In my opinion, the statements of Dr. Blanca Rosa Mármol de León, Emeritus Magistrate of the TSJ, were dismissed. Blanca Rosa Mármol de León, Magistrate Emeritus of the TSJ, who after explaining in detail and exceptionally -as only she can do in her condition as former president of the Criminal Chamber of that High Court- why María Corina Machado (MCM) IS NOT DISQUALIFIED to exercise her political rights in Venezuela, the candidate, or better yet, Venezuelans, still have a constitutional solution to the outrage of the regime of Nicolás Maduro Moros, who has insisted on deciding who should be her opponents in the elections of 2024:
"... Let's go to the assumption you raise (they do not allow MCM to register because she is "disqualified") the time comes to register at the National Electoral Council, we are going to register as a candidate for President, well then they do not allow her to register, this National Electoral Council, we think it must be so unless a miracle happens, and we have a National Electoral Council that does not depend on the Executive, and they do not allow her to register. So then everything is over? Nooooo! It is not all over. The Constitution still has, believe it or not, another way out. There is still another way out, of what? Of respect for the will of the people, of respect for the will of the citizens. What is that way out? The call for a Constituent Assembly. Because the people expressed themselves on October 22 when they elected a sole candidate, and it was said that it was MCM..." (see in Spanish, Entrevista con el periodista Enler García, Programa Tiene Sentido #104, Constituyente, ¿el Plan B de Maria Corina?, in https://youtu.be/9HX-aSGeL3Y?t=2855)
But beyond explaining that this would really be a possible way out to reach the end of the MCM's deed, which cannot be other than the definitive exit of the regime, Dr. Mármol points out to Venezuelans that the disqualification of MCM is not only the violation of the political rights of the candidate, but of the rights of the more than 2 million Venezuelans who voted for her, having in her hands enough leadership to lead Venezuelans to the convocation of the Constituent Assembly by the hands of the people, if the regime insists in not allowing her participation in the presidential election,
"Because it is not MCM, who is being prevented from exercising his political rights only. It is not only that. All citizens who went to a primary election and said this is the candidate are being prevented from doing so. It is not only the candidate who has been wronged, it was the Venezuelans who voted, who are being mocked in our exercise of our will to elect the candidate. So, since this is so, what I think MCM should do is to turn around and say to the people, to those of us who voted for her, well, then let us go to a Constituent Assembly. We must go to a Constituent Assembly to enforce that will that we already expressed in a multitudinous manner with more than 2 million votes..." (see in Spanish, Entrevista con el periodista Enler García, Programa Tiene Sentido #104, Constituyente, ¿el Plan B de Maria Corina?, in https://youtu.be/9HX-aSGeL3Y?t=3128).
And this is not about telling the candidate or her leadership team what to do, or revealing any strategy that she has planned to carry out in her condition of elected leader of the Venezuelan opposition, in the moment that the regime definitively locks the doors to the election. It is simply to express a natural, peaceful, electoral and constitutional solution, based on the popular will that exists in the Constitution and that is a solution based on the spirit of the Constituent of 1999, who embodied in the Constitution the right to political participation of Venezuelans in political matters that concern them directly, without the intermediation of the public authorities. In other words, Dr. Mármol only reminded that this is there for everyone, but especially for those called to lead the destinies of the Nation.
But, how should this Constituent Assembly be carried out? That would not be a matter of an answer of the Magistrate Emeritus, beyond what the Constitution dictates, but of the political leadership, and it depends on the corresponding political moment. As I explained almost two years ago, the answer to that question is and has been dynamic in all these years, and consequently different for each political moment we have had in Venezuela (I recommend you my articles entitled “Notes on how we will do a Constituent Assembly”, in https://ticsddhh.blogspot.com/p/notes-on-how-we-will-do-constituent.html and “Brief notes on the constituent “how to””, in https://ticsddhh.blogspot.com/p/brief-notes-on-constituent-how-to.html).
But the important thing now is to highlight the "what", as Dr. Mármol has rightly done. If we all agree that this can be a consensual solution, the "how" will be adapted to the political moment we are living at that time, using all the advantages available to do so.
But there is something here that must be rescued from Dr. Mármol's statement: those whose political rights have been trampled have been the 2.4 million Venezuelans who chose a candidate, no matter who it was. And I believe that it is the obligation of that candidate not to ignore this fundamental political fact.
MCM is indeed the undisputed leader of the opposition, backed by the popular vote. This leadership becomes even more evident when many of those votes were the result of the resounding rejection of the political leadership of the parties which, until MCM's election, had unwisely led the opposition against the regime. This legitimizes it in the face of any pretension of the regime to disregard it. And the impossibility of ignoring this fact has been endorsed by the immense support received from the International Community. But this brings with it a great responsibility.
Perhaps it would not want there to be a Plan B if the regime stubbornly insists on ignoring the opposition people. And even less, a plan that implies a Constituent Assembly. Perhaps she would like everything to flow normally and the regime to accept to negotiate "their way out" in the face of the harsh reality that they have already lost all the internal support of the population. But things in politics are not centered on what a leadership ideally wishes in the face of a reality that is impossible to ignore: we are facing a criminal mafia that has decided to go over everything in order to stay. We cannot look the other way in the face of that.
The fact that a moral referent of the country such as Dr. Blanca Rosa Mármol de León suggests a different constitutional path in the face of this reality, should be pondered and studied. The regime has shown a structural weakness, not only by trampling on our political rights, but also by fleeing forward as evidenced by the imprisonment and alleged confession -which no one will believe- of Rocio San Miguel and her family, the expulsion from the country of the UN High Commissioner for Human Rights, or simply going to the presidential elections without MCM.
This and much more can be done by the regime to remain in power. But what they will not be able to do is to ignore the fact that they are summoned to the country to make the popular sovereignty be respected. There, the "disqualifications" of opponents will not be valid, nor the electoral subterfuges of the CNE, or the unrestrained shouts of the regime's representatives against the candidate, because it would not be only MCM, we are the majority of Venezuelans. Either we all come out, or none of us comes out, Diego Arria, dixit...
Caracas, February 23, 2024
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