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(en) El Libertario - The Venezuelan anti-terrorist law penalizes “anarchy” with 1 to 3 years in prison

From Worker <a-infos-en@ainfos.ca>(http://www.nodo50.org/ellibertario/seccioningles.htm)
Date Mon, 24 Nov 2003 13:25:05 +0100 (CET)

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(A draft of the domestic Anti-terrorist law, proposed by groups
connected with the Chavist government, was approved in its first
discussion before the National Assembly- it has to be debated on
three occasions before being put into effect. At our request, the
current version - available at www.asambleanacional.gov.ve - of the
draft is analyzed by a lawyer and social activist from Caracas, who has found
interesting connections between the discourses of Washington and Miraflores.)
> Commentary on the draft of the Anti-terrorist Law by Humberto Decarli hachede@cantv.net
The draft of the Anti-terrorist Law resembles imperialist
proclamations written by a unilateral power for the rest of humanity,
and in particular for Uncle Sam’s backyard. After September 11,
2001, the United States have used the events of that day to put forth
initiatives that are intended to persecute the terrorism that they
themselves created during the Cold War, and which later turned
against them with Osama Bin Laden and Saddam Hussein. In the
context of the anti-terrorist movement, Washington has made a
priority of instantly pursuing every global manifestation of their enemy
the Al Qaeda network and other groups. The nations south of the Rio Grande
read the order and carried it out from various directions, among them
the legislative. The Chavez administration, to be consistent in their
collaboration with the North, has agreed to do its duty, and is doing it
by means of the drafting of this law.

The statement of motives provides a complete explanation for the
necessity in ratifying this legal instrument, based on all the usual,
clichéd reasons.

Nevertheless, they were very careful to obviate State terrorism, which
is as dangerous as the terrorism of Islamic fundamentalists. But such
a belief is rejected by the world leaders and the leader Sabaneta acted

Besides this, they are doing this in the name of the supposed
“libertarian” tradition of the Venezuelan people, when even
they themselves know perfectly well that the direction of
contemporary history is a distinctly authoritarian one, because
modern-day power has its roots in the Gomez dictatorship to
centralise the State, form a (Prussian) armed forces, and destroy all
signs of federalism.

The content of the draft gives a definition of terrorism in Article 3
which is conspicuous for its absence of terrorism by the State, and
because of this omission, this system can produce it. Section 11
states “Anyone with the intention to terrify and cause
anarchy...” will be penalised with one to three years of prison. The
term “anarchy” is used in a conveniently broad sense, and the
meaning is disorder. Regardless, sense it is a term with many
meanings it could be interpreted as “anarchist,” and a fortiori,
anyone who upholds or sympathises with libertarian ideas can be the
active subject of the crime. Titanic writing.

Article 12 punishes with 10 to 15 years anyone who in the name of
terrorism encourages desertion in the practitioners of State violence.
This is very dangerous because it takes into consideration the
principal factor of internal power and protects it excessively.

Article 13 penalises with 15 to 25 years the use of administration and
the provision of financial resources for terrorism. This punishment is
inspired by the Islamic networks that used secret finances and fiscal
paradises in order to face their western masters. Section 21 grants the
Public Ministry wide digression in allowing them to use any entity as
an auxiliary medium.

Article 23 permits the suspension of regular legal procedures in the
case of an accusation. This is a modus operandi typical of the
American praxis in punitive matters. It permits the immediate
expropriation of goods and services employed by terrorists by the
oppressive judicial body, to the point of confiscation if there is verified
imputability. (article 24).

Section 27 of this text allows the interception of communications
when there is a suspicion of terrorist acts. There is a name for this
kind of legislative expression: Al Qaeda. Finally, article 28 offers a
compensation of a thousand bolivars as a reward for fighting
terrorism. This is the mercenary justice we have come to expect of the
Americans. We can conclude that this project perfectly fulfils the
gringos’ goals in regards to terrorism. And Hugo Chavez’s
regime takes special care not to affect the
international balance of power, because he is aware that this is the
way to guarantee his permanence in the government.

In consonance with this behaviour, let us remember the payment of
the external debt in its most rigid form, the Treaty of No Double
Taxation with Washington and some European States; the contract to
supply oil to the yankees which has turned Venezuela into a paradise
for foreign investors which yields them a high profit but is not good for
the country; it does not create jobs and drains the local economy into
foreign markets.

Traducción: Erin

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