2008: President Chavez Cancelled His Law on Intelligence Agencies after 14 Days of Criticism

On February 1, 2007, the National Assembly passed an “enabling law” which allowed President Chavez to pass laws by decree in eleven different areas for a period of eighteen months. Chavez used his decree power to enact a major overhaul of Venezuela’s intelligence agencies. The Law came into effect on May 28, 2008 after being published in the Official Gazette. The new law dissolved Venezuela’s two main intelligence services and replaced them with new agencies, to be overseen by the President. Chavez said that the Law was intended to protect national security and combat U.S. interference in the internal affairs of Venezuela. [1]

The Law required Venezuelan citizens to comply with requests from the intelligence services to assist with intelligence-gathering. Citizens who refused could face prison terms of two to four years, while government employees could face four to six years. The Law required judges to cooperate with the intelligence services.   

The Intelligence Law drew protests from human rights activists and legal scholars who said it could lead to violations of civil liberties and become a tool for cracking down on dissent.[2]

·       Blanca Rosa Marmol de Leon, a Justice on Venezuela’s Supreme Court said: “I have an obligation to say this, as a citizen and a judge. This is a step toward the creation of a society of informers. We are before a set of measures that are a threat to all of us.” [3]

·       Jose Miguel Vivanco, Americas Director for Human Rights Watch said: “This is a government that simply doesn’t believe in the separation of powers. Here you have the President legislating by decree that the country’s judges must serve as spies for the government.” [3]

·       Rocio San Miguel, Head of an NGO that monitors Venezuelan defense issues said: “This is the most scandalous effort to intimidate the population in the 10 years this government has been in power. This is a way to instill fear in NGOs and news organizations and parts of society that remain outside the government’s reach.[3]

On June 8, 2008, President Chavez said that he had listened to the criticisms and that:

·       “I heard criticisms and opinions about the Law and believe that indeed there are some errors. The intelligence services cannot oblige someone to inform on someone else. I assume responsibility for having made this error. There is no dictatorship here. And no one will be obliged to say more than they want to say.” [4] [5]

Chavez repealed the Intelligence Agency Law on June 10, 2008 in a notice in the Official Gazette.

 

1.     VOA, Chavez Takes Control of Venezuelan Intelligence Agencies, June 1, 2008.

2.     AP, Venezuelan Spy Law Draws Protests, Seen as Potential Tool Against Dissent, June 3, 2008,

3.     New York Times, Chavez Decree Tightens Hold on Intelligence, June 3, 2008.

4.     Wilpert, G., New Venezuelan Intelligence Law Will be Revised, Venezuelanalysis, June 8, 2008

5.     New York Times, Chavez Suffers Military and Policy Setbacks, June 8,2008.

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