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THE SECRET STORIES


OF A JUDGE IN VENEZUELA
A Venezuelan
Supreme Court justice,
former President
of the Criminal Appellate Court,
is linked to drug trafficking
activities and then dismissed.
But instead of appearing
before the National Assembly,
he fled the country.
Now the judge
fears being prosecuted
by the Venezuelan
justice system.
Justice Eladio Aponte Aponte
has decided to come forward
and these are his revelations.
We're having this conversation
outside Venezuela.
The Ethics Committee,
and the National Assembly's
special commission
issued reports about you,
and unanimously decided
to dismiss you at a meeting
of the National Assembly,
due to your links
with an alleged drug lord,
Walid Makled.
You're now out of the country.
Why did you leave?
I left the country
firstly to clear my head
from such a traumatic event
as being accused of something
I had absolutely nothing
to do with.
And that literally forced me
to clear my mind,
get a change of atmosphere,
to organize my ideas.
And I did that in order...
...to get some sort of relief
from the situation
I found myself involved in
because of those allegations
which I was accused of
so cunningly,
and with such malice.
And based entirely on hearsay.
And nobody,
on either side,
decided to investigate,
to make inquiries,
as to whether

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there was any truth to them.


What's your relationship
with Walid Makled?
Do you know him?
I do know him.
I've never denied it.
I'm from Valencia,
and he used to live there.
Where did you meet him?
In Valencia.
During the Oil Industry strike
of 2002, if I'm not mistaken,
he was a big shot
in the State of Carabobo.
He was given
the red carpet treatment
by government officials.
He was one of the guys
that allegedly
helped in the reactivation
of the refineries
and the country's food supply.
So this guy was a real big shot
back then.
They planted 400 kilos
of drugs on us in Venezuela.
I ask for justice!
Is that why you issued
his military prosecutor
credentials?
I don't remember
whether I signed it.
I signed a lot of credentials
as Chief Military Prosecutor.
But as soon as I left
that position,
an announcement was made
through the national press
that all of those credentials
were revoked.
And anybody
holding such credentials
was asked to turn them in.
You don't remember
if you gave it to him or not?
No, I signed lots
of credentials.
Maybe I did.
I can't say I did or didn't,
I have to be responsible.
But I did sign
a huge number of credentials.
Who authorized
those credentials?
Who were issued
Military prosecutor cards?

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Who benefited from them?


They were issued to people
you considered your friends.
A friend, or a friend
of a government official
that vouched for them,
and they were issued
but they didn't give the holder
any kind of authority.
As far as you can remember,
who were the officials
that asked you for them?
The prosecutors
that worked for me.
Others that worked elsewhere.
A few friends.
You've left the country.
Are you going back
to Venezuela?
Yes, I plan to go back
and face the charges,
to clear my name,
my reputation and dignity,
and not just mine,
but my family's.
Regarding the reasons
for your dismissal,
according to the National
Assembly's special commission
that studied your case,
there is the alleged issuing
of a government
commissioner card
to the alleged drug lord
and secondly,
they claim you invited him
to your daughter's wedding.
Did you do that?
On the list
that my daughter prepared,
the gentleman was included.
But we didn't have any idea
of the activities
of this gentleman.
We only knew him
as a reputable businessman,
a very successful
and well-known businessman.
Is it true that Mr. Makled
sent you several
thank-you notes?
On whose behalf?
For your assistance
in Carabobo State. True?
Yes, it's true, I saw a note
that I don't have here with me,

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signed by the President,


congratulating Mr. Makled
for his work
in support of the revolution,
and the revolutionary movement
President Chavez is leading.
SECRET STORIES
OF A JUDGE IN VENEZUELA
SECRET STORIES
OF A JUDGE IN VENEZUELA
PALACE OF JUSTICE
How does the justice system
work in Venezuela?
Well I am part
of the justice system,
or was a part, rather,
and an important member of it.
And maybe many of the things
that affected the justice system
were done
under my responsibility.
But as soon as I saw myself
being judged
on the same standards
or the same criteria
as all the others,
I decided
it was not the justice
that's so proclaimed,
not the kind of justice we need,
not justice
according to the constitution.
Did you ever receive
a telephone call
from a government official
of any rank,
asking you to tamper with
the Venezuelan justice system?
Yes, from the President
downwards.
This judge deserves
the maximum sentence.
Thirty years in jail.
In the case of the President,
did he speak directly with you?
-Directly with me.
-He telephoned you?
-Yes he did.
-What for?
Mainly regarding the case of
the paramilitary officers in...
in El Hatillo.
The so-called
Paracachitos case?
They called it that too.
Why did he phone you?

