conditions, but also due to the fact that it has been proven, this time by a Court, the non-existence of a legitimate National Electoral Council-CNE in the country, reason for which we are requesting in this Appeal for Protection, that an ad-hoc electoral entity be appointed, that offers "confidence to Venezuelans", and ".... to assume the regulatory competence for the organization of the elections or consultations pertinent to Venezuelans, without the interference and/or mediatization of the current factors in political struggle, since that was precisely what the Constituent wanted to avoid by establishing the right to political participation...", as stated in the Press Release announcing to the world this new attempt in the long crusade to change things in our country.
It is essential that the governments of the countries of the International Community understand, through the valuable evidence that emerges from this valuable Resource, that there are no conditions for any valid electoral process in Venezuela, as long as the regime of Nicolás Maduro Moros remains in power, and that they definitely study different alternatives outside Venezuela that can arbitrate the vote of Venezuelans through unprecedented mechanisms, which are fully recognized by the International Community.
This Resource is nothing more than an additional initiative of the Venezuelan civil society in the tireless search for unprecedented and creative formulas that will lead us to a peaceful, constitutional and electoral solution to the serious crisis that consumes Venezuelans, and that we have had the need to carry out from our sphere because the country has already lost confidence in the political leadership, which has proven to have agreed to survive with the regime, to the detriment of the population. I am optimistic about the results of this new attempt, but I am even more convinced of our resilience as a people if the results are not as expected. We will never tire of continuing to try…
Caracas, October 16, 2022
Blog: https://ticsddhh.blogspot.com/
Email: luismanuel.aguana@gmail.com
Twitter:@laguana
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