The Miami Herald
Thu, Jun. 17, 2004

Critics decry Congress' ousting of high court justice

BY JORGE RUEDA
Associated Press

CARACAS - Congress fired the vice president of Venezuela's highest court, a move critics said Wednesday paves the way for the government to seize control of the judiciary.

Using a new law that allows Congress under certain conditions to hire and fire Supreme Tribunal justices by a simple majority vote, Fifth Republic Movement lawmakers fired Franklin Arrieche from the 20-member court late Tuesday.

Critics fear President Hugo Chávez's deputies will use the law, which expands the court to 32 members, to seize control of the tribunal, which would decide any disputes arising from a presidential recall vote Aug. 15.

Opposition lawmaker Julio Borges called the firing ''totally arbitrary.'' He and other critics claim the law, passed in May, violates the constitution, which requires a two-thirds vote to remove a Supreme Tribunal justice.

Chávez's party has 82 seats in the 165-seat legislature. Tuesday's vote was 82-37.

Arrieche's firing was based on a report by a congressional panel -- composed exclusively of ruling party members -- alleging he gave false information on his credentials when he was appointed.

It cited Arrieche's ties to Luis Michelena, once one of Chávez's closest collaborators and now one of Chávez's most vociferous critics.

Opposition deputies boycotted the panel that compiled the report.

Arrieche had no immediate comment on the move.

Ruling party lawmakers also asked the attorney general to open investigations into two other justices they consider unfriendly to Chávez.

The firing comes as both sides prepare for a recall referendum on Chávez, who was elected to a six-year term in 2000. For a recall to succeed, more Venezuelans must vote against Chavez than the 3.7 million who elected him four years ago.

If Chávez loses, new elections must be called within 30 days. The winner serves out the remainder of Chávez's term.