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Well so I would...
So I would carry out
the investigation
in a way that was convenient
for the government.
Exactly what was
the President's request?
I really think,
from my own point of view,
that regarding
these paramilitary officers
I had my doubts
as to who they were.
Because they were
inexperienced young men,
some of whom
couldn't handle a weapon.
Some of them
didn't know what was going on,
and by mere chance
their buses were detained
by a Metropolitan Police
car.
How did they get there
from Colombia?
Why were they taken there?
Was this case fabricated?
After everything I've seen,
I wouldn't doubt it at all
at this point.
You think the case was fabricated.
President Chavez
phoned you about the case.
-Yes he did.
-But what did he ask you to do?
Like I already said,
he wanted the investigation
to conclude that
they were plotting
against the government,
and he wanted us to prove
that was what happened.
Apart from President Chavez,
what was your relationship
with other government officials?
The Public Minister,
the Prosecutor General,
Luisa Ortega,
Luisa Estella Morales?
Did you also receive calls from them
to intervene in certain rulings?
Luisa Ortega telephoned me
more than once.
Luisa Estella Morales
phoned me lots of times.
What did they tell you?

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When charges were about


to be filed against someone,
or they were to be detained,
or a search warrant
was about to be issued,
they told me to orchestrate
the whole thing,
and look for the right judge
to do whatever
was needed to be done.
To manipulate acase,
in other words.
Yes, more than one.
What cases did Luisa Estella
tamper with that you recall?
A lot of cases.
The only case I recall
at this time
is a Representative from Maracaibo
called "Mazuco".
What happened?
The case was handled like this.
They got a convicted prisoner,
they put a hood on him,
and put him on the witness stand
to say that the defendant
had somebody killed.
What did the President
of the Supreme Court want?
-Precisely that.
-What?
For me to endorse it.
To endorse his statement,
and the man was paid
with his freedom.
Why are you
coming forward now?
Why am I coming forward now?
I know that in Venezuela,
because of this,
I will be called a traitor.
So be it.
But I was vilely...
...betrayed.
I was vilely humiliated.
I was vilely manipulated.
Who betrayed you?
Who manipulated you and why?
And why did you let them?
Because I believed
in the revolution.
What do you mean
by you were betrayed?
Look at what happened
in the National Assembly,
in the Ethics Committee

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that produced a verdict


without...
Without properly researching,
without analyzing
the arguments I gave them.
Instead I saw the case
falling down a chute.
That that was the decision,
then I would be put before
the National Assembly
so they could have my head.
What do you think
happened between you
and high-ranking
government officials,
to end such a direct
kind of relationship you had?
That trust they had in you,
to even ask you
for favors as a judge?
I really don't know.
Was the Makled case,
or some other case?
I don't know.
I suppose it could've been
other cases.
Maybe cases with which
I didn't agree to cooperate.
Or I just turned a deaf ear to.
I can't remember right now,
but I think the Makled case
was exactly what they needed.
To destroy my reputation
and my good name.
You're not just any lawyer,
you were President
of the Criminal Appellate Court.
Yes ma'am.
When you say
you were manipulated,
I'd like you to be more specific
regarding the modus operandi.
How did they phone you?
Give us some more details.
For what reason?
Ideological, financial reasons?
Were you ever paid?
Apart from you,
were any of the authorities
that requested these favors
ever paid?
I have no idea whether
they were ever paid any money.
They just asked for favors
that I complied with.
And woe be the judge

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that refused to cooperate.


