The campaign to discredit the Legitimate Supreme Court of Justice operating in exile, not only on the occasion of the ruling published on April 11, 2023, reinstating the constitutional figure of the acting President (see Ruling on the reinstatement of the President-in-Charge of the TSJ in exile, April 11, 2023, in https://ticsddhh.blogspot.com/p/ruling-on-reinstatement-of-president-in.html), but to the letter that several Venezuelans living in exile and in Venezuela sent a few days ago to the U.S. Treasury Department through its disbursement division, OFAC ("Office of Foreign Assets Control") (see Letter to OFAC in support of the Legitimate TSJ in exile - 10-05-2023, at https://ticsddhh.blogspot.com/p/letter-to-ofac-in-support-of-legitimate.html), was more than expected and does nothing more than reaffirm what I wrote in 2018, a few months after the constitution of this High Court at the OAS headquarters in Washington, DC, USA, which I called "The phenomenon of the legitimate TSJ" (see The phenomenon of the legitimate TSJ, at https://ticsddhh.blogspot.com/p/the-phenomenon-of-legitimate-tsj.html).
The remnants of what was happening in Venezuela prior to 1998 and which gave rise to the emergence of the disgrace of a social resentment at the reins of the Executive Power in Venezuela, have not yet disappeared. Venezuelans are what we are and until that does not change in a structural way, the seed of our own destruction will remain among us.
We Venezuelans can be incredibly glorious in our ideas, as demonstrated by the Justices who were appointed by the legitimate National Assembly elected in December 2015, when they constituted themselves as a legitimate Supreme Court of Justice in exile just after the Justices of the TSJ in Venezuela, aulic followers of the regime, resigned in full to an illegitimate and illegitimate National Constituent Assembly, convened without the authorization of the popular sovereignty. But we can also be incredibly foolish, breaking with our feet what we did with our hands.
Those Justices were appointed in 2017 for 12 years. Yes, read that right, for 12 years. That is until 2029. They have more years of legitimacy than the same deputies of the National Assembly of 2015, who "self-elect" themselves in January of each year because in Venezuela the people cannot be summoned to change them. In my opinion, no matter how internationally recognized it may be, the National Assembly of 2015 ceased to be the representative of the Venezuelan people as of its expiration as a legislative body, and consequently, it could not endorse representatives on our behalf to discuss the future of Venezuelans before any instance.
And you will say, and then what are we left with? The Legitimate Supreme Court of Justice operating in exile, whose Justices are collegially making decisions fully in accordance with the law, even if we do not like them. Or is it that we prefer that these decisions be made by judges subrogated to the regime?
Personally, I would have liked the decision they made, published today, to urge the 2015 National Assembly to comply with the mandate of Ruling 001-AA-2023 of April 11, 2023, for its refusal to reinstate the Presidency-in-Charge (see in Spanish Constitutional Chamber urges the 2015 National Assembly, in https://twitter.com/TSJ_Legitimo/status/1658048686889287682), The above mentioned, they would have proceeded to appoint a new President in Charge in exile through an unprecedented selection mechanism, given that in Venezuela the conditions are not in place to displace the regime through those who were responsible for the contempt and violation of the Constitution, which was precisely what gave rise, in principle, to the Appeal for Protection that motivated this Judgment.
But instead they decided to urge those who violated the Constitution -the G4 and their accomplices- to comply with it. Well, we know they will not do it... This decision seems contradictory, but if we pretend that this pothole is confused with the long-term direction we must have in this struggle, with our eyes fixed on achieving the due institutionality to rescue the country, we will go backwards in the face of the regime we intend to depose.
And that is precisely what institutionalism is. And with my apologies in advance for making an odious generalization, Venezuelans still do not know the meaning of that word. It is the institutions, not those who lead them, that we have to defend and build as new ones. I tried to explain it -without much success- in the case of the institution "Presidencia Encargada" by differentiating it from "Juan Guaidó Márquez" in my 2020 note entitled, Variable principal (see in Spanish Main variable, in https://ticsddhh.blogspot.com/p/main-variable.html), and that gave rise to these pseudo deputies of the National Assembly of 2015 to disappear the Presidency in Charge, in their desire to destroy Juan Guaidó Márquez for political reasons.
In the case of the Venezuelan Supreme Court, any politician, past and present, picks up the phone to put pressure on the rulings of the Justices. And this will continue to be done until there is no true independence of the judges in the country. We have not achieved that yet, but we must continue to seek it, now and after we have recovered Venezuela's freedom.
Alexander Hamilton (1755-1804), author of the idea of the life tenure of judges in the USA, defended the idea with the following argument: "the judicial organism is the weakest of the three organisms of the State, because it does not possess the military power that the executive organism has, nor the power to dispose of the public treasury and to dictate laws, which the legislative power has. It possesses only the power to judge; but with such power it cannot defend itself from attack by the other agencies. A remedy to prevent such attack is that judges who are of good conduct cannot be removed; and possess, then, independence to judge the constitutional lawfulness or unlawfulness of the acts of the other agencies of the State" (emphasis added) (see in Spanish mention by A. Hamilton in Sobre Jueces Vitalicios, Luis Enrique Perez, in https://tinyurl.com/vr9asyzw).
Alexander Hamilton could never even conceive or imagine, in the worst of his nightmares, that the rest of the public powers would dedicate themselves to ignore, and even worse, to discredit with their cyberspace dogs the judicial body to avoid its sentences, as the 2015 National Assembly of Venezuela is doing, and much less, that a Presidency-in-Charge, which when in the hands of Juan Guaidó Márquez, would dance like a puppet to the tune played by the politicians of that Assembly.
We already have at least one legitimate TSJ in exile. The next thing to do is to point in the direction of its survival, strengthening and international recognition, so that its decisions produce a free and legitimate electoral body, which will give birth to new institutions, the Presidency of the Republic and the National Assembly, which, with the support of the Venezuelan people, will truly and legitimately move in the direction of the displacement of this regime of criminals. We need the help of all Venezuelans for that. That is the civic fight we are going through…
Caracas, May 15, 2023
Blog:
TIC’s & Derechos Humanos, https://ticsddhh.blogspot.com/
Email: luismanuel.aguana@gmail.com
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