The nice
thing about traveling is you can relax and think. While I did not have the
privilege of having a room which cost 2,670 euros a night (The Raphael), like the President of
the people did in Paris,
the trip was fun and relaxed. Perhaps being away allowed me to step back a bit
from what is going on in Venezuela, but as I read the news once in a while, I
could not help the feeling I get that, despite what is going on here, people
are simply too complacent. While I was away the new penal code was approved,
land was illegally taken away from their owners and the Minister of Defense
justified the death of two people in the name of better military discipline.
And nothing happens, nobody reacts.
Yes, the
new penal code is in effect. In its article 147 it says:
“Anyone who offends with his words
or in writing or in any other way disrespects the President of the Republic or
whomever is fulfilling his duties will be punished with prison of 6 to 30
months if the offense is serious and half of that if it is light. The term will
be increased by a third if the offense is made publicly.”
From a
legal point of view, this article is so screwed up, that those that wrote it
should simply proclaim their stupidity. By the way, by calling them stupid, I
am violating another article.
First of
all, what is an offense? Does it need to be false to be offensive? If I say
Chavez is ignorant on economic matters, am I offending him? If I say he is a
murderer too, am I being offensive? If I say he allows rampant corruption
around him, is that offensive? Or what about if I say that he is a proven liar?
I am sure he would be offended by being called a liar, but it is true. From his
“poor” background, to why he went to the military academy, or why he could not
go to college, to his campaign promises, lies, lies, lies…
Then comes
serious and light (“grave” and “leve” in the Spanish original). Who decides one
or the other? A judge? Is calling Chavez a murderer in the 1992 “light” or
“serious”. Or accusing him of premeditated murder on April 11th.
2002, “light” or grave”. I simply don’t know.
And then
comes the public versus private debate. It says that the term will be increased
by one third if the offense is made publicly. What that does exactly mean? If I
tell my wife Chavez may be gay in the sanctity of my home, could I be offending
him? If I say in my blog that Chavez has allowed his family to get rich, is
that private or public?
Whoever
wrote and approved this, should be ashamed of what a bad job was done. The
problem is that Article 222 of the same Penal Code says:
“Anyone who by his words or acts
offends in any way the honor, reputation or decorum of a member of the National
Assembly or any other civil servant, will be punished in the following way, if
the action is made in his presence and is motivated by his responsibilities…”
Clearly, Article
147 was written by the National Assembly. Thus, I may be getting into trouble
if I call them dumb and dumber for writing Art. 147, but this article may be
just as bad. Who is a civil servant in Venezuela? Can I say the Assembly’s
doorman is stupid? Or the guy that denied me a new passport is corrupt? Or the
Vice-President a cynic? Or the Minister of Information a liar? Or unethical
(both of them)? I just don’t know.
Then there
is wonderful Art. 442 of the new Penal Code that says:
“Anyone who communicating with
various people, together or separate, would have charged any individual with a responsibility
which may expose him to public scorn or hate, or an offense to his honor or
reputation, will be punished with prison of one to three years…if the crime
were committed in a public document or writings (blogs?), drawings or exposed
to the public, the penalty will be from two to four years…”
You have
to love this one. You only need to accuse someone of something that may cause
public scorn, let’s say corruption, but the article says nothing about whether
it is true or not. Whether you have to prove it or not. Just that if you expose
someone to public scorn, bingo! Go to jail, do not collect 200, who cares if
its is true or not.
All of
this takes me back to the beginning. We are being overrun by this outlaw
Government and people are just sitting there, letting the Government abuse
them, take advantage of them and intimidate them. The Venezuelan press is saying
little, being extremely careful of not violating the media law or the new penal
code. The truth is not getting out. We are losing my friends. That is the stark
reality. Reporters are fired for fear of losing Government advertising. Events
are not reported by the press for fear of violating one of the innumerate new
articles of these two new bills.
Which
comes to the point of this article. I am no hero. I don’t pretend or want to be
one. But I will simply not back down. I will continue to call murderers,
murderers. Idiots, idiots. Thieves, thieves. Thugs, thugs. This is my country
and my life we are talking about, not some abstract concept of freedom and democracy.
This is my freedom, this is the democracy I have lived in and fought for most
of my life. All Venezuelans that are against this autocratic regime should
fight everyday in everyway they can. We can not be intimidated by militaristic
and Stalinist practices of this Government.
If allow them to push us back, we lose. I will not step back. As simple as that.
8:51:13 PM 
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