As if following the title of the famous novel by García Márquez, the regime announced the death of the recall referendum, in a chronicle that many of us expected to include a slow agony. But it did not happen that way. The three pro-government Rectors did not wait long to put the Referendum on the firing squad. Immediately, the proponents jumped out complaining about something they already knew all too well: the arbitrariness with which the Electoral Power of the regime has always acted. And even in this way, they hoped to uselessly change the death penalty of the Referendum, when it had already been decreed.
But again, with the regime and its opposition it is always important to ask the right questions. Why did the regime, after making things very easy at the beginning, letting the proponents not need 1% of signatures of the electoral roll with the petition, decide hours later to cut off all possibilities for the recall? What happened there? And do not tell me it was a mistake. I believe that there was a serious intention to go that way but something happened. If there was already an agreement between the regime and its opposition to entertain the Venezuelan people for one more year in a farce that the opposition would definitely not win, and that would serve to oil their machinery for 2024, why then did the regime stop it?
The answer could be Mexico. The demands of the U.S. in pushing for the return to the negotiating table would put Maduro in serious trouble to ensure a cleaner process after the 21N and the reports of the European Union. If the opposition succeeded in collecting the signatures to initiate this process, this time with the help of Maduro because of the convenience of this recall for his regime, what need would the regime have to run the risk of submitting itself to more problems, at a negotiating table on which it would have to give some concession to the International Community, and especially to the US? None.
Perhaps, as in Barinas, the Chávez's communications with Havana worked again, pressuring the regime to put an end to that relegitimization attempt once and for the rest of the term, even though that date count was already well programmed in the CNE so that whoever would be the winner of that referendum -if it were to happen- would be Maduro and his court, with Delcy Rodríguez at the head. Point for the Chávez again.
But the political reality is brutal. The proponents of the initiative decided to throw in the towel (see in Spanish, Mover calls not to participate in the recall signature collection on 26E, in https://www.noticierodigital.com/2022/01/mover-llama-a-no-convalidar-el-cronograma-del-revocatorio-fijado-para-el-26e/) with the customary tearing of garments and expressions of unconstitutionality of the actions of this organism of the regime, which the whole country already knew but which apparently they are now beginning to understand.
But the statement that perplexes me the most is the one made by the "opposition" Rector Roberto Picón: "There is no platform that guarantees the secrecy of the people who participate" (see in Spanish Rector Picón clarifies " No guarantee of secrecy can be given to those participating on 26E", at https://www.noticierodigital.com/2022/01/rector-picon-aclara-que-no-se-puede-garantizar-el-secreto-de-las-personas-que-participen-el-26e/). But that has nothing to do with the time to carry out a recall! If the institution that Picón represents is incapable of guaranteeing Venezuelans that their data will not be violated and used for persecutory purposes, it could take as long as the CNE technicians want to make programs, and the data would end up in the hands of the regime, as we have repeatedly pointed out in this corner of the web.
A new Lista de Tascón was in our future, and this was unashamedly corroborated by Diosdado Cabello: "The President has every right to know who wants to recall him. We reserve the right to go to the CNE to ask for the list of all the people requesting the referendum" (see in Spanish Cabello: Vamos a pedir la lista de quienes firmen el revocatorio", at https://www.noticierodigital.com/2022/01/cabello-vamos-a-pedir-al-cne-la-lista-de-quienes-firmen-para-el-revocatorio/).
Well, neither Cabello, nor Maduro, nor Chavez in his opportunity, when Deputy Tascon transcribed and used the list of Venezuelans who signed the recall of 2004, have the right to use such data of Venezuelans. Although in Venezuela there is no special law for the protection of citizens' personal data, both the Constitution and the legislation in force could certainly protect its use. But in tyranny things are different.
For Mr. Cabello's information, Constitutional Articles 28, 48 and 60 give Venezuelans the right to the protection of their private life and to be owners of the data held on them by the State administration. But besides that, I remind the regime of the provision established in the Special Law against Computer Crimes, which Article 20 clearly states: "Article 20. Violation of the privacy of personal data or information. Any person who intentionally seizes, uses, modifies or deletes, by any means, without the
eliminates by any means, without the consent of its owner, the personal data or information of another or over which he has a legitimate interest, which are incorporated in a computer or system that uses information technologies, shall be punished with imprisonment of two to six years and a fine of two hundred to six hundred tax units. The penalty shall be increased by one third to one half if as a consequence of the above facts there is damage to the owner of the data or information or to a third party". (see in Spanish Special Law against Computer Crimes, at http://www.conatel.gob.ve/ley-especial-contra-los-delitos-informaticos-2/) (emphasis added). This Law was approved before the outburst of Deputy Luis Tascón, that is, on September 4, 2001 in a National Assembly that was completely pro-government.
Diosdado Cabello, as former Director of CONATEL, is perfectly aware of this legal provision, hence, he could not threaten Venezuelans with requesting any information from the CNE contained in its servers without their consent. In the event of a recall, it is precisely Rector Roberto Picón and the rest of the CNE's board of directors who must face this defense in accordance with the legal and Constitutional provisions.
But since we are in the country of disregard for the law and the rule of law, it is not unusual for characters of the regime such as Cabello to make such statements. But it is extremely contradictory and serious that characters such as Rector Roberto Picón, who being part of a supposed opposition, publicly says that he cannot defend the rights and data of Venezuelans because there is a regime that does whatever it wants. Why then was he put there in the first place? Just for declaring that barbarity he should resign immediately and start fighting for a truly authentic electoral system.
The big question that Venezuelans are probably asking themselves is: what now, from here to where? The chain of deceit, cohabitation and opposition blunders has been of such magnitude that any criticism we can make is useless. It is time for concrete and feasible proposals, especially those that do not include the powers controlled by the regime, and even less the electoral one. Let us hope that the country has finished learning this lesson.
Caracas, January 25, 2022
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