Chavez’s New Intelligence Law and the Decline of Judicial Independence in Venezuela

225px-hugo_chavez_in_guatemala.jpgVenezuelan president Hugo Chavez has recently passed a new intelligence law that requires all citizens, especially government officials, to assist the government in turning over information. Under this new law, Venezuela’s former intelligence agencies, the DISIP and the DIM will be replaced by the General Intelligence Office and General Counterintelligence Office, which will both be commanded by Chavez. Refusal to comply with requests for information can result in up to four years in prison for civilians and up to six years in prison for government employees.

One of the most disturbing aspects of this new legislation is the inclusion of the judiciary in complying with intelligence requests. With this new law, the judiciary will effectively be used as government spies instead of maintainers of justice and fairness. While the judiciary in a government should have the power to counterbalance the executive and provide non-partisan justice, this new law will force the judiciary to become subordinate to President Chavez and complicit in the government’s actions. According to the New York Times, “While the language of this passage of the law…is vague…the idea is clear: justice officials, including judges, are required to actively collaborate with the intelligence services rather than serve as a check on them.”

While Chavez claims that this new law will guard the country against terrorism and protect human rights, in reality, it will erode the rights of Venezuelans by giving the government too much power over the judiciary. The status of the judiciary has been declining substantially under Chavez and will continue to do so with the addition of this legislation. This new intelligence law puts the judiciary in imminent danger of losing its independence in Venezuela. Without an independent judiciary, the executive branch will be able to assert full, unchecked power over the country, which will undoubtedly be detrimental.

 Photo: Wikipedia

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