-What happened to them?
-They were dismissed.
How many judges
did you dismiss?
The Judicial Committee did that.
But many of them were.
Did you agree to have more than one
judge being dismissed?
-Yes I did.
-Why did you?
I was a member
of the Judicial Committee.
But why were they dismissed?
Simply for not carrying out
your orders?
Not just because of an order,
because I didn't give
the order directly,
she did, the President
of the Supreme Court directly.
Lots of times the prosecutors
gave the order directly.
There's a prosecutor
by the last name of Castillo,
who phones the justices
himself directly.
And he's even threatened them.
What's the relationship
with the Prosecutor General?
Tell us some more about that.
Off the record,
some say that in Venezuela
there's a group of favorites
of the Prosecutor General,
and that the kind of situation
you're reporting,
of alleged extortion
is going on in Venezuela.
What do you know about that?
Yes it is true
there was a group of favorites,
the same people
that phoned the judges.
I think Castillo, Meja,
they phoned the judges,
and if the judges
refused to cooperate,
they threatened
to have them dismissed.
Or to have them disbarred
or something.
Why were they meddling
with the judiciary?
Why would prosecutors
do that?

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The President
of the Supreme Court
and the Prosecutor General
worked together.
Were they bribed?
Did they extort clients?
What do you know about that?
I think they are guilty
of extortion,
especially against bankers.
Because something very funny
happened in their case.
The big bankers,
the owners of the banks,
left the country,
and only a few
stayed in the country.
And only second and third-rate
staff members were caught.
Those are the ones they jailed.
Some six years ago,
another justice,
Luis Velzquez Alvaray,
made a very serious accusation
and Venezuelans still don't know
what was done about it.
He talked about an alleged
Banda de los Enanos
within the judiciary.
And about how drug trafficking
had penetrated the judiciary
and reached many judges.
Now that you just got out,
what do you know about this?
Well yes, even just recently,
these so-called Enanos,
and everybody knows
who they are,
have been working
with the Prosecutor General.
-They work with her?
-With the Prosecutor General.
How does that work?
They have their arrangement.
The Prosecutors
do whatever they're told to do.
In other words,
if they need a legal favor?
Are they paid?
How does that work?
I don't know what negotiations
are done on the outside.
I only saw what was going on
on the inside.
That's where the Prosecutor's
requests are handled.

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Does that mean


that in Venezuela
legal procedures
and rulings have a price?
In some cases they do.
So can justice be bought
in Venezuela with money?
-Perhaps.
-What do you mean by perhaps?
Well yes.
In some cases it's been done.
The judiciary
is not an autonomous entity.
In other words,
it's not a separate power.
That's a fallacy.
And I'll tell you why.
Every weekend,
particularly on Friday mornings,
there's a meeting
in the country's
Vice President's office,
with the Vice President,
who is the person
that administrates justice
in Venezuela,
with the President
of the Supreme Court,
with the Prosecutor General,
with the President
of the National Assembly.
With the Attorney General.
With the Comptroller General.
And once in a while,
with some of the...
...chiefs of police.
That is where
the directives
of the justice system come from.
In other words,
the guidelines on how justice
is to be administered.
Have you ever been
to one of those meetings?
I've been to several.
Every Saturday
in the Vice President's office?
-No, on Fridays.
-In the Vice President's office?
How does that affect
the separation of powers?
I don't think it exists.
What is discussed
at those meetings?
About what cases are pending.
What course of action to follow.

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Court
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They decide
what guidelines to follow,
depending on
the political climate.
First you were
Chief Military Prosecutor.
What did you do
to get promoted
later on to the Supreme Court?
What was that emblematic case
in your opinion,
that got you all the way up
to the Presidency of that court?
I think I had
a very clean record,
and I complied with
the position's requirements.
Apart from my experience.
By a clean record
you mean loyal to the President.
Yes, loyal to the government.
But not loyal
to the Constitution.
You're right, that's true.
SECRET STORIES
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The Venezuelan media
have recently reported
that the US government
might be interested in you,
because you could have proof
of high-ranking
government officials
being linked to terrorism
and drug trafficking.
Is that true?
So many things
have been said about me,
that I don't doubt it.
But do you have proof
that high-ranking officials
might be involved
in drug trafficking?
I was part
of the Criminal Division of the Venezuelan Supreme
for seven years.
Therefore I handled
a lot of information.
I repeat the question.
Do you have proof
that high-ranking officials
might be involved
in drug trafficking?

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As I said, I handled,
and handle a lot of information.
-Yes or no?
-Yes.
Who are they?
I'd have to think about it,
about who they are.
But telling you their names
just like that,
I don't think it's convenient
for the time being.
According to some reports
in the USA,
you might be cooperating
with some drug lords
apart from the Walid Makled case,
is that true?
That's not true.
The only person,
and I'm going to say this
to defend myself,
involved in drug trafficking
that I ever met,
was Mr. Makled.
And I had no knowledge
of his dealings.
His business deals.
Big business deals.
I had no idea.
And I really had
very little contact with him.
And the government
credential
I'm accused of issuing him
as Head of Security
of Justice Aponte Aponte,
that credential was not signed by me.
But he claims
you were on his payroll.
Well, where is it?
That's what he says.
Maybe I never got the money.
-You never received money from Walid Makled?
-Never.
-Never received money from a drug lord?
-Never.
I never did anything
to favor the drug lords.
There's just one case
I remember.
Which one?
The case of Major Magino,
and a lieutenant,
I don't remember his name,
was arrested in Carora, I think,
with a stash of cocaine.

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He was Major Magino's


subordinate.
The drugs were found
in his possession,
and then Magino himself
telephoned me.
Even the President
asked me to help him.
Who is this Mr. Magino?
A Major who was later
promoted to General,
to Colonel or General,
I'm not sure,
then he was appointed...
...as military attach
in Brazil I think.
Is he involved
in drug trafficking?
The lieutenant
was caught carrying the stash
to the battalion
Magino was in charge of.
The lieutenant
was carrying the stash?
-Yes.
-To his battalion?
Yes.
How were you involved?
How did you help him?
I helped him
by granting him an injunction.
But he wasn't released.
Who ordered you to do that?
Or was it your decision?
No, I got phone calls even from
the President's office.
-But in that case...
-In that case.
-Who phoned you?
-The President's office.
Who in the President's office?
It was...
...one of the secretaries
closest to the President.
I think it was Morales.
So you're saying
that one of Chavez's friends
asked you to help
a drug trafficker.
-Yes.
-In an alleged drug case?
The Minister of Defense
phoned me.
It was Baduel back then.
Rangel Silva phoned me.
General Carvajal phoned me.

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I was phoned by...


...an Admiral.
Aguirre I think.
So a lot of people
vouched for this man.
Don't you remember
the exact details?
Do you remember
what happened to the drugs?
No, no, all I remember is
that the drugs
had to be stashed away
for a night at the barracks,
and that's how
they discovered it.
The stash spent a night
in Venezuelan barracks.
That's right.
A National Guard barracks?
No, the Army, I think.
Because the drugs
were seized?
They weren't seized,
they were passing through.
So the drugs were stored
in a Venezuelan Army camp?
That is correct.
If the drugs weren't seized,
where were they headed?
Where did they come from?
The stash came from Colombia,
through Carora in Zulia State.
They held it that night?
Then where was it taken?
To Central Venezuela.
Central Venezuela.
So you issued that injunction
to help this man?
That's right.
That's the only time
I remember doing anything
to help a drug trafficker.
Let's go back a little.
Someone from
the President's office
asked you to help
this drug trafficker?
Who else? Please tell me.
This is important.
Who else phoned you?
That would be Carvajal.
Rangel Silva.
Who is Carvajal?
The Director
of Military Intelligence.
The Director of the DISIP,

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the Intelligence Agency.


Baduel, Minister of Defense.
Admiral Aguirre.
The Presidential Chief of Staff.
What did they say?
That he was a good guy,
that it was
the President's order.
That the President
was very interested in the case.
So they knew he had drugs
in the Army barracks?
Of course. How wouldn't they?
What did they say to you?
It seems like Magino
was the President's
mother's bodyguard,
so there was a link.
So was it proved that
he stashed the drugs overnight?
I issued the injunction,
but the Prosecutor
closed the investigation.
I remember the case
was then later dismissed.
Case closed.
How long ago was this?
About four or five years ago.
In my opinion, right now
Alcal Cordones
is the drug baron in Venezuela
together with Reverol.
Through Puerto Cabello...
-The Drug Enforcement Reverol?
-That's right.
You're saying that the head
of drug enforcement
is involved with drugs?
He and Alcal Cordones
are very close friends.
Do you have any proof of this?
That's a serious accusation.
Yes it is serious.
What proof do you have?
I'd get the proof.
I don't have it right now.
But why do you think this man,
who is a regional commander...
He heads a division.
He and the director
of the Drug Enforcement Office,
why do you think
they're involved in this?
Just take a look
at the global statistics
of international

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drug trafficking,
and look at where drugs
are shipped from Venezuela.
I wouldn't doubt
it's from Puerto Cabello.
What could you find?
Drug lords to confirm
who these people are.
Did you have
any kind of relationship,
or knowledge
of a direct relationship,
between the government
and the Colombian FARC?
Well...
There was a time
when the instructions
we got mainly from
the Chief Military Prosecutor,
were to leave those guys alone.
SECRET STORIES
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As Chief Military Prosecutor
you handled the Usn case.
-Right.
-The Baduel case.
Also.
-Polloli.
-I didn't handle Baduel's case.
-But you handled the Usn case.
-I did.
-Was that case manipulated?
-Yes it was.
Did you get a presidential
or executive order,
to do something you wouldn't do
as Chief Military Prosecutor?
-Yes.
-What did they tell you?
Well, that...
That I had to...
That he had to be charged and convicted.
Why did you do it?
Why did you do it?
I was ordered to.
What would've happened
if you didn't obey?
I'd be dismissed.
Was that the only reason
you obeyed that order?
I've been a military officer
all my life.
How do you feel right now,
after confirming

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that you tampered


with the Venezuelan
justice system,
and now you're in their hands?
Well,
what can I say to you?
I know what's coming my way.
And what's coming my way
isn't good.
How do you feel
about those who
have lost their freedom?
The relatives of people
who were imprisoned?
What would you say
to those people that you,
in some cases,
maybe by following orders,
or for any other reason,
deprived them of their liberty?
What would you say
to their relatives?
What would you tell Venezuela,
that's watching you admit
to manipulating with justice?
I'd tell Venezuela
there's still time to recover.
To avoid repeating
the same mistakes.
To focus on a brighter future.
A more democratic future,
a future of greater freedom.
And as a man,
as a Venezuelan,
I accept my responsibility.
And if I did something wrong,
if I did something wrong,
I take the blame.
And if I have to pay for it,
so be it.
But I am not going to pay
for a crime
I never committed.
Which case is that?
You just admitted
to manipulating justice.
-No, no.
-The Makled case?
The Makled case.
Let me ask you this.
Are there political prisoners
in Venezuela?
Yes.
There are people
they ordered not to be released.
Especially

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the police inspectors.


Who gave the order? What was the order?
The order is from the President.
There's no doubt in my mind.
Nothing happens in Venezuela
without the President's okay.
Were you ordered
not to release Simonovis?
Simonovis, the police officers,
the April 11th. case.
What was the Supreme Court's
supposed to do?
Validate everything
we were sent.
In a nutshell,
we had to accept the fact
that they were not
to be released.
So the justice system
turned its back on them.
So what would I say
to their relatives?
Have faith.
And struggle
for what they think is right,
and what they think
they should struggle for.
Do you feel the government
has turned against you?
I think they did that
a long time ago,
I just didn't realize it.
When did the government
start turning against you?
I think more than a year ago.
Why?
Well...
I guess I wasn't useful anymore.
Or maybe they needed
to find somebody else
who was more willing
to cooperate.
What are you going to do now?
Unofficially it's being said
you're cooperating somehow,
or speaking with several
international organizations
such as the DEA, the FBI.
Not right now.
Not right now.
Would you?
If it's to do justice
and clear my name I would.
Why don't you go back
and face
the Venezuelan justice system?

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Do I have any rights?


Will they respect my rights?
If they respect my rights
I will be delighted to go back.
What rights did the people
that you imprisoned have?
Like I just told you,
I accept full responsibility.
But knowing the system
from inside,
and how it works
and how it's handled,
I don't think
I'd have any rights at all.
Not in my case at least.
You were in the judiciary
for more than 15 years,
and the cases we discussed
of the manipulating of justice
happened more than
six years ago.
Why didn't they come after you?
Why didn't they
have you investigated?
Why now?
I ask myself the same question.
I ask myself the same question.
And it's even ironical.
I went from being the persecutor
to being persecuted.
Have your bank accounts
in America been frozen?
I have no accounts anywhere.
There are unofficial reports
in Venezuela
that you used your daughter
as a front woman.
Is that true?
They'd have to prove that.
Check her bank account.
See where the money is.
That's what they need to do.
There are other cases
we'd like to consult with you
off the record.
One is the also emblematic case
of the briefcase.
One of the people
who were convicted in America
was Franklin Durn.
He returned to Venezuela
a few days ago.
He is reported to have been held
for five days by the DISIP,
he gave a statement,
and was released.

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Apparently he's charged


with money laundering,
if I'm not mistaken.
There are also
some unofficial reports
that some of his relatives
bribed you, is that true?
That they bribed you
to make sure Franklin Durn
wouldn't have any trouble
back in Venezuela.
I think they got that wrong,
and I'll tell you why.
Did the Duran family
pay you $2 million?
What?
No.
Mr. Durn went straight
to the Prosecutor's office,
he was
in the Prosecutor's office.
From there he was taken to court
where he got an injunction.
So what was my role in that?
But you know the case.
Yes I do,
it's a very famous case.
Why would they pay me?
I had nothing to do with it.
It's been a long time
since I've been in a courtroom.
What do you do now?
I was stuck
with issuing rulings.
And now I'll focus on writing.
-What kind of writing?
-Maybe my memoirs.
What will they say?
Well,
lots of stuff.
Were you threatened
in Venezuela?
Do you fear for your life?
In Venezuela I do.
Yes I do fear for my life,
first of all,
because of how emblematic
I was like you said earlier.
And also,
because,
right now I would be
an easy target for anybody.
Considering how many
hired assassins there are,
I wouldn't dare
walk the streets in Venezuela.

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Because it's dangerous.


Because it's dangerous,
and I don't have an armored car.
I don't have a bodyguard.
So I'm now like they say,
like any other guy.
And just like any other guy,
I can suffer
the consequences of a crime.
Do you admit the harm you did
to the Venezuelan
justice system?
Yes.
Like I said, I take the blame
and the responsibility.
And I'll pay for it
if I have to.
Being a former part of it,
exactly how corrupt
is the Venezuelan judiciary?
I think it's very corrupt
at every single level.
There's a lot of manipulation.
Like I said, there's no ruling
that isn't consulted.
Lately, all the criminal courts
have to make consultations
before handing down a ruling.
SECRET STORIES
OF A JUDGE IN VENEZUELA
SECRET STORIES
OF A JUDGE IN VENEZUELA
You know,
on the twentieth,
when I finished packing
all my stuff in my office,
all my books,
I told myself
I'd never touch
another law book.
Justice,
is nothing,
justice is a ball of putty.
I say putty
because it can be molded.
For or against.
I didn't want to have anything
to do with the law anymore.
I said I'd rather have
a hotdog stand.
But then,
after all my reflections,
and I had time to think it over,
and after I saw that,
that my friends
have offered to help me,

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I now think
you need to fight for justice.
And that blindfolded lady
has to be shown the way.
You said earlier
that you felt betrayed.
By whom exactly?
Who betrayed you?
My colleagues.
Why? Who?
Well,
all of them, there are so many,
the list goes on and on.
I picked up the phone
and made phone calls,
and nobody answered.
Nobody would have anything
to do with me.
-Right now.
-Exactly.
But they phoned you before.
They phoned me, I phoned them,
and we got together.
And now nobody
wants to see my face.
That's why I tell you,
the blindfolded lady,
the goddess Themis,
we need to take her
down the right path,
that is the duty
of all us Venezuelans.
And therefore,
I won't burn my law books,
or not study them again.
I'll read them more than ever.
Because I'll try to make right,
as long as I live,
the harm I did.
That's my penance.
How will you do that?
By fighting for justice.
By doing what is right.
If I were the daughter
of someone who was arrested
due to your irresponsibility,
Your manipulation of justice,
why would I believe you?
I'll prove it with my actions.
To wrap up our interview,
is there separation of powers
in Venezuela?
-None whatsoever.
-The Venezuelan judiciary?
There's no separation of power
whatsoever in Venezuela.

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Are there political prisoners


in Venezuela?
Yes there are.
The Afiuni case.
The same thing.
It's a very political case.
And emblematic.
She's a judge and a lawyer
just like you.
I'm sure she's watching.
What would you say to her
particularly?
That she's a very brave woman.
And that those are the justices
that represent
the justice system well.
PALACE OF JUSTICE
"After the interview,
Justice Aponte Aponte
was seen with DEA agents."
SECRET STORIES
OF A JUDGE IN VENEZUELA